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Results: 1-10 of 163

Second Circuit Court of Appeals strictly construes Federal Arbitration Act’s subpoena power pertaining to non-parties

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 9 2008

Life Settlements Corp. dba Peachtree Life Settlements (“Peachtree”) entered into a contingent cost insurance contract with Syndicate 102 at Lloyd’s of London (“Syndicate 102”) to insure against the risk that living insureds under life policies which Peachtree purchased might live past his or her projected life expectancy

Second Circuit affirms waiver of removal based on service of suit provision in reinsurance treaty

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 14 2010

In two prior posts (December 8, 2009 and February 11, 2010), we reported on Dinallo v Dunav Ins. Co., a case between a liquidator of an insurance company and the company’s reinsurer, Dunav Re

Insurer denied request to enjoin speedy arbitration proceeding

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 15 2012

Policyholder Nero filed a putative class action lawsuit against American Family Insurance Company, alleging common law and statutory claims

Court refuses to vacate award where insurer’s pre-arbitration appeals process not followed

  • Jorden Burt LLP
  • -
  • USA
  • -
  • January 25 2013

Plaintiff USA Chiropractic commenced arbitration proceedings against PIP carrier NJ Re-Insurance Co., seeking coverage under an assignment of rights

Court compels arbitration and refuses to disqualify a party’s selected arbitrator

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 6 2011

A federal district court compelled arbitration and refused to disqualify a party’s selected arbitrator, notwithstanding that the arbitrator was a former employee and consultant of the objecting party’s parent company

Parties agree to dismissal of action after liberty mutual petitions court to appoint arbitrator

  • Jorden Burt LLP
  • -
  • USA
  • -
  • August 28 2012

A lawsuit involving a reinsurance dispute has been voluntarily dismissed so that it may proceed in arbitration

Roundup of federal decisions on motions to compel arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 7 2012

Authenment, III v. Ingram Barge Co., Case No. 10-2107 (USDC E.D. La. July 13, 2012) (granting West of England Shipowner’s Mutual’s motion to stay pending arbitration in a case initially brought against West of England’s insured, notwithstanding that plaintiff was non-signatory to arbitration agreement; holding that Convention on the Recognition and Enforcement of Foreign Arbitral Awards supersedes Louisiana’s statute prohibiting arbitration agreements in insurance contracts

Arbitration award gives Cedent more than it bargained for

  • Jorden Burt LLP
  • -
  • USA
  • -
  • November 21 2011

In Harper Insurance Ltd. v. Century Indemnity Co., the District Court for the Southern District of New York denied the motion of a group of reinsurers to vacate an arbitration award requiring the reinsurers to promptly pay all disputed and undisputed claims, notwithstanding that the parties to the reinsurance agreement had not contracted for such provision

Strike three: court declines to rewrite arbitration agreement to provide methodology for appointment of umpire

  • Jorden Burt LLP
  • -
  • USA
  • -
  • June 9 2010

In 2009, the parties in this matter were ordered to proceed in arbitration, pursuant to the terms of an arbitration clause contained in an insurance policy which was the subject of the dispute

Arbitration award allowed to be filed under temporary seal

  • Jorden Burt LLP
  • -
  • USA
  • -
  • December 2 2008

A group of reinsurers successfully moved to file under temporary seal a final arbitration award and motion to dismiss for lack of subject matter jurisdiction in an action petitioning for confirmation of the arbitration award