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Second Circuit affirms order denying motion to disqualify reinsurer’s attorneys

Jorden Burt LLP
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USA
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May 1 2012

In a matter involving an arbitration with a reinsurance company, the Second Circuit Court of Appeals affirmed a district court’s order denying Utica Mutual Insurance Company’s motion to disqualify R & Q Reinsurance Company’s attorneys, the law firm of Chadbourne & Park, LLP

Court won’t budge obtaining intra-panel emails was out-of-bounds

Jorden Burt LLP
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USA
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March 20 2012

A federal district court has denied Insco’s motion for reconsideration of the court’s order disqualifying Insco Ltd.’s counsel from further representing it in a pending reinsurance arbitration

Insurer precluded from enforcing policy arbitration clause in garnishment action brought by insured’s assignee

Jorden Burt LLP
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USA
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March 15 2012

Penford Products entered into a contract with C.J. Schneider Engineering (“CJS”) for the construction of an ethanol plant

Client not permitted to submit counsel’s declaration in support of motion for reconsideration of disqualification order

Jorden Burt LLP
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USA
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November 30 2011

As we reported on November 1, 2011, a federal district court disqualified counsel for Insco, Ltd. because counsel had improperly procured and reviewed emails between members of an arbitration panel touching on deliberations in the ongoing arbitration

Arbitration award gives Cedent more than it bargained for

Jorden Burt LLP
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USA
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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

Insurer unsuccessfully attempts to avoid arbitration by winning race to the courthouse

Jorden Burt LLP
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USA
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October 25 2011

Republic Mortgage Insurance issued policies to lender Countrywide insuring against default by Countrywide’s borrowers

Courts say “go ask the arbitrators”

Jorden Burt LLP
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USA
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August 18 2011

Two recent cases illustrate the courts’ view that procedural matters concerning the arbitration process are confined to the arbitrators’ bailiwick

Court confirms arbitration award adding prepayment provision to reinsurance treaty

Jorden Burt LLP
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USA
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August 15 2011

Citing the treaty’s honorable engagement clause, a federal district court denied a group of reinsurers’ motion to vacate an arbitration award in which the arbitrators had fashioned a remedy requiring prompt payment of all disputed and undisputed claims

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

Jorden Burt LLP
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USA
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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

Supreme Court denies review of case challenging party-selected arbitrator

Jorden Burt LLP
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USA
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June 20 2011

The Supreme Court denied certiorari in Trustmark Insurance Co. v. John Hancock Life Insurance Co., a case involving a challenge to a party-selected arbitrator in a tripartite arbitration (where each party selects an arbitrator, and the two arbitrators select an umpire

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