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New York federal court vacates arbitration award based on evident partiality
- Edwards Wildman Palmer LLP
- -
- USA
- -
- April 26 2010
Scandinavian Reinsurance Company Limited (“Scandinavian Re”) and St. Paul Fire & Marine Insurance Company, St. Paul Reinsurance Company, Ltd. and St. Paul Re (Bermuda) Ltd. (collectively “St. Paul”) entered into a retrocessional agreement under which St. Paul ceded a portion of its casualty reinsurance portfolio to Scandinavian Re
Commercial Court upholds tribunal award limiting recovery under business interruption policy
- Edwards Wildman Palmer LLP
- -
- United Kingdom
- -
- June 16 2010
The Commercial Court has upheld an arbitration award on business interruption insurance that used a "but for" approach to causation with the effect of limiting recovery by the insured
United States Supreme Court asks for federal government's opinion on applicability of the McCarran-Ferguson Act to the New York Convention
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 22 2010
The U.S. Supreme Court recently asked the Solicitor General to file a brief on behalf of the United States expressing its views on whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") and the federal legislation that enforces it, the Federal Arbitration Act ("FAA"), are subject to the reverse preemption provision of the McCarran-Ferguson Act
The effect of an arbitration agreement in an insurance policy
- Edwards Wildman Palmer LLP
- -
- Hong Kong
- -
- March 30 2010
The recent High Court judgment in Rondabosh International Ltd v China Ping An Insurance (Hong Kong) Co Ltd 2009 HKEC 2103 demonstrates the effect of an arbitration agreement in an insurance policy
New York federal court vacates prior order finding that arbitration must start anew
- Edwards Wildman Palmer LLP
- -
- USA
- -
- July 30 2009
In early January, www.insurereinsure.com reported on In the matter of the Petition of Ins. Co. of North America, et al. against Public Service Mut. Ins. Co., No. 08-cv-7003 (S.D.N.Y.), in which the U.S. District Court for the Southern District of New York held that an arbitration must start anew because a member of the arbitration panel resigned for health reasons prior to the rendering of an award
Ninth Circuit confirms arbitration award, holds that panel’s ex parte meeting with certain expert witnesses did not justify vacatur
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 20 2010
Petitioner United States Life Insurance Company (“U.S. Life”) reinsured workers’ compensation policies issued by five insurers domiciled in California
Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees
- Edwards Wildman Palmer LLP
- -
- USA
- -
- March 2 2010
National Union Fire Insurance Company of Pittsburgh, PA entered into a reinsurance treaty with Odyssey America Reinsurance Corporation, which contained an arbitration clause
Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 10 2009
Earlier this summer, the U.S. District Court for the Central District of California, Western Division held that an arbitrator's determination in an underlying claim triggered the intentional acts and personal profit exclusions in both a D&O and E&O policy
Commercial Court considers follow the settlements clause, allocation and recoverability IBNR
- Edwards Wildman Palmer LLP
- -
- United Kingdom
- -
- May 14 2010
IRB Brasil Ressegurous SA v CX Reinsurance Company Ltd 2010 EWHC 974 (Comm) concerned an appeal brought by IRB in relation to an arbitration award made in favour of CX Re and against IRB
District court denies motion to stay, holds that potential for unnecessary arbitration-related expenses does not constitute irreparable harm or clear hardship
- Edwards Wildman Palmer LLP
- -
- USA
- -
- January 22 2010
Plaintiff B.D. Cooke & Partners Limited, as Assignee of Citizens Casualty Company of New York (in Liquidation) (“Cooke”), filed a lawsuit against defendant Certain Underwriters at Lloyd’s, London (“Underwriters”
