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Federal court denies insured’s motion to vacate arbitration award: finds that reinsurer was not indispensable party to dispute, arbitrators had authority to award attorneys’ fees, and manifest disregard of the law is no longer viable
- Edwards Wildman Palmer LLP
- -
- USA
- -
- September 28 2010
Plaintiffs sued their insurer, Northbrook Indemnity Company, which removed the case to federal court and moved to compel arbitration
AIRROC launches expedited binding arbitration procedure for small claims
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 9 2009
The Association of Insurance and Reinsurance Run-Off Companies ("AIRROC") has announced the formal launch of the Dispute Resolution Procedure ("DRP"), an expedited binding arbitration procedure especially designed for small and less-complicated claims
Fifth Circuit compels arbitration, holding that parties clearly intended arbitrator to decide issues of arbitrability
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 22 2010
Plaintiffs purchased disability insurance from First American National, which later became known as defendant Regions Bank ("Regions"
High Court provides clarity on time limits in arbitration clauses
- Edwards Wildman Palmer LLP
- -
- United Kingdom
- -
- October 27 2010
In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned
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
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 finds that fraud claim is not arbitrable
- Edwards Wildman Palmer LLP
- -
- USA
- -
- August 4 2010
In a decision by the United States District Court for the Southern District of New York, AXA Versicherung AG v. New Hampshire Ins. Co., 05 Civ. 10180 (JSR) (S.D.N.Y. 2010), the court held that certain fraud claims were not a matter of contract interpretation and, therefore, not arbitrable under a provision in a facultative reinsurance agreement that provided for arbitration of disputes “arising out of the interpretation of this agreement.”
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
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
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