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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
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USA
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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
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USA
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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
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USA
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October 22 2010

Plaintiffs purchased disability insurance from First American National, which later became known as defendant Regions Bank ("Regions"

Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees

Edwards Wildman Palmer LLP
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USA
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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
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USA
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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
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USA
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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

New York federal court vacates prior order finding that arbitration must start anew

Edwards Wildman Palmer LLP
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USA
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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 reverses district court’s vacatur of arbitration award

Edwards Wildman Palmer LLP
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USA
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August 5 2010

Zev Lagstein, M.D. filed a claim for benefits under a disability policy issued by Certain Underwriters at Lloyd’s London (“Lloyd’s”) after he developed heart disease and other ailments

U.S. Supreme Court refuses to hear dispute concerning preemptive effect of New York Convention on state law barring arbitration

Edwards Wildman Palmer LLP
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USA
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December 29 2010

In a case we have been following on www.insurereinsure.com, Louisiana Safety Association of Timbermen Self Insured Fund v. Certain Underwriters at Lloyd’s, London, the U.S. Supreme Court declined to grant certiorari to hear a dispute between an insurance pool and its reinsurer concerning whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") preempts a Louisiana statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions

Edwards Wildman Palmer LLP
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USA
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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