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Results: 1-10 of 34

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

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

Arbitration clause covers disputes about future claims

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 14 2009

In Secretary of State for Transport v Stagecoach South Western Trains Ltd 2009 EWHC 2431, the High Court decided that a dispute over the method of calculation of future payments under a franchise agreement came within the relevant arbitration clause

Southern District of New York confirms arbitration award dismissing fraud claims on summary judgment

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • November 3 2009

In a recent decision of the United States District Court for the Southern District of New York, TIG Ins. Co. v. Global Int’l Reins. Co., Ltd., No. 09 Civ. 1289 (Aug. 7, 2009), the court ruled that an arbitrator’s decision to ignore certain evidence is not a proper ground for vacating an arbitration award

Sixth Circuit: insurer that defended insured in state court action need not defend insured in subsequent related arbitration; wording of arbitration claim precludes coverage

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 29 2009

Earlier this month, the Sixth Circuit affirmed a district court decision granting summary judgment to a professional liability insurer where it provided a defense in a state court action but denied coverage in a subsequent related arbitration

Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 15 2009

Plaintiff China National Chartering Corp. (“CNCC”) petitioned the U.S. District Court for the Southern District of New York to confirm an arbitration award rendered in its favor against defendant Pactrans Air & Sea, Inc. (“Pactrans”) by the China Maritime Arbitration Commission (“CMAC”

Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts

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

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”

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