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Results: 1-10 of 1,254

What duty does a primary insurer owe to an excess carrier?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 15 2013

A primary liability carrier usually owes no duty to excess insurers, even though those insurers bear the cost of excess judgments. If the primary

The Westphal shocker: how did a Florida court decide that a 19-year-old limit on workers’ compensation benefits is unconstitutional? Is substantive due process back?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • May 4 2013

In Westphal v. City of St. Petersburg, No. 1D12-3563 (Fla. Ct. App. Feb. 28, 2013), a Florida appellate court recently ruled that a 2-year limit on

Round-up of decisions vacating or confirming arbitration awards

  • Jorden Burt LLP
  • -
  • USA
  • -
  • October 4 2012

Following is a summary of court decisions, some confirming, others vacating, arbitral awards

Revisiting AT&T v. Concepcion: can you hear me now?

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 6 2012

Approaching the one-year anniversary of the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), it is noteworthy that the Court has felt it necessary to reiterate its holding, as courts have interpreted it more narrowly than was intended

Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard

Sealing arbitration awards: contractual confidentiality obligations versus the presumption of public access

  • Jorden Burt LLP
  • -
  • USA
  • -
  • August 10 2009

Arbitration benefits the public by freeing judicial resources

Commutation, Settlement Agreement, and Release between insurer (in liquidation) and reinsurer approved

  • Jorden Burt LLP
  • -
  • USA
  • -
  • September 3 2009

A Pennsylvania state court recently approved a Commutation, Settlement Agreement, and Release (“Settlement Agreement”) between Reliance Insurance Company (“Reliance”) and Munich Reinsurance America, Inc., formerly known as American Re-Insurance Company (“Munich Re”

Rehabilitation plan disapproved for failure to include surety bond liabilities in priority class of “claims under policies”

  • Jorden Burt LLP
  • -
  • USA
  • -
  • June 4 2012

On July 22, 2009 and November 2, 2011, we reported on certain disputes involving long-time rehabilitating insurer, Frontier Insurance Company

Liquidator for reliance insurance company seeks approval of commutation agreement with reinsurer

  • Jorden Burt LLP
  • -
  • USA
  • -
  • January 24 2013

The Pennsylvania Insurance Commissioner, Michael Consedine, moved for approval of a commutation, settlement agreement and release entered into

Stay of premature arbitration did not render subsequent proceedings or award void

  • Jorden Burt LLP
  • -
  • USA
  • -
  • February 24 2011

Where a court of appeals reversed a lower court's order compelling arbitration, and mandated a stay of ongoing arbitration proceedings, the proceedings conducted in arbitration both before and after the institution of the stay were not void