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Commercial Court upholds tribunal award limiting recovery under business interruption policy
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
Commercial Court considers follow the settlements clause, allocation and recoverability IBNR
- Edwards Wildman Palmer LLP
- -
- United Kingdom
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- 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
New York federal court vacates arbitration award based on evident partiality
- Edwards Wildman Palmer LLP
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- 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
The effect of an arbitration agreement in an insurance policy
- Edwards Wildman Palmer LLP
- -
- Hong Kong
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- 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
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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
California federal court finds that issue of whether commutation terminated certain reinsurance contracts was for the arbitration panel to decide
- Edwards Wildman Palmer LLP
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- USA
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- February 12 2010
Petitioner Sun Life Assurance Company of Canada ("Sun Life") moved to confirm an arbitration award against Respondents Liberty Mutual Insurance Company, Golden Eagle Insurance Corporation and San Diego Insurance Company
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
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- 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”
Ninth Circuit confirms arbitration award, holds that panel’s ex parte meeting with certain expert witnesses did not justify vacatur
- Edwards Wildman Palmer LLP
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- USA
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- 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 confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending
- Edwards Wildman Palmer LLP
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- USA
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- 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”
English High Court refuses to enforce a Canadian arbitration award which failed to give effect to mandatory EU regulations
- Edwards Wildman Palmer LLP
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- Canada, United Kingdom
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- November 19 2009
In Accentuate Limited v Asigra Inc (A company incorporated under the laws of Canada) 2009 EWHC 265, the English Court was asked to overturn the earlier decision of a District Judge which set aside an order giving the English claimant, Accentuate, leave to serve the Canadian defendant, Asigra, outside the jurisdiction and which granted a stay of proceedings
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- Workarea - Litigation
- Workarea - Arbitration
- Workarea - Insurance & Reinsurance
- Author - M Machua Millett
- Author - Jeanne Kohler