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First Circuit holds that preclusive effect of prior arbitration outcome is itself an arbitrable issue

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • April 7 2014

The U.S. Court of Appeals for the First Circuit earlier this year held that the preclusive effect of a prior arbitration is itself a matter for

Massachusetts High Court rules that Federal Arbitration Act applies to contracts involving interstate commerce

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • August 19 2013

In a decision that has implications for reinsurance, the Massachusetts Supreme Judicial Court last week decided that the Federal Arbitration Act

Recent caselaw illuminates the limits of the Federal Arbitration Act’s reach to insurance contracts

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • July 17 2013

Courts are more and more likely to enforce an arbitration clause, but not necessarily the ones in an insurance contract. The U.S. Supreme Court has

Binding arbitration clauses in insurance policies found unenforceable in Washington

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 14 2013

In State of Wash. Dep't of Transp. v. James River Ins. Co., No. 87644-4 (Wash. Jan. 17, 2013), the Washington Supreme Court en banc recently declined

First Circuit: arbitration decision bars insured from litigating coverage issues

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • January 14 2013

In a recent decision, the U.S. Court of Appeals for the First Circuit held that the doctrine of issue preclusion barred an insured from litigating

New York Court ERRS in consideration of interplay between California Insurance Code, McCarran-Ferguson, and Federal Arbitration Act

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • October 7 2011

In National Union Fire Insurance Co. v. Source One Staffing, LLC, the Supreme Court of New York County was asked to consider the interrelationship of three statutes: the McCarran-Ferguson Act (15 U.S.C. 1101 et seq.), the Federal Arbitration Act (9 U.S.C. 1 et seq.), and the California Insurance Code (Cal. Ins. Code 11658

Federal court finds that treaty’s consolidation language is for arbitrators to interpret

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • June 29 2011

Munich Reinsurance America was reinsured under a treaty in which National Casualty Corporation and Employers Insurance Company of Wausau, among others, participated as reinsurers

Supreme Court denies reinsurer's petition to hear arbitrator disqualification case

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • May 31 2011

The U.S. Supreme Court recently denied a reinsurer's request to hear a dispute that concerned, among other things, whether a cedent's party-appointed arbitrator should be disqualified from serving in a subsequent arbitration involving related parties and issues

Seventh Circuit reverses decision that disqualified reinsurance arbitrator based on service in related arbitration

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 9 2011

The U.S. Court of Appeals for the Seventh Circuit recently issued a unanimous opinion in reversing a decision of the U.S. District Court for the Northern District of Illinois to hold that a party-appointed arbitrator’s involvement in an earlier arbitration between the same parties did not disqualify him or render him incapable of serving in a subsequent arbitration involving related issues

Seventh Circuit unanimously lifts injunction issued in arbitration, holding that arbitrator’s service in prior arbitration between the parties involving overlapping issues did not disqualify him from serving in subsequent arbitration

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • February 7 2011

The U.S. Court of Appeals for the Seventh Circuit recently issued its opinion in Trustmark Ins. Co. v. John Hancock Life Ins. Co., a case that both the reinsurance and general arbitration communities have been following closely