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Binding arbitration clauses in insurance policies found unenforceable in Washington

Edwards Wildman Palmer LLP
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USA
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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
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USA
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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
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USA
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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
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USA
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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
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USA
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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
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USA
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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
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USA
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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

Oklahoma federal court declares arbitration clause in insurance contract unenforceable, not preempted by the FAA

Edwards Wildman Palmer LLP
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USA
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January 26 2011

We have been following onwww.insurereinsure.com various decisions that concern whether state laws that bar enforcement of arbitration agreements in insurance or reinsurance contracts are preempted by the Federal Arbitration Act (the “FAA”

Massachusetts federal court addresses manifest disregard of the law standard, finds that panel’s decision to limit discovery and witness testimony did not provide a basis to vacate award

Edwards Wildman Palmer LLP
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USA
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January 21 2011

In OneBeacon America Insurance Co. v. Swiss Reinsurance America Corporation, 09-CV-11495-PBS (D.Mass. December 23, 2010), a motion was brought by petitioner OneBeacon to vacate an arbitration award on the basis that the arbitrators were guilty of misconduct for refusing to permit necessary discovery and hear certain evidence

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

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