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Petition to compel reinsurance arbitration dismissed after umpires selected
  • Jorden Burt LLP
  • USA
  • October 10 2012

A court recently dismissed a case brought to compel arbitration in a asbestos reinsurance coverage dispute between Century Indemnity Company and Everest Reinsurance Company, after the parties reported to the court that they had finally installed umpires in multiple arbitrations related to the dispute


Declaratory relief action rejected as a means to challenge interlocutory arbitration orders for lack of “ripeness”
  • Jorden Burt LLP
  • USA
  • February 25 2013

In an arbitration related to an uninsured motorist insurance claim, the insured twice challenged the arbitrators' discovery rulings by filing


Second Circuit orders dismissal of suit to confirm a Peruvian arbitration award in New York on forum non conveniens grounds
  • Jorden Burt LLP
  • USA
  • April 5 2012

The Peruvian arbitration awarded over $21 million in connection with a consulting agreement for engineering studies on water and sewage services in Peru


Second Circuit affirms waiver of removal based on service of suit provision in reinsurance treaty
  • Jorden Burt LLP
  • USA
  • December 14 2010

In two prior posts (December 8, 2009 and February 11, 2010), we reported on Dinallo v Dunav Ins. Co., a case between a liquidator of an insurance company and the company’s reinsurer, Dunav Re


Federal judge confirms reinsurance arbitration award
  • Jorden Burt LLP
  • USA
  • August 5 2010

After arbitration between insurers Praetorian Insurance Co. (fka Insurance Corporation of Hannover) and Clarendon Insurance Group Inc., and their reinsurer, American Constantine Insurance Co., the U.S. District Court for the Southern District of New York granted an unopposed petition to confirm the $7 million arbitration award


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


Tenth Circuit holds post-judgment interest rate in “broad” arbitration provision trumps statutory rate
  • Jorden Burt LLP
  • USA
  • August 17 2010

On November 17, 2008, we reported on a Colorado district court's decision in a reinsurance dispute to alter the post-judgment interest rate provided in the arbitration panel's final award and replace it with a statutory rate


Ninth Circuit affirms attorney’s fee award for arbitration, confirmation, and collection, but not for litigation with reinsurers
  • Jorden Burt LLP
  • USA
  • October 25 2010

In a dispute between providers of payroll services ("payroll providers") and the reinsurers of a movie, the Ninth Circuit, which previously held that the reinsurers were liable for the obligations of the movie's producers, affirmed an award of attorney's fees that were incurred in an arbitration between the payroll providers and the movie producers, and in the payroll providers' related efforts to confirm and collect the arbitration award


Counsel permitted to represent former client’s adversary despite awareness of former client’s “predilections” on the selection of an arbitrator
  • Jorden Burt LLP
  • USA
  • June 3 2011

In an action by a former client to disqualify its former attorney from representing an adversary in an impending reinsurance arbitration, disqualification was denied because the two matters were "neither the same nor substantially similar."


Federal court compels arbitration and stays action under federal law despite state law prohibiting arbitration of insurance disputes
  • Jorden Burt LLP
  • USA
  • November 11 2010

In an action for breach of an insurance policy and the tort of bad faith, the Western District of Arkansas recently compelled arbitration and stayed the action