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Results: 1-10 of 22

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


Court compels arbitration of multiple plaintiffs notwithstanding “narrow” arbitration agreement
  • Jorden Burt LLP
  • USA
  • February 22 2012

A court compelled arbitration of a dispute between an insurer and an affiliated group of multinational companies, despite the fact that the agreement to arbitrate was “narrow,” signed by only one of the plaintiff companies, and subject to a statute of limitations defense that state law permitted to be addressed in court


Court refuses to enjoin attorneys who allegedly breached confidentiality agreement in reinsurance arbitration
  • Jorden Burt LLP
  • USA
  • February 11 2013

On May 1, 2012, we reported on the Second Circuit's affirmance of a denial of Utica Mutual Insurance Company's motion to disqualify R & Q Reinsurance


Eighth Circuit: broad service of suit provision in insurance policy endorsement precludes arbitration
  • Jorden Burt LLP
  • USA
  • May 7 2013

In a prior post, we reported the district court's denial of the insurer's motion to compel arbitration in Union Electric Co. v. Aegis Energy


State law requiring “jurisdiction of action” in courts for insurance disputes rendered arbitration clause void
  • Jorden Burt LLP
  • USA
  • January 28 2013

The Washington Supreme Court affirmed the denial of a motion to compel arbitration in an insurance dispute, based on a state statute that prohibits


State insurance law that precludes arbitration preempted in favor of the FAA under the Liability Risk Retention Act
  • Jorden Burt LLP
  • USA
  • November 7 2011

A court recently compelled arbitration in a dispute between an insured and an insurer-risk retention group, concluding that the McCarren-Ferguson Act did not mandate the enforcement of a state anti-arbitration law over the FAA and broad arbitration agreements between the parties


Counsel disqualified for obtaining and concealing possession of internal arbitration panel communications
  • Jorden Burt LLP
  • USA
  • November 1 2011

On May 25, 2011, we reported on the denial of Northwestern National Insurance Co.’s petition to appoint a replacement arbitrator after opponent INSCO’s appointed arbitrator resigned in protest to perceived partiality by Northwestern’s appointee


Second Circuit affirms that insurer need not provide a defense and indemnity in arbitrations
  • Jorden Burt LLP
  • USA
  • December 30 2010

In a summary order by the Second Circuit Court of Appeals, the Court affirmed the lower court's summary judgment that found that a professional liability insurer was not required to defend and indemnify its insured for certain ongoing arbitration proceedings in which the insured was a defendant


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


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