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Results: 1-10 of 163

Trustmark not liable for failing to obtain setoff in long-running battle over retrocession agreements
  • Jorden Burt LLP
  • USA
  • April 17 2013

A Connecticut federal court put to bed a case which started out as a petition to confirm an arbitration award between reinsurer and retrocessionaire


Court rejects bid to seal documents submitted in support of petition to confirm reinsurance arbitration award
  • Jorden Burt LLP
  • USA
  • April 2 2013

First State Insurance Company and National Casualty Company arbitrated a reinsurance dispute in which the panel issued a confidentiality order


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


Arbitration roundup
  • Jorden Burt LLP
  • USA
  • January 18 2012

L’Objet, LLC v. Samy D. Ltd., Case No. 11-3856 (USDC S.D.N.Y. Sept. 29, 2011) (confirming award, finding arbitrator did not exceed powers, commit misconduct, or exhibit manifest disregard of the law, in disallowing certain discovery, and interpreting applicable precedent


Interim awards
  • Jorden Burt LLP
  • USA
  • April 28 2011

Draeger Safety Diagnostics, Inc. v. New Horizon Interlock, Inc., Case No. 11-mc-50160 (USDC E.D. Mich. Feb. 14, 2011) (confirming interim award for emergency relief ordering defendant to return records, data, and reports; claim was ripe because the plaintiff was likely to be harmed absent confirmation; court lacked subject matter jurisdiction to confirm non-final award of fees because the claim was not ripe


Exceeding Authority; Manifest Disregard for the Law
  • Jorden Burt LLP
  • USA
  • April 28 2011

CCent. Mont. Rail v. BNSF Ry. Co., No. 05-00116 (9th Cir. Mar. 18, 2011) (affirming the district court’s confirmation of an arbitration award because the conditions for vacatur were not met; the arbitrators had not exceeded their authority nor manifestly disregarded the law


Notice issues
  • Jorden Burt LLP
  • USA
  • April 28 2011

Selective Ins. Co. v. Coach Leasing, Inc., No. A-4007-06T2 (N.J. Super. Ct. App. Div. June 16, 2008) (reversing orders vacating arbitration awards and remanding for entry of judgment enforcing awards; notifying defendant’s third-party administrator of the arbitration was sufficient notice under the parties’ agreement and New Jersey statute


Court refuses to vacate award where insurer’s pre-arbitration appeals process not followed
  • Jorden Burt LLP
  • USA
  • January 25 2013

Plaintiff USA Chiropractic commenced arbitration proceedings against PIP carrier NJ Re-Insurance Co., seeking coverage under an assignment of rights


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


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."