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Results: 1-10 of 1,254

"Reinsurance accepted” clause interpreted to define maximum exposure, including expenses
  • Jorden Burt LLP
  • USA
  • May 5 2010

A court has found that a reinsurer's (Global Reinsurance Corporation of America) maximum exposure under a facultative certificate is $1 million dollars, inclusive of expenses


Round-up of decisions vacating or confirming arbitration awards
  • Jorden Burt LLP
  • USA
  • October 4 2012

Following is a summary of court decisions, some confirming, others vacating, arbitral awards


Federal court of appeal announces review standard applicable to rulings on motions to stay lawsuits pending arbitration
  • Jorden Burt LLP
  • USA
  • April 18 2010

In a case of first impression at the federal appellate level, the First Circuit, in Powershare, Inc. v. Syntel, Inc., 597 F.3d 10 (1st Cir. Mar. 1, 2010), held that the appropriate standard of review to be utilized by a District Judge when reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding is the clearly erroneous standard


Court dismisses fraud and unjust enrichment claims in dispute over allegedly improper draw on reinsurer’s letter of credit
  • Jorden Burt LLP
  • USA
  • January 12 2012

A court dismissed reinsurer Assurecare Corp.’s counterclaim for fraud and unjust enrichment against reinsured Arrowood Indemnity Company for drawing on Assurecare’s letter of credit for the allegedly improper purpose of collecting a disputed reinsurance claim


Court holds that reinsurance trust fund was not an “insurer” that obtained “reinsurance” for its members
  • Jorden Burt LLP
  • USA
  • February 3 2011

The Alabama Supreme Court has held that the Alabama Reinsurance Trust Fund, established by several self-insured employer groups to provide workers compensation coverage in excess of the members' self-insured levels, is not an "insurer" and thus could not have obtained "reinsurance" for its members


The Westphal shocker: how did a Florida court decide that a 19-year-old limit on workers’ compensation benefits is unconstitutional? Is substantive due process back?
  • Jorden Burt LLP
  • USA
  • May 4 2013

In Westphal v. City of St. Petersburg, No. 1D12-3563 (Fla. Ct. App. Feb. 28, 2013), a Florida appellate court recently ruled that a 2-year limit on


Recent decisions in 412(i) and 419 litigation
  • Jorden Burt LLP
  • USA
  • November 21 2011

The United States District Court for the Northern District of Texas recently issued several important decisions in MDL No. 1983, a multidistrict litigation proceeding designed to address claims related to employee benefit plans created under 412(i) and 419 of the Internal Revenue Code


Insurer’s motion to dismiss denied due to equitable tolling
  • Jorden Burt LLP
  • USA
  • June 6 2013

United Guaranty sought reconsideration of its motion to dismiss, which the Court denied in part due to Plaintiffs' successful equitable tolling


Third Circuit resurrects In re Insurance Brokerage Antitrust Litigation
  • Jorden Burt LLP
  • USA
  • November 30 2010

Nearly three years after a New Jersey district court dismissed all claims in In re Insurance Brokerage Antitrust Litigation, the Third Circuit Court of Appeals revived a portion of the class action antitrust conspiracy claims


Sealing arbitration awards: contractual confidentiality obligations versus the presumption of public access
  • Jorden Burt LLP
  • USA
  • August 10 2009

Arbitration benefits the public by freeing judicial resources