We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



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


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


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


Reinsurance policy requires excess carrier to pursue subrogation rights against primary carrier
  • Jorden Burt LLP
  • USA
  • March 26 2012

Excess carrier United Heritage Property and Casualty Company asserted claims for breach of duty to defend and breach of duty to indemnify in a subrogation action against primary carrier Farmers Alliance Mutual Insurance Company (“FAMI”


District court denies motion to stay arbitration proceedings in state court
  • Jorden Burt LLP
  • USA
  • December 31 2008

Petitioners brought two Financial Industry Regulatory Authority (“FINRA”) arbitration actions against the Respondents, their former employer and a former supervisor, asserting a multitude of claims


Liquidator for reliance insurance company seeks approval of commutation agreement with reinsurer
  • Jorden Burt LLP
  • USA
  • January 24 2013

The Pennsylvania Insurance Commissioner, Michael Consedine, moved for approval of a commutation, settlement agreement and release entered into


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


Underlying insured lacks standing to sue reinsurer
  • Jorden Burt LLP
  • USA
  • October 15 2008

A U.S. District Court in Louisiana has ruled that absent a clear intent by the parties to a reinsurance contract to confer an advantage on a third party, that party has no standing to bring suit against the reinsurer


New York law applies to all claims in the Midland Insurance Company liquidation proceeding
  • Jorden Burt LLP
  • USA
  • March 17 2010

In this long-running legal saga surrounding the liquidation of Midland Insurance Company ("Midland"), the Superintendent of Insurance, Midland's reinsurers, and certain major policyholders stipulated to a case management order for determining the issue of whether New York substantive law controlled the interpretation of the Midland insurance policies at issue or whether the New York choice-of-law test must be conducted for each policy to determine the applicable substantive law


What duty does a primary insurer owe to an excess carrier?
  • Jorden Burt LLP
  • USA
  • February 15 2013

A primary liability carrier usually owes no duty to excess insurers, even though those insurers bear the cost of excess judgments. If the primary