Jorden Burt LLP

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Uberrimae fidei: contracting with the utmost good faith

November 15 2010 The doctrine of uberrimae fidei, or utmost good faith, has been invoked in reinsurance disputes for many years.

The benefits of cat bonds for ceding insurers and the potential for life and annuity risk bonds

August 27 2012 This has been an extraordinary year for cat bonds, with the largest single cat bond issue ever sold by a special purpose vehicle, the $750 million Everglades Re Florida hurricane risk cat bond, and a near record aggregate amount of risks placed in the market in a single year.

"Reinsurance accepted” clause interpreted to define maximum exposure, including expenses

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.

What duty does a primary insurer owe to an excess carrier?

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…

Revisiting AT&T v. Concepcion: can you hear me now?

April 6 2012 Approaching the one-year anniversary of the U.S. Supreme Court’s decision in AT & T Mobility, LLC v. Concepcion, --- U.S. ---, 131 S. Ct. 1740, 179 L. Ed. 2d 742 (2011), it is noteworthy that the Court has felt it necessary to reiterate its holding, as courts have interpreted it more narrowly than was intended.

Insurer’s motion to dismiss denied due to equitable tolling

June 6 2013 United Guaranty sought reconsideration of its motion to dismiss, which the Court denied in part due to Plaintiffs' successful equitable tolling…

Summary judgment granted for reinsurer due to lack of privity with direct insured

June 5 2013 Plaintiff Backups Plus Computer Services, LLC (Backups) owned hard drives which failed. Plaintiff GF&C Holding Company (GF&C) was a client of Backups…

If at first you don’t succeed: insurer estopped from compelling arbitration with Magellan Reinsurance

June 4 2013 Withdrawing its earlier opinion on rehearing, the Texas Court of Appeals held that New Hampshire Insurance Company ("New Hampshire") is judicially…

Court of Appeal affirms vacation of arbitration award on grounds of arbitrator’s evident partiality

June 3 2013 Thomas Kinkade Company's suit against Nancy and David White was submitted to an arbitration proceeding in which, as the Sixth Circuit noted, "the…

Court dismisses all claims in private mortgage reinsurance “kickback” scheme RESPA suit

May 30 2013 As we reported yesterday , a number of suits in recent years have been filed challenging lender and insurer practices regarding private mortgage…