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Jorden Burt LLP | USA | 6 Jun 2013

Insurer’s motion to dismiss denied due to equitable tolling

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

Jorden Burt LLP | USA | 5 Jun 2013

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

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

Jorden Burt LLP | USA | 4 Jun 2013

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

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

Jorden Burt LLP | USA | 3 Jun 2013

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

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

Jorden Burt LLP | USA | 30 May 2013

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

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

Jorden Burt LLP | USA | 29 May 2013

Class certification recommended in alleged private mortgage reinsurance “kickback” scheme

When prospective home buyers cannot make a down payment at a certain level (usually twenty percent of the purchase price), lenders often require them…
Article

Jorden Burt LLP | USA | 28 May 2013

Reinsurer can deny coverage based on insurer’s late notice

AIU brought an action against TIG asserting breach of contract and seeking a declaratory judgment as to coverage under nine certificates of…
Article

Jorden Burt LLP | USA | 23 May 2013

Invalid attorneys fee provision severed and arbitration compelled

An arbitration provision in an employment agreement provided that the "costs and expenses of the arbitration, including the arbitrator's fees, shall…
Article

Jorden Burt LLP | USA | 22 May 2013

Iowa and Maryland adopt acts concerning credit for reinsurance

On April 24, 2013, the Iowa State Senate adopted a Credit for Reinsurance Act that becomes effective January 1, 2014. On March 20, 2013, the Maryland…
Article

Jorden Burt LLP | USA | 21 May 2013

NAIC reinsurance task force meeting update - May 2013

he NAIC's Reinsurance Task Force met on April 8, 2013, as part of the NAIC's spring national meeting. The Task Force has published its agenda and…
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