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Article

Jorden Burt LLP | USA | 7 Sep 2010

Court punts to arbitrator on effect of voluntary dismissal on claim against reinsurer

A third-party complaint disputing the nature and extent of an obligation to reinsure an insurance company with respect to losses arising from assumed reinsurance risks has been dismissed without prejudice, to allow an arbitrator to decide the scope of a settlement agreement.

Article

Jorden Burt LLP | USA | 5 Apr 2010

Factual disputes preclude summary judgment in favor of reinsurer asserting non-compliance with prompt notice provision

A federal district court adopted in part, and vacated in part the report and recommendation of a magistrate judge on defendant TIG Insurance Company's motion for partial summary judgment, which sought rulings that Illinois law governed a reinsurance coverage dispute and that, therefore, TIG could deny coverage without showing prejudice from untimely notice.

Article

Jorden Burt LLP | USA | 22 Feb 2010

Evidentiary privileges deemed waived by sharing documents with reinsurer

Last year, a defendant insurer filed an unsuccessful motion for protective order concerning subpoenas to the defendant's reinsurers; the court more recently declined to reconsider that ruling.

Article

Jorden Burt LLP | United Kingdom | 6 Mar 2009

UK court determines that insured can give effective notice of potential claims for professional negligence by apprising insurer of general circumstances that might lead to such claims

In this action for declaratory relief, the UK Court of Appeal issued a judgment on the construction and application of notification provisions in a claims made policy, which may be of interest in interpreting similar provisions in reinsurance agreements.

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