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Article

Jorden Burt LLP | USA | 1 Apr 2010

District court denies motion for reconsideration brought by assignee of reinsurance claims

This is our third installment covering the action brought by B.D. Cooke & Partners Ltd. (“Cooke”) to recover money from certain underwriters at Lloyd’s, London as the assignee of rights under certain reinsurance contracts.

Article

Jorden Burt LLP | USA | 5 Jan 2010

Court affirms denial of motion to compel cedant to disclose attorney-client communications

A New York appellate court summarily affirmed the denial of the reinsurers’ motion to compel the cedant to disclose attorney-client communications.

Article

Jorden Burt LLP | USA | 8 Dec 2009

District court finds that service of suit clause waives right of removal

In his capacity as Liquidator of Midland Insurance Company, the Superintendent of Insurance of the State of New York brought suit in New York Supreme Court against Dunav Re, a Serbian reinsurance company, seeking reinsurance monies owed.

Article

Jorden Burt LLP | USA | 14 Oct 2009

Personal accident reinsurance dispute settles for $130 million

On July 29, 2009, we reported on Willis Limited ("Willis") settling a dispute with American Reliable Insurance Company and Assurant General Insurance Limited over alleged irregularities in Willis’ placement of personal accident reinsurance.

Article

Jorden Burt LLP | USA | 19 May 2009

Ninth Circuit finds that the district court lacked jurisdiction to confirm arbitration award against the United States

In a proceeding in which the United States declined to participate, an arbitration panel awarded over $93 million to Park Place Associates, Ltd. (“Park Place”) on a breach of contract claim against the United States, which subsequently filed a motion to vacate in district court, which denied the motion to vacate and granted Park Place’s motion to confirm the award.

Article

Jorden Burt LLP | USA | 24 Apr 2009

Assignee of reinsurance claims not exempt from arbitration

Plaintiff, the assignee of remaining reinsurance claims possessed by the estate of the insolvent insurer, originally brought an action against the defendants in state court, but the defendants removed to federal district court by alleging that the New York Convention (the "Convention") and the Federal Arbitration Act governed the arbitration clauses in the excess-of-loss reinsurance contracts.

Article

Jorden Burt LLP | USA | 7 Apr 2009

Second Circuit’s finding that plaintiff waived the right to arbitrate is binding on the district court

After Interdigital, Inc. (“Interdigital”) brought two suits against Nokia Corporation (“Nokia”) for patent infringement before the International Trade Commission and in the District of Delaware, Nokia petitioned the Southern District of New York for injunctive and declaratory relief and to compel arbitration pursuant to an arbitration clause contained in two contracts that allegedly licensed the patents to Nokia.

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