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Discovery of Reserve and Reinsurance Communications - Part II
  • Squire Patton Boggs
  • USA
  • August 14 2017

In Part II, we will discuss discovery of reserve information in the context of a bad faith case. In bad faith cases, the relevance of reserves


Discovery of Reserve and Reinsurance Communications - Part I
  • Squire Patton Boggs
  • USA
  • August 8 2017

In cases where an insurer is a party to an action, numerous discovery disputes have centered on a litigant’s ability to discover the insurer’s loss


Arbitration Award Clarification Confirmation
  • Squire Patton Boggs
  • USA
  • June 15 2017

Generally, when an arbitration panel issues a final award the panel is “functus officio“; its powers expired and its duties relieved because it has


Court Won’t Decide Motion to Compel Arbitration Until Insurer Posts a Bond
  • Squire Patton Boggs
  • USA
  • June 13 2017

A number of states, New York included, have provisions in their insurance law that require an unauthorized foreign or alien insurer to post a bond or


New York Federal Court Denies Most of Cedent's Request to Seal Summary Judgment Exhibits
  • Squire Patton Boggs
  • USA
  • June 12 2017

Whether documents concerning reinsurance disputes should be sealed has been a vexing question. The courts have been trending toward denying motions


Pennsylvania Federal Court Finds Cedent Sufficiently Pleaded Existence of Facultative Certificate
  • Squire Patton Boggs
  • USA
  • June 12 2017

A Pennsylvania federal court denied a reinsurer's motion for judgment on the pleadings based on the failure of the cedent to plead the formation of a


New York Federal Court Finds Evident Partiality and Vacates Arbitration Award
  • Squire Patton Boggs
  • USA
  • June 12 2017

In this case, a New York federal court had to determine whether the nondisclosure of an arbitrator's connection to one of the parties was significant


In Bad Faith Action, South Carolina Federal Court Compels Cedent to Produce All Communications With Its Reinsurer
  • Squire Patton Boggs
  • USA
  • June 12 2017

In an action brought against a cedent for declaratory judgment, bad faith, breach of contract, and unjust enrichment, a South Carolina federal court


New York State Court Sends Case to Trial Over Investment Manager's Alleged Breach of Investment Management Agreement for a Reinsurance Trust Account
  • Squire Patton Boggs
  • USA
  • June 12 2017

A New York state court sent two cases to trial and denied motions for partial summary judgment. The cases involved claims by note guarantors for


Nebraska Federal Court Compels Discovery of Information Concerning a Reinsurance Participation Agreement
  • Squire Patton Boggs
  • USA
  • June 12 2017

A Nebraska federal court largely ruled in favor of an insured's motion to compel discovery related to a dispute over monies allegedly owed under a