Reinsurance & Arbitration Focus

The U.S. District Court for the Middle District of North Carolina has compelled arbitration over a party's objection that the dispute at issue was not within the scope of the arbitration clause and that arbitration was precluded by the opposing party's failure to ...

The Second Circuit has reversed a $64 million judgment against Fireman's Fund Insurance Co. in the latest ruling in a long-running dispute related to primary and excess policies that Utica Mutual Insurance Co. issued to a company later embroiled in asbestos ...

The U.S. District Court for the District of Nebraska recently granted a defendant's motion to compel arbitration despite a plaintiff's claims that she had never seen or signed the employment agreement containing the arbitration clause and that the agreement ...

The First Circuit has affirmed the confirmation of a FINRA award over an appellant's claim that the arbitrators erred by, among other things, not holding an investment firm liable under the doctrine of respondeat superior. The court held that the evidence ...

The Eleventh Circuit recently affirmed the confirmation of an arbitration award in a dispute involving a contract to obtain signatures for a Florida solar energy ballot initiative over claims that the prevailing party engaged in fraud, violated AAA rules, and ...

The U.S. District Court for the Northern District of New York recently denied an insurer’s attempt to compel the court to change a credibility decision it rendered following a bench trial in reinsurance litigation between Utica Mutual Insurance Co. and Munich ...

The U.S. District Court for the Southern District of Florida recently refused to compel arbitration in a putative class action based on an arbitration clause a plaintiff agreed to on a third party's website he used to book a rental car from the defendant.

Ancizar ...

The U.S. District Court for the Southern District of Texas recently compelled arbitration despite an insured's claim that the operative arbitration clause was unconscionable because it required the arbitration panel to comprise "persons employed or engaged ...

The First Circuit recently denied a corporation's numerous arguments seeking to vacate an arbitration award in favor of the individual who sold an entity to the corporation. The court's decision reflected the narrow review of arbitration awards and the uphill ...

The Court of Appeals of Nebraska has affirmed the dismissal of a claim under a reinsurance participation agreement based on lack of personal jurisdiction.

Applied Underwriters Captive Risk Assurance Co., an Iowa corporation with its principal place of ...

Recovering returns from reinsurance commissions can be a costly and time-consuming endeavor, at least when a former director of the agency that received the provisional commissions allegedly engages in a slew of activity to transfer and comingle the funds from ...

The Ninth Circuit recently denied a motion to compel arbitration after concluding that an arbitration agreement "buried" in difficult to access terms for a smartphone app did not put users on constructive notice that they were agreeing to arbitration (and a ...