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Court Compels Discovery Of Reinsurance And Other Insurance Documentation From Insurer In Garnishment Proceedings

The judgment was entered in a class action by plaintiffs who lost their tuition payments for computer training programs at schools that abruptly closed in 2009. In attempting to collect on the judgment, plaintiffs served...more

Reinsurer Obtains Award Of Attorney’s Fees Against Cedent That Failed To Timely Produce Electronically Stored Information

This case was brought by the cedent, Michigan Millers Mutual Insurance Co., seeking indemnity and expense payments arising from various underlying lawsuits, under a Casualty Excess Reinsurance Agreement. A discovery dispute...more

FIO Issues Report On Global Reinsurance Market And Its Importance To The U.S. Insurance Industry

On December 31, 2014, the Federal Insurance Office (FIO) issued a report entitled “The Breadth and Scope of the Global Reinsurance Market and the Critical Role Such Market Plays in Supporting Insurance in the United States.” ...more

Second Arbitration Compelled On Reinsurance Claims Made Under Treaty Previously Construed In Prior Arbitration Award

In a complicated web of proceedings, the initial dispute involved whether the reinsurer, Nationwide Mutual Insurance Co., was permitted to condition payment of reinsurance claims on receiving access to the claim records of...more

Cedent Loses Motion For Reinsurance Payments Due To Late Notice And “Unsatisfactory” Proof Of Loss, Notwithstanding “Follow The...

In a reinsurance coverage dispute involving coverage for an underlying settlement of asbestos liability, a New York court considered whether the defenses of failure to provide prompt notice and failure to provide satisfactory...more

Reinsurance Broker And Cedent Settle Compensation Dispute

On March 26, 2014, we reported on a dispute surrounding whether a cedent was responsible to compensate a reinsurance broker under a particular broker authorization agreement. The court had denied summary judgment, finding...more

English Appellate Court Dismisses Appeal Of Judgment Declaring No Liability Under A Cargo Liability Reinsurance Policy

A judgment found that certain Lloyd’s reinsurers were not liable to cover the destruction of cargo on board a vessel that capsized in the Philippines during a Typhoon. The trial court relied on a typhoon warranty clause...more

9/4/2014  /  Reinsurance , Shipping , UK , Vessels

Class Action Alleging Mortgage Kickback Captive Reinsurance Survives Dismissal Pending Discovery On Tolling Of Limitations

A court denied dismissal of a putative class action involving claims against Suntrust Bank subsidiaries and a captive reinsurer for an alleged illegal kickback scheme arising out of captive reinsurance covering Suntrust’s...more

Court Refuses To Compel Nonsignatory To Join Reinsurance Arbitration

On April 8, 2014, we reported on National Indemnity Company’s (“NICO”) attempt in a Nebraska federal district court to enjoin Transatlantic Reinsurance Company from commencing arbitration against NICO in Chicago and New York...more

Court Construes Disputed Insurance Policy Language And Requires Reinsurer To Follow The Settlements

The case involved two facultative reinsurance contracts, each of which covered excess liability for similar umbrella liability insurance policies, and each of which contained a “follow the settlements” provision. After the...more

Jury Awards Stonebridge Casualty $5.8 Million On Reinsurance Claim

A final judgment was recently entered on a jury verdict awarding $5.8 million to Stonebridge Casualty Insurance Company. The case involved a reinsurer’s failure to pay reinsurance claims arising out of an automobile tire...more

Claims Against Loan Servicer And Force-Placed Insurer Alleging Commission And Reinsurance Kickback Scheme Survive Dismissal

A putative class action involving force-placed home insurance and an alleged scheme for mortgage lenders to obtain kickbacks in the form of commissions, reinsurance premium, and other fees, has survived a motion to dismiss. ...more

Reinsurance Arbitration Dispute Transferred To Venues In Which Arbitrations Were Pending

National Indemnity Company (NICO) sought an injunction in a Nebraska federal district court to prevent Transatlantic Reinsurance Company and its subsidiary (collectively, Transatlantic Re) from commencing arbitration against...more

Court Dismisses Claim Against AIG For Breach Of Reinsurnace Contracts

Reinsurer Transatlantic Reinsurance Company sued AIG and certain of its subsidiaries for a declaration that they breached various provisions of reinsurance certificates by transferring their risk under asbestos liability...more

3/31/2014  /  AIG , Breach of Contract , Reinsurance

Court Stands By Decision Denying Dismissal Of Case Involving Reinsurance Of Performance Bond

A New York federal district court denied reconsideration of its refusal to dismiss a case for forum non conveniens or lack of personal jurisdiction, in a dispute involving reinsurance of a performance bond insuring the...more

Reinsurance Discovery Dispute Transferred

The FDIC receiver of a bank served subpoenas on reinsurers, seeking information as to how the cedent insurer interpreted certain ambiguous terms in the underlying liability insurance policy. The insurer and reinsurer objected...more

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