News & Analysis as of

Insurance Litigation International Arbitration

Carlton Fields

Second Circuit Holds New York Convention Is “Self-Executing,” Reverses Orders Denying Motion to Compel Arbitration

Carlton Fields on

In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...more

Pillsbury - Policyholder Pulse blog

Untying the Gordian Knot: The Second Circuit (Re)joins the Fray of Reverse Preemption of International Arbitration Provisions in...

The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable...more

Foley & Lardner LLP

Second Circuit Holds New York Convention is Self-Executing and Not Preempted by McCarran Ferguson Act

Foley & Lardner LLP on

On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more

Kennedys

International arbitration update: New York Convention not reverse preempted by state law

Kennedys on

In Certain Underwriters at Lloyds, London v. 3131 Veterans BLVD, LLC, the United States Court of Appeals for the Second Circuit held that Article II Section 3 of the New York Convention is self-executing and not...more

Bradley Arant Boult Cummings LLP

2nd Circuit Holds Arbitration Treaty Trumps State Insurance Law

On May 8, the Second Circuit held that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards trumps a Louisiana state law barring arbitration of insurance disputes in a pair of cases, Certain...more

Fuerst Ittleman David & Joseph

Subrogees Beware—You Can Be Compelled to Arbitrate as Third-Party Beneficiaries to an Arbitration Agreement

Cases requiring non-signatories to an arbitration agreement to arbitrate are not uncommon. Cases compelling subrogees to arbitrate, not because of an insurance policy but because of another contract, are less common. In...more

Miller Canfield

United States Court of Appeals Enforces Arbitration Agreement Against Third-Party Non-Signatories

Miller Canfield on

Arbitration agreements often seem straightforward—until they unexpectedly bind parties who never signed them. The United States Court of Appeals for the Eleventh Circuit’s recent decision in Various Insurers v. General...more

Foley & Lardner LLP

S.D.N.Y. Finds Arbitration Clause in Insurance Contract Unenforceable, Following Second Circuit Precedent that the...

Foley & Lardner LLP on

Two recent decisions from the United States District Court for the Southern District of New York highlight the split among circuits on whether state insurance laws that prohibit arbitration of insurance and reinsurance...more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

Carlton Fields on

The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Kennedys

The rise of international arbitration and a comparison of arbitration procedures in the USA, England and Wales, Bermuda and Canada

Kennedys on

Arbitration as a means of resolving international commercial disputes has grown in popularity in recent years as reflected by the reported rise in arbitration filings of more than 3% a year from 2010 to 2019 and a spike of...more

K&L Gates LLP

HUB Talks: Arbitration World: International Arbitration Clauses in Insurance Policies: Are They Valid in States With...

K&L Gates LLP on

In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more

Morgan Lewis

Arbitrator Denies Cover for Policyholders Regarding Business Interruption Losses

Morgan Lewis on

A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent...more

Carlton Fields

English Court Enjoins Washington State Court Action in Favor of Arbitration in London

Carlton Fields on

In a dispute involving a complex, multilayered excess insurance policy, the Commercial Court of the Queen’s Bench Division enjoined Weyerhaeuser, a Washington company, from suing Catlin Syndicate Limited, a London-based...more

Troutman Pepper Locke

Boring Through The Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies

Troutman Pepper Locke on

Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) - On March 21, 2018, the United States District Court for the Northern District of Ohio granted a motion...more

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