Preview: LexisNexis® Mealey's™ Reinsurance Legal News
LexisNexis® Mealey's™ Reinsurance Legal News
Headline Reinsurance Legal News from LexisNexis®
Judge: Borrowers Sued Bank Over Alleged Reinsurance Kickbacks Too Late
PITTSBURGH - A federal judge in Pennsylvania granted summary judgment to Bank of America on Nov. 22, holding that the statute of limitations had passed before a group of mortgage borrowers sued the bank for alleged mortgage insurance reinsurance kickbacks (William Weiss, et al. v. Bank of America Corporation, et al., No. 15-cv-00062, W.D. Pa.; 2016 U.S. Dist. LEXIS 161665).
Reinsurer Wants Agreement Terminated And International Arbitration Stayed
NEW YORK - A German reinsurer argues in a Nov. 22 amended complaint in a federal court in New York that a reinsurance agreement should be rescinded over the alleged lack of mutual assent regarding the underlying insurance policy (HDI Global SE v. Lexington Insurance Company, No. 16-cv-07241, S.D. N.Y.).
Reinsurer Says It May Need To Depose 20 Current And Former Insurance Employees
SYRACUSE, N.Y. - A reinsurer asked a federal court in New York on Nov. 28 to intervene in a number of discovery disputes with an insurer, notably asking that the court allow it to depose up to 20 current and former employees and agents of the insurer (Utica Mutual Insurance Company v. R&Q Reinsurance Company, No. 15-cv-00270, N.D. N.Y.).
Reinsurer Says Court Lacks Jurisdiction To Hear Breach Of Contract Case
SAN FRANCISCO - A reinsurer tells a federal court on California in a Nov. 15 motion that the court should dismiss a case brought by a reinsured because, among other reasons, the reinsurer filed a similar suit against the reinsured in another federal court two months before the instant suit was brought (The American Insurance Co. v. R&Q Reinsurance Co., No. 16-3044, N.D. Calif.).
Ex Parte Communications in Arbitration and Their Consequences
By Robert M. Hall I. Introduction Arbitration panels commonly adopt rules pertaining to ex parte communications concerning: (a) the time periods within which counsel may communicate with their party arbitrators; (b) counsel copying opposing counsel and party arbitrators on communications with the umpire; (c) party arbitrators copying the opposing party arbitrator on communications with the umpire; and (d) the umpire copying both party arbitrators on internal panel communications and both counsel and both party arbitrators on external communications. A common version of such rules has been codified in the ARIAS Code of Conduct, Cannon V. Notwithstanding some recent, well-publicized cases involving ex parte communications, the consequences of such communications are not well understood. The purpose of this article is to explore selected case law dealing with the consequences of ex parte communications.
Judge Denies Petition To Vacate Arbitration Award, Grants Confirmation
NEW YORK - A federal judge in New York on Nov. 10 denied an insurer's petition to vacate a reinsurance arbitration award and granted a reinsurer's cross-petition to confirm the award, holding that the court could review only whether the arbitrators had done their job and not whether their interpretation of a reinsurance agreement was correct (Yosemite Insurance Company v. Nationwide Insurance Company, No. 16-cv-05290, S.D. N.Y.; 2016 U.S. Dist. LEXIS 157061).
Judge Orders Judgment Debtors To Pay Money Owed Under Reinsurance Agreement
NEW YORK - A federal judge in New York on Nov. 3 ordered judgment debtors to pay a $7.8 million reinsurance arbitration award that had previously been confirmed in a related case (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc. on behalf of its protected cell Pac Re 5-AT v. Safebuilt Insurance Services Inc., No. 16-cv-06033, S.D. N.Y.; 2016 U.S. Dist. LEXIS 153399).
Reinsured Asks Court To Compel Reinsurer To Arbitrate Dispute
NEW YORK - An insurer representing itself and its affiliates petitioned a federal court in New York on Nov. 14 for an order compelling a reinsurer to arbitrate a $3.8 million dispute that the insurer insists is between it and the reinsurer and does not involve a pool of other parties as the reinsurer allegedly claims (In the Matter of the Arbitration Between National Union Fire Insurance Company of Pittsburgh, PA v. Federal Insurance Company, No. 16-cv-08821, S.D. N.Y.).
Reinsured Says Reinsurer Should Return Money Paid Under Now-Vacated Award
DETROIT - A group of insurers asked a federal court in Michigan on Oct. 17 to order a reinsurer to return more than $3.5 million that was paid in accordance with an arbitration award that a federal appeals court has ordered to be vacated (Star Insurance Company, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 14-cv-12915, E.D. Mich.).
Insurer: Reinsurer Knew Performance Under Agreement Was Connected To California
SAN FRANCISCO - Following the dismissal of a suit for lack of jurisdiction, an insurer filed an amended complaint against its reinsurer in a federal court in California on Nov. 2, making a point of noting the state's connection with the underlying reinsurance agreements (The American Insurance Co. v. R&Q Reinsurance Co., No. 16-3044, N.D. Calif.).
Liquidator Asks For OK To Have Reinsurer Make Direct Payments To Insured
HARRISBURG, Pa. - The liquidator of an insolvent insurer asked a Pennsylvania court on Nov. 3 to approve a plan by which a reinsurer will make direct payments of workers' compensation and employers' liability claims to an insured, thus relieving the insolvent insurer of its obligations to the insured (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).
Panel: It Is Up To Arbitrators To Decide If Reinsurance Row Is Arbitrable
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Oct. 25 vacated a lower court ruling that a reinsurance arbitration clause was unenforceable (S. Jersey Sanitation Company, Inc. v. Applied Underwriters Captive Risk Assurance Company, Inc., No. 14-4010, 3rd Cir.; 2016 U.S. App. LEXIS 19245).
Judge Gives Insurers OK To Depose Individuals Regarding Jurisdiction
ATLANTA - A federal judge in Georgia on Oct. 21 granted a pair of insurers' motion to depose certain people to determine if their alleged actions regarding a reinsurer fall under the jurisdiction of the Georgia federal court (Canal Insurance Company, et al. v. Golden Isles Reinsurance Company, Ltd, et al., No. 15-cv-3331, N.D. Ga.).
Insurer Asks Court To Deny Motion To Compel Discovery Brought By Reinsurer
NEW HAVEN, Conn. - An insurer told a federal court in Connecticut on Oct. 31 that its reinsurer's motion to compel discovery should fail because the deadline for seeking discovery has passed and the material sought is privileged (Travelers Casualty and Surety Company, f/k/a The Aetna Casualty and Surety Company v. Century Indemnity Company as successor to Insurance Company of North America, No. 16-cv-00170, D. Conn.).
Reinsured Says Loss Expense Should Not Have Been Capped By Lower Court
NEW YORK - An insurer argues in an Oct. 26 brief in the Second Circuit U.S. Court of Appeals that a lower court erred when it did not allow the insurer to present extrinsic evidence that would allegedly show that industry custom mandates that a reinsurer's obligations to pay its reinsured's underlying expenses should not be capped (Utica Mutual Insurance Company v. Clearwater Insurance Company, No. 16-cv-2824, 2nd Cir.).
Reinsurer Says Jurisdiction Issues Should Not Be Raised In Answer
CHICAGO - A reinsurer told a federal court in Illinois on Oct. 28 that its reinsured's challenge to the court's jurisdiction voiced in an answer to an amended complaint is not proper because the court has already ruled against the reinsured's motion to transfer the case (R&Q Reinsurance Company v. The American Insurance Company, No. 16-cv-04199, N.D. Ill.).