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The Supreme Court has handed down its decision in Sienkiewicz v Greif. The UK’s highest appeal court was reviewing the application of the “Fairchild exception” to single rather than multiple exposure cases. We reported on the Court of Appeal decision here. …
Read More UK: Sienkiewicz: Another Decision About the UK’s “Special” Mesothelioma Jurisprudence

Masefield AG v Amlin Corporate Member [2011] EWCA Civ 24 concerned an appeal brought by Masefield against the High Court’s finding (previously reported in our June 2010 issue, which report also includes full facts of the case) that the capture of Masefield’s biodiesel on board the Bunga Melati Dua was not an ‘actual total loss’ under section 57 of the Marine Insurance Act 1906. …
Read More Court of Appeal: Capture of Ship and its Cargo by Somali Pirates Seeking Payment of Ransom Does Not Constitute “Actual Total Loss”

In Guangzhou Dockyards Co Ltd v ENE Aegialii [2010] EWHC 2826 (Comm), the High Court recently upheld the well-established principle that under English law, appeals against arbitral awards cannot be made on issues of fact. The case did, however, present the novel argument that it would be permissible to bring such an appeal either under the Arbitration Act 1996 (the Act) or under the inherent jurisdiction of the court where there was an agreement between the parties that an appeal could be made on “any issue arising out of any award”. …
Read More The Decision is Final: English High Court Rules That There Can Be No Appeal Against Arbitration Awards on Issues of Fact

The U.S. Court of Appeals for the Seventh Circuit recently issued a unanimous opinion in reversing a decision of the U.S. District Court for the Northern District of Illinois to hold that a party-appointed arbitrator’s involvement in an earlier arbitration between the same parties did not disqualify him or render him incapable of serving in a subsequent arbitration involving related issues. …
Read More Seventh Circuit Reverses Decision that Disqualified Reinsurance Arbitrator Based on Service in Related Arbitration

It is not uncommon for ceding companies and their reinsurers to become embroiled in disputes on the manner in which a claim or settlement payment is allocated, whether a loss falls within the scope of coverage provided by the reinsurance contract, or whether a cedent’s claims-related decisions were reasonable and made in good faith. …
Read More Follow the Fortunes: Decisions and Trends in 2010

As previously reported here, Senior United States District Judge Roger Vinson of the United States District Court for the Northern District of Florida declared the Patient Protection and Affordable Care Act (“PPACA”) void in a summary judgment decision in the case of State of Florida, et al. v. United States Department of Health and Human Services, et al. …
Read More Federal Government Appeals Florida Case Deeming PPACA Unconstitutional

The New York State Insurance Department (NYID) recently promulgated a Tenth Amendment to New York Regulations 17, 20 and 20-A (11 NYCRR 125) (the Amendment), effective January 1, 2011, which authorizes the NYID Superintendent (the Superintendent) to reduce the amount of collateral required for domestic insurers to receive full financial statement credit for reinsurance ceded to unauthorized reinsurers satisfying the requirements detailed below. …
Read More New York Amends Credit for Reinsurance Regulation, Relaxing Unauthorized Reinsurer Collateral Requirements

Edwards Angell Palmer & Dodge’s Insurance and Reinsurance Department recently published its latest Newsletter, Insurance & Reinsurance Review – March 2011, which contains nine articles about various topics in the insurance and reinsurance industry. …
Read More Insurance & Reinsurance Review – March 2011