Plaintiffs sued their insurer, Northbrook Indemnity Company, which removed the case to federal court and moved to compel arbitration. A Florida district court granted Northbrook’s motion to compel, and the dispute proceeded to arbitration.
Read More Federal Court Denies Insured’s Motion to Vacate Arbitration Award: Finds That Reinsurer Was Not Indispensable Party to Dispute, Arbitrators Had Authority to Award Attorneys’ Fees, and Manifest Disregard of the Law is No Longer Viable
Reinsurance
United States Solicitor General: The Convention Is Not Preempted by the McCarran-Ferguson Act
By Troutman Pepper Locke on
As our readers know, we have been following the developments in Louisiana Safety Association of Timbermen – Self Insured Fund v. Certain Underwriters at Lloyd’s, London, et al., No. 09 945, a case under consideration for certiorari by the U.S. Supreme Court that concerns whether Article II of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, as implemented by Chapter 2 of the Federal Arbitration Act (the “FAA”), is an “Act of Congress” subject to the anti preemption provision of the McCarran Ferguson Act, 15 U.S.C. 1011, et seq. …
Read More United States Solicitor General: The Convention Is Not Preempted by the McCarran-Ferguson Act
Join the U.S. Re Under 40s Group on October 7 at Katwalk
By Troutman Pepper Locke on
The next U.S. Re Under 40s Group event will be in New York, at Katwalk on October 7, starting at 6:00. The U.S. Under 40s Group will be hosting members of the Bermuda Under 40s Re/Insurance Group while they are in New York. It promises to be an excellent opportunity to meet our friends from Bermuda and network with other members of the U.S. Re Under 40s Group. …
Read More Join the U.S. Re Under 40s Group on October 7 at Katwalk
U.S. Supreme Court: Ratification Issue to be Determined by Judiciary, Despite Federal Policy Favoring Arbitration of Disputes
By Troutman Pepper Locke on
In Granite Rock Co. v. International Brotherhood of Teamsters et al., No. 08-1214 (2010) — the United States Supreme Court held — by a vote of seven to two — that the issue of when and whether an arbitration agreement was ratified falls within the exclusive purview of the court, and not the arbitrator, if that determination concerns whether the parties’ intent was to submit the dispute at issue to arbitration. …
Read More U.S. Supreme Court: Ratification Issue to be Determined by Judiciary, Despite Federal Policy Favoring Arbitration of Disputes
U.S. Supreme Court Rules that Court Lacks the Authority to Determine Whether an Arbitration Agreement Is Unconscionable
By Troutman Pepper Locke on
In Rent-A-Center, West, Inc., v. Antonio Jackson, the U.S. Supreme Court addressed the issue of whether, under the Federal Arbitration Act (“FAA”), a federal court has the authority to address a party’s claim that an arbitration agreement is unconscionable, where the agreement explicitly delegates that decision to the arbitrator. The Supreme Court held that courts lack the power to do so, where the party asserting unconscionability does not specifically challenge the delegation provision. …
Read More U.S. Supreme Court Rules that Court Lacks the Authority to Determine Whether an Arbitration Agreement Is Unconscionable
Massachusetts Reinsurance Bar Association to Host Annual Symposium on 9/23
By Troutman Pepper Locke on
The Massachusetts Reinsurance Bar Association will host its annual symposium on Thursday, September 23, 2010, at the Harvard Club (Back Bay) in Boston, Massachusetts. …
Read More Massachusetts Reinsurance Bar Association to Host Annual Symposium on 9/23
New York Federal Court Refuses to Appoint Umpire, Finding That Arbitration Clause Provided Sufficient Mechanism
By Troutman Pepper Locke on
A dispute arose between Certain Underwriters at Lloyd’s London and R.A. Wilson & Associates, Ltd concerning an insurance policy. After a lawsuit was filed, the court ordered the parties to proceed to arbitration based upon the insurance policy’s arbitration agreement. …
Read More New York Federal Court Refuses to Appoint Umpire, Finding That Arbitration Clause Provided Sufficient Mechanism
New York State Court Decision Raises Issues Concerning the Drafting of Arbitration Clauses
By Troutman Pepper Locke on
By Design, LLC terminated the employment of Oded Nachmani, who claimed he was wrongfully dismissed in violation of his employment contract and certain discrimination laws. …
Read More New York State Court Decision Raises Issues Concerning the Drafting of Arbitration Clauses
District Court Finds that the Federal Arbitration Act Preempts State Statute Barring Out-of-State Arbitrations
By Troutman Pepper Locke on
In Binder v. Medicine Shoppe International, Inc., No. 09-14046 (E.D.Mich. 2010), a breach of contract dispute between the plaintiff (a franchisor) and the defendant (a franchisee) arose out of a Uniform Franchise Offering Circular and subsequent License Agreement (“Agreement”). The Agreement was entered into in Michigan and provided that the parties would arbitrate any disputes regarding the Agreement in Missouri. …
Read More District Court Finds that the Federal Arbitration Act Preempts State Statute Barring Out-of-State Arbitrations
New York State Court Rules that Reinsurers Must Follow Cedent’s Settlement and Loss Allocation
By Troutman Pepper Locke on
In a recent decision of the New York Supreme Court, United States Fid. & Guar. Co. v. American Re-insurance Co., Index No. 604517/02 (N.Y. Sup. Ct. Aug. 20, 2010), the court granted summary judgment to a ceding company against the defendant reinsurers on causes of action for breach of contract and breach of the implied covenant of good faith and fair dealing arising out of the cedent’s $987.4 million payment to settle certain asbestos injury claims. …
Read More New York State Court Rules that Reinsurers Must Follow Cedent’s Settlement and Loss Allocation