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Court Declines To Reconsider Summary Judgment Decision In Latest Development In Ongoing Asbestos Liability Reinsurance Litigation
The Northern District of New York declined to reconsider a September 2018 decision on competing motions for partial summary judgment ...
United States
18 Dec 2018
Illinois Legislation Revises Laws Applicable To Captive Insurance Companies
Illinois has adopted a bill that includes a number of revisions to its laws regarding captive insurance companies.
United States
17 Dec 2018
D.C. Federal Court Permits Insured To Amend Complaint In Reinsurance Dispute Related To Credit Insurance Policy
A District of Columbia federal court partially granted and partially denied a reinsured's motion to amend its complaint in a dispute over a reinsurance agreement for a credit insurance policy.
United States
14 Dec 2018
Court Invalidates Modified Arbitration Award Because It Exceeded Panel's Authority Under The Functus Officio Doctrine
An insured and its insurer were fighting over whether the insured's settlement payment in separate litigation was a covered loss and whether there was a duty to defend in the separate litigation.
United States
16 Nov 2018
Seventh Circuit Affirms Ruling Denying Motion To Compel Arbitration, Holding That Company Waived Right To Arbitrate
GC Services Limited Partnership ("GC Services"), a debt collector hired by a bank to collect an allegedly unpaid balance on a credit card, advised plaintiff Francina Smith that it would commence a collection proceeding ...
United States
12 Nov 2018
FSOC Rescinds Prudential's Designation As Systemically Important Financial Institution
The Financial Stability Oversight Council ("FSOC") announced on October 17, 2018 that it has voted unanimously to rescind the designation of Prudential Financial Inc. ("Prudential") ...
United States
9 Nov 2018
European Reinsurers Question Whether Proposed Changes To The Credit For Reinsurance Models Would Ensure Compliance With The Covered Agreement
We have posted a number of times on the Covered Agreement between the U.S. and the E.U. concerning the reduction of collateral requirements for reinsurance provided by reinsurers domiciled in the E.U.
9 Nov 2018
Illinois Appellate Court Holds Nebraska Arbitration Act Reverse Preempts Federal Arbitration Act And Renders Arbitration Clause In Reinsurance Agreement Unenforceable
An Illinois appellate court recently affirmed a lower court decision granting summary judgment and denying defendant insurers' motion to compel arbitration where Nebraska law governed.
United States
6 Nov 2018
Fifth Circuit Affirms Dismissal Without Prejudice After Plaintiff Compelled To Arbitrate Refuses To Do So
The Fifth Circuit affirmed a dismissal without prejudice of a plaintiff's putative class action related to a multi-level marketing program selling electricity after the plaintiff refused to submit his claims...
United States
1 Nov 2018
Judge Rejects Ameriprise's Request To Vacate Arbitration Award, But Reverses Award Of Attorney's Fees
Ameriprise sought vacatur of the award under grounds set forth in the FAA, namely fraud, evident partiality, arbitrator misconduct, and exceeding of powers.
United States
30 Oct 2018
Uber Drivers' Class Action Thrown Into Reverse: Ninth Circuit Overturns Class Certification Order And Denial Of Uber's Motion To Compel Arbitration
A putative class action against Uber filed by some of the company's California-based drivers has crashed.
United States
24 Oct 2018
Years-Long Asbestos Reinsurance Battle Continues For Utica And Century, Including Whether Century Must Follow The Fortunes Of Utica's Allocation Of Losses
In 2013, Utica Mutual Insurance Company filed a complaint alleging that Century Indemnity Company (1) breached two reinsurance certificates executed between the parties covering the years 1973 and 1975...
United States
24 Oct 2018
Florida Federal Court Confirms Arbitration Award, Finding Defendants Did Not Meet "Heavy Burden" To Vacate The Award
The background of this case can be found here. Floridians for Solar Choice, Inc. ("FSC"), is a Florida not-for-profit corporation ...
United States
19 Oct 2018
English Court Holds That Discovery Given By U.S. Citizen Pursuant To A 28 U.S.C. § 1782 Order Can Be Used In London Arbitrations
This English court case involved arguments by Dreymoor Fertilisers Overseas Pte. Ltd. ("Dreymoor"), a Singapore trading company, to prevent EuroChem Trading GmbH ...
United States
17 Oct 2018
Ninth Circuit Finds Foreign Bank Did Not Waive Personal Jurisdiction By Litigating Other Defenses And Counterclaims In A Related Matter
The Ninth Circuit recently reversed a California District Court's finding of personal jurisdiction against a foreign bank, and found it did not waive appeal on that issue by asserting defenses.
United States
16 Oct 2018
Texas Department Of Insurance Proposes Rule Changes Regarding Captive Insurance
The Texas Department of Insurance has proposed a set of amendments to its regulations concerning captive insurance in order to implement changes passed into law by the Texas legislature in 2015 and 2017.
United States
12 Oct 2018
Second Circuit Partially Vacates Summary Judgment Ruling In Asbestos Risk Reinsurance Case
The Second Circuit has partially vacated summary judgment rulings in a case involving the reinsurance of asbestos-related risks. The case involves Utica Mutual Insurance Company .
United States
9 Oct 2018
Rhode Island Makes Technical Changes To Its Credit For Reinsurance Regulation
Rhode Island adopted the NAIC Credit for Reinsurance Model Regulation in 2014.
United States
8 Oct 2018
As Students Return to School, Regulators Continue Their Study of the NAIC's Suitability in Annuity
At the 2018 NAIC Summer National Meeting, regulators continued their efforts to define the standard of care that applies to recommendations.
United States
7 Oct 2018
Reinsurer's Summary Judgment Upheld On Motion For Rehearing
Capitol Life Insurance Co. moved the Court of Appeals for the Fifth District of Texas for rehearing of the court's prior affirmance of summary judgment against Capitol in favor of MetLife Insurance Company USA...
United States
5 Oct 2018
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