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Mealey's Reinsurance

  • October 9, 2018

    COMMENTARY: An Update: Should Follow The Settlements Be Implied Into Reinsurance Contracts?

    By Robert M. Hall

  • October 18, 2018

    Reinsurer: Insurer Does Not Oppose Petition To Confirm Arbitration Award

    NEW YORK — A reinsurer tells a New York federal court in a Sept. 11 letter that an insurer is not opposing its petition to confirm an arbitration award in a dispute over denied billings in a retrocessional reinsurance relationship (Continental Insurance Co. v. AXA Versicherung AG, No. 18-7349, S.D. N.Y.).

  • October 17, 2018

    Pennsylvania High Court Denies Review Of Expenses Under Reinsurance Certificates

    HARRISBURG, Pa. — The Pennsylvania Supreme Court on Oct. 15 declined to review a lower court’s ruling that reinsurance facultative certificates covered defense expenses in excess of a liability cap and that insurers were entitled to interest on certain proofs of loss for asbestos claims issued before 2013 (Century Indemnity Co. v. OneBeacon Insurance Co., No. 68 EM 2018, Pa. Sup., 2018 Pa. LEXIS 5398).

  • October 16, 2018

    Judge Closes Insolvent Insurer’s Receiver Case Over Actuary Services Failure

    OKLAHOMA CITY — An Oklahoma federal judge on Oct. 12 administratively closed a dispute between an insolvent insurer’s receiver and an actuary services provider over allegations for failure to properly investigate and accurately report on the insurer’s financial standing and reinsurance contracts (Oklahoma ex rel., John D. Doak v. CTK Actuarial Services Inc., No. 17-371, W.D. Okla.).

  • October 15, 2018

    Insurer Tells Federal Court Reinsurer Failed To Show Late Notice Defense

    NEW YORK — In a New York federal reinsurance coverage dispute for a trucking accident, a ceding insurer argues in an Oct. 11 partial summary judgment and opposition motion that a reinsurer failed to establish a late notice defense as well as prejudice (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).

  • October 12, 2018

    Reconsideration Sought By Reinsurer On Collateral Estoppel, Standing Issues

    UTICA, N.Y. — In a dispute with an insurer over settlements of asbestos claims, a reinsurer in an Oct. 10 motion seeks reconsideration of a New York federal judge’s ruling because controlling evidence on the collateral estoppel issue and controlling decisions on the standing issue were overlooked (Utica Mutual Insurance Co. v. Century Indemnity Co., No. 13-995, N.D. N.Y.).

  • October 12, 2018

    Insurer Seeks Rehearing On 2nd Circuit’s Ruling On Reinsurer’s Liability

    NEW YORK — An insurer in an Oct. 9 petition asks for a rehearing of the Second Circuit U.S. Court of Appeals’ ruling that a reinsurer’s liability is expense‐supplemental because the reinsurer’s obligations under reinsurance contracts follow the insurer’s expense‐supplemental obligations under umbrella policies (Utica Mutual Insurance Co. v. Clearwater Insurance Co., Nos. 16-2535 & 16-2824, 2nd Cir.).

  • October 12, 2018

    Reinsurers Give Notice Of Appeal In RICO Dispute Over Car Dealer’s Estate

    EL PASO, Texas — A Texas federal judge’s dismissal of a federal civil Racketeer Influenced and Corrupt Organizations Act claim from a lawsuit concerning a deceased car dealer’s estate is being appealed, according to an Oct. 9 notice given by two offshore reinsurers and their owner (Richard C. Poe II, et al. v. Anthony E. Bock, et al., No. 17-00232, W.D. Texas).

  • October 11, 2018

    Insurer Denies Contractual Indemnification Allegations Asserted By Bank

    COLUMBIA, S.C. — In an Oct. 1 brief in South Carolina federal court, an insurer denies allegations asserted in a contractual indemnification counterclaim by a bank being sued for its role as trustee of a reinsurance trust for an insolvent insurer (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).

  • October 11, 2018

    Judge Grants Reinsurer’s Claim For Interpleader In Case Over Periodic Payments

    MILWAUKEE — In a dispute over periodic payments, a Wisconsin federal judge on Sept. 26 granted a reinsurer’s claim for interpleader and awarded $4,000 to the reinsurer in attorney fees (American General Life Insurance Co. v. Amanda Hebard, et al., No. 18-654, E.D. Wis.).

  • October 8, 2018

    Reinsurance Intermediaries Seek Document Production In Negligence Lawsuit

    OKLAHOMA CITY — Reinsurance intermediaries in a Sept. 26 motion ask that an Oklahoma federal court compel an insolvent insurer’s receiver to produce a settlement agreement regarding an underlying action as it relates to the receiver’s lawsuit alleging negligence in reinsurance services provided to the insurer (Oklahoma, et al. v. Axiom Re LP, et al., No. 17-0484, W.D. Okla.).

  • October 8, 2018

    Reinsurers Seek Confirmation Of Arbitration Award For Sexual Molestation Claims

    BOSTON — Underwriters subscribing to reinsurance contracts in an Oct. 1 petition request that a Massachusetts federal court confirm an arbitration award regarding sexual molestation losses asserted against a reinsured’s policyholder, Boy Scouts of America (BSA) (Certain Underwriters at Lloyd’s London v. Century Indemnity Co., No. 18-12041, D. Mass.).

  • October 4, 2018

    Insurer: Jurisdiction Exists To Hear Breach Of Contract Case Against Reinsurer

    MIAMI — In a Sept 27 opposition to an excess reinsurer’s motion to dismiss, an international health insurer argues that a Florida federal court has subject matter jurisdiction over the insurer’s breach of contract lawsuit (VIP Universal Medical Insurance Group Ltd. v. BF&M Life Insurance Company Ltd., et al., No. 17-24633, S.D. Fla.).

  • October 4, 2018

    Plaintiff: No Ruling On Merits Of Breach Of Contract Case Against Reinsurers

    WASHINGTON, D.C. — In seeking leave to file an amended complaint to recover a $26 million arbitration award, a financial services company argues in a Sept. 17 reply brief that a District of Columbia federal judge did not previously issue a decision on the merits of its case because the judge held only that he lacked personal jurisdiction over reinsurers (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C.).

  • October 4, 2018

    Reinsurer, Insurer Agree To Discovery Plan In Breach Of Contract Case

    DETROIT — In a breach of contract dispute over coverage for asbestos claims, a reinsurer and insurer on Sept. 14 submitted to a Michigan federal court their agreed-upon discovery plan (Amerisure Mutual Insurance Co. v. Transatlantic Reinsurance Co., No. 18-11966, E.D. Mich.).

  • September 24, 2018

    COMMENTARY: Authority Of An Arbitration Panel To Order Confidentiality And A Hold Harmless

    By Debra J. Hall and Robert M. Hall

  • October 4, 2018

    Reinsurer Seeks Judgment On Late Notice Issue In Trucking Accident Case

    NEW YORK — In a Sept. 13 motion for summary judgment, a reinsurer argues to a New York federal court that its cedent breached the reinsurance contract by failing to timely notify the reinsurer of an underlying dispute involving a trucking accident (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).

  • October 4, 2018

    Reinsurer, Insurer Settle New York Federal Case Over Asbestos Claims

    SYRACUSE, N.Y. — A reinsurer and insurer have settled their dispute over coverage for underlying asbestos claims, according to a New York federal judge’s Sept. 18 order (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-270, N.D. N.Y.).

  • October 2, 2018

    U.S. High Court Denies Petitions In Reinsurance Participation Agreement Suit

    WASHINGTON, D.C. — In breach of contract disputes over reinsurance participation agreements (RPA), the U.S. Supreme Court on Oct. 1 denied petitions asking whether a choice-of-law clause imports “state substantive law without importing state rules impairing arbitration” or whether the clause incorporates “both state substantive law and state arbitration principles” (Applied Underwriters Captive Risk Assurance Company Inc. v. Citizens of Humanity, et al., No. 18-174; Applied Underwriters Inc., et al. v. Citizens of Humanity, et al., No. 18-175, U.S. Sup.).

  • October 1, 2018

    Reinsurance Underwriters Ask For Contract To Be Declared Void Ab Initio

    BALTIMORE — In a Sept. 26 complaint filed in a Maryland federal court, underwriters subscribing to a facultative reinsurance certificate seek a declaration that a reinsurance contract is void ab initio based on insurers’ failure to disclose certain information in their application (Certain Interested Underwriters at Lloyd’s London, subscribing to the facultative reinsurance certificate 2017100003409 v. American Casualty Company of Reading, Pa., et al., No. 18-02972, D. Md.).