My latest IRMI.com Expert Commentary – Reinsurance is on the theory of reinsurance. You can read it here. I hope you enjoy it and find it useful.
Tag: Reinsurance
Tortious Interference Claim Dismissed Again
With the proliferation of runoff companies, which either take over distressed reinsurers or absorb legacy reinsurance obligations, comes claims by insureds and cedents against those companies and their affiliated administrators for various alleged offenses. For example, claims of tortious interference with contract have been brought against a number of runoff entities and their affiliates.
But claims of tortious interference are very difficult to sustain. In a recent case, an Illinois federal court dismissed tortious interference claims for the second time.
Continue reading “Tortious Interference Claim Dismissed Again”Using US Federal Courts to Aide in Non-US Arbitrations Dealt a Death Blow By the US Supreme Court
While it did not happen often, there have been occasions where insurance and reinsurance disputes outside the US looked to the US federal court to assist in discovery of documents or depositions in the US to aide the non-US arbitration. While the federal circuits were split, several circuits permitted the district courts to aide in the non-US arbitration.
In June 2022, the US Supreme Court addressed the issue of whether a non-US arbitration was a proceeding in a foreign or international tribunal so that the district court could aide in that proceeding under 28 U. S. C. §1782(a). Many articles and blog posts have been written about this case and I do not intend to get into the technical details of 1782(a) or the various arguments presented. I do, however, discuss below the ramifications for insurance and reinsurance arbitrations.
Continue reading “Using US Federal Courts to Aide in Non-US Arbitrations Dealt a Death Blow By the US Supreme Court”Climate Change and Reinsurance
In my latest IRMI.com Expert Commentary-Reinsurance, I discuss the important issue of climate change and its effect on reinsurance. You can read the commentary here.
Prior Arbitration Precludes Law Suit Ruling Upheld on Appeal
Back on May 27, 2021, I wrote about a collateralized reinsurance dispute where the reinsurer sued the cedent in New York state court claiming that provisions of a trust agreement relieved the reinsurer of any further liability to the cedent. See Reinsurer’s Claims Precluded By Prior Arbitration Award. The motion court granted the cedent’s motion to dismiss the complaint and now that decision has been affirmed on appeal.
Continue reading “Prior Arbitration Precludes Law Suit Ruling Upheld on Appeal”