Retrocessionaire Given the Green Light to Pursue Equitable Subrogation Claim Against Law Firm

Photo by Waly Seck on Pexels.com

A retrocessionaire is two steps away from the policy issuing company and the insured so it is a pretty rare day when a retrocessionaire is allowed to pursue a recovery against a law firm that defended an underlying personal injury claim that went south.

Continue reading “Retrocessionaire Given the Green Light to Pursue Equitable Subrogation Claim Against Law Firm”

Participation In Early Stages of Arbitration Dooms Petition to Stay Arbitration

Photo by Yan Krukau on Pexels.com

When a party receives and arbitration demand and there is a dispute about whether there is an agreement to arbitrate between the parties, participating in the early stages of the arbitration may be problematic for a subsequent effort to dispute arbitrability. This issue can arise when there has been an assignment or transfer of a reinsurance agreement or the right to the reinsurance receivables to an assignee who seeks to arbitrate against the original counterparty. In a recent case, a New York state court had to address these issues.

Continue reading “Participation In Early Stages of Arbitration Dooms Petition to Stay Arbitration”