California federal court addressing an issue of the first impression holds that tort liability for breach of the implied covenant of good faith and fair dealing was not a valid cause of action under California law in a reinsurance dispute. A typical reinsurance dispute is essentially a breach of a contract dispute. A reinsurance agreement is a contract between two insurance … [Read more...] about No Tort Liability in Reinsurance Contract Dispute Under California Law
Case Law
Arbitration Prevails in Coverage Dispute
Court compels arbitration finding issue of arbitrability was delegated to the arbitrators as well as sorting out procedural differences between the arbitration provisions. https://www.inredisputesblog.com/2020/06/arbitration-prevails-in-coverage-dispute/ … [Read more...] about Arbitration Prevails in Coverage Dispute
Using a Letter Agreement to Strengthen the Confidentiality of Settlement Negotiations
Letter agreements are usually confidential. As a result, there is a dearth of practical guidance on when, and how, to use them. Porter Wright Morris & Arthur LLP helps fill that gap. Your settlement negotiation checklist should include this entry: “whether, and how, to use a letter agreement.” A letter agreement—if well-drafted—can … [Read more...] about Using a Letter Agreement to Strengthen the Confidentiality of Settlement Negotiations
Assessing USF&G’s ‘Objective Reasonableness’ Standard
Let’s take a look at the impact of one of the reinsurance industry’s most talked about and scrutinized case dealing with post-settlement allocations. http://airrocupdate.wpengine.com/wp-content/uploads/2020/05/ARIAS-Q1-Final-1.pdf This article was first published in the ARIAS-U.S. Quarterly, Q1 2020. … [Read more...] about Assessing USF&G’s ‘Objective Reasonableness’ Standard
Second Circuit Says Cedent Cannot Use the “Follow-the-Settlements” Doctrine to Circumvent Plain, Unambiguous Policy Provision
Second Circuit holds that the “follow-the-settlements” doctrine does not bind a reinsurer to settlement decisions that are inconsistent with the plain, unambiguous terms of the reinsured policy. https://www.whiteandwilliams.com/resources-alerts-Second-Circuit-Says-Cedent-Cannot-Use-the-Follow-the-Settlements-Doctrine-to-Circumvent-Plain-Unambiguous-Policy-Provision.html … [Read more...] about Second Circuit Says Cedent Cannot Use the “Follow-the-Settlements” Doctrine to Circumvent Plain, Unambiguous Policy Provision
Arbitrators to Decide If Reinsurance Rebilling After Final Arbitration Award Is Precluded
Federal District Court in Massachusetts holds that the preclusive effect of a prior arbitration award is itself an arbitrable issue. Read full article here - https://www.inredisputesblog.com/2020/03/arbitrators-to-decide-if-reinsurance-rebilling-after-final-arbitration-award-is-precluded/ … [Read more...] about Arbitrators to Decide If Reinsurance Rebilling After Final Arbitration Award Is Precluded
Final Award Confirmed Over Interim Final Award in Reinsurance Dispute
Court rules that the Final Award is the Final Award and rejects reinsurer’s argument that the arbitration panel was functus officio after it issued the Interim Final Award. Read full article here - https://www.inredisputesblog.com/2020/04/final-award-confirmed-over-interim-final-award-in-reinsurance-dispute/ … [Read more...] about Final Award Confirmed Over Interim Final Award in Reinsurance Dispute
Who Demands Arbitration Is Key to Whether Arbitration Will be Compelled
Complex corporate structures and internal reinsurance relationships can complicate legacy reinsurance relationships. Larry Schiffer summarizes a recent SDNY case that dealt with one such complication in compelling arbitration. Read full article here - https://www.inredisputesblog.com/2020/02/who-demands-arbitration-is-key-to-whether-arbitration-will-be-compelled/ … [Read more...] about Who Demands Arbitration Is Key to Whether Arbitration Will be Compelled
It’s Not Over … Until The Panel Sings
Locke Lord highlights recent decision on ability of arbitration panel to retain jurisdiction to resolve any dispute arising out of an arbitration award. Continue reading here - https://www.jdsupra.com/legalnews/it-s-not-over-until-the-panel-sings-41283/ … [Read more...] about It’s Not Over … Until The Panel Sings
Is Reinsurance Information Relevant In an Insurance Coverage Case?
Larry Schiffer of Squire Patton Boggs blogs about noteworthy decision on discovery of reinsurance information in lawsuit against National Football League. There are lots of cases discussing the production of reinsurance contracts and reinsurance communications in insurance coverage disputes. Generally, the answer depends on the specific facts of the case. … [Read more...] about Is Reinsurance Information Relevant In an Insurance Coverage Case?
The Edges of Follow the Fortunes
Ask two reinsurance experts to define the parameters and limitations of Follow the Fortunes (“FTF”) and you will, undoubtedly, receive two different responses. Provide these experts with a fact pattern and ask whether FTF applies, and you are still likely to receive inconsistent answers. It hardly matters whether the experts have more experience on the ceded or … [Read more...] about The Edges of Follow the Fortunes