Mandatory Provisions—Not in My State—McCarran-Ferguson, the FAA, and Reverse Preemption

By John E. James and Michael B. Rush, Attorneys, Potter Anderson & Corroon LLP In their article appearing in the May/June 2011 issue of Coverage , "Mandatory Provisions-Not in My State-McCarran-Ferguson, the FAA, and Reverse Preemption," John E. James and Michael B. Rush examine how...

Foley & Lardner: Between Mediation and Arbitration — Binding Mediation: The Third Alternative

By Robert C. (Bob) Leventhal , Partner, Foley & Lardner LLP The vast majority of reinsurance disputes are decided by alternative dispute resolution methods. Binding arbitration is the most widely used method. Recently there has been increased interest in mediation. There is, however, a third...

PROPERTY INSURANCE DISPUTE RESOLUTION - New Appleman on Insurance Law Library Edition, Chapter 48

By Lon A. Berk and Michael S. Levine Chapter 48 provides a discussion of dispute resolution principles under first-party insurance contracts with a particular emphasis on the appraisal valuation process. Section 48.01 discusses generally the first-party recovery process and provides an overview of...

Foley & Lardner: Avoiding Problems With Arbitrator Disclosures: Practical Lessons From Karlseng v. Cooke

By Eric Haab , Partner, Foley & Lardner LLP For many decades, the reinsurance marketplace has adopted arbitration as the preferred mode of dispute resolution. The expressed goals of arbitration are familiar - timely and efficient resolution of disputes by a panel of experts familiar with the intricacies...

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award

By Louis M. Solomon, Partner, Cadwalader, Wickersham & Taft LLP Harper Ins. Ltd. v. Century Indemnity Co. , 10 Civ. 7866 (S.D.N.Y. July 2011)(NRB) (Free Download), addresses cross-petitions to vacate and confirm an arbitral award. The case addresses several typical issues arising in such proceedings...

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration

On this edition, Timothy Burns of Perkins Coie LLP discusses D&O policies and arbitration, consolidation issues and multiple insurers, the rise in disputes over defense costs and special issues involving excess insurers and consent. Mr. Burns is the author of the Directors and Officers Insurance...

UK Insurer Barred from Enforcing Mandatory Arbitration Provision in Coverage Dispute with Missouri Insured

by Seth Lamden , Partner, Neal, Gerber & Eisenberg LLP In Union Electric Co. v. AEGIS Energy Syndicate 1225 , No. 12-3546 (8th Cir. April 19, 2013) [ enhanced version available to lexis.com subscribers ], the court held that a UK insurer was precluded from enforcing a mandatory arbitration provision...

Eighth Circuit Affirms Denial of Insurance Company's Motion to Compel Arbitration

On April 19, the Eighth Circuit affirmed the United States District Court for the Eastern District of Missouri's September 4, 2012 decision in Union Electric Company v. Aegis Energy Syndicate 1225 , holding that a policyholder could avoid arbitration based on an Endorsement that conflicted with a...

New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies

A growing trend is the imposition of statutory and regulatory limitation on arbitration clauses. To some degree this is a reaction by some jurisdictions to the strongly pro-arbitration position taken by the United States Supreme Court in recent years. Nevada has now followed the anti-arbitration trend...

Ten Most Significant Insurance Coverage Decisions Of 2013 – Washington Supreme Court: Policy Arbitration Clauses Are Unenforceable

Insurers See Red – Insureds See Delicious W.C. Fields once famously quipped: “All things considered, I’d rather be in arbitration.” Insurance policies sometimes contain clauses requiring that any dispute under the policy be resolved by arbitration. Given the complexity and...

An American Abroad: The Divergent Worlds Of U.S. And U.K. Insurance Arbitrations

By Rita Davis, Allan B. Moore, Joanna Page, Stephen Moriarty, QC, and Thomas R. Newman I. INTRODUCTION Rooted in common beginnings, the American and United Kingdom legal systems are cousins with many similarities. As with most relatives perched on opposing branches of a family tree, however...