Goldgerg Segalla’s Reinsurance Review – May, 2010

IN THIS MONTH'S EDITION: In a 5-3 Decision, Supreme Court Vacates Second Circuit Decision Permitting Class Arbitration Where the Arbitration Agreement Was Silent on the Issue Eleventh Circuit Confirmed that Arbitrators' Award Providing An Equitable Lien Does Not Violate the FAA Second...

Goldstein on eDiscovery in Reinsurance Arbitration Part 2

(Please visit the site to view this video) Does relying on civil e-discovery rules make arbitration more expensive? See how Mound Cotton Wollan & Greengrass partner Michael H. Goldstein answers that question in this clip, produced by HB Litigation Conferences.

Goldstein on eDiscovery in Reinsurance Arbitration Part 1

(Please visit the site to view this video) Do the new e-discovery rules in civil procedure impact reinsurance arbitrations? See how Mound Cotton Wollan & Greengrass partner Michael H. Goldstein answers that question in this clip, produced by HB Litigation Conferences.

Oregon Supreme Court Decision Upholding Two-Year Limitation May Implicate Attorney Fee Exposure in UM/UIM Claims

John Bachofner, Shareholder, Bullivant Houser Bailey PC Anyone involved in uninsured/underinsured motorist ("UM/UIM") claims should carefully review today's Oregon Supreme Court decision in Bonds v. Farmers Insurance Co. of Oregon , which involves the Two-Year Limitation provision for...

Goldgerg Segalla’s Reinsurance Review – January, 2011

IN THIS MONTH'S EDITION: Court Concludes that Arbitration Clause is Broad Enough to Cover Dispute District Court Concludes that Insurer Has Right To Intervene In Suit by Policyholder To Obtain Proceeds Of Judgment From Reinsurer District Court Granted Summary Judgment to Insurer on Rescission...

Goldberg Segalla’s Reinsurance Review – February, 2011

IN THIS MONTH'S EDITION: Circuit Court Reverses District Court and Determines that there is No Right to Injunction to Stop Arbitration Because No Showing of Irreparable Injury District Court Dismisses Case against British American Sua Sponte For Lack of Subject Matter Jurisdiction District...

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...

New Oregon Court of Appeals Decision Broadens Proof of Loss for UIM Claims

By John R. Bachofner, Shareholder, Bullivant Houser Bailey PC The Oregon Court of Appeals has issued a decision in Hall v. Speer , 2011 Ore. App. LEXIS 998 (Or. Ct. App. July 20, 2011) that substantially broadens what will be considered a satisfactory Proof of Loss for Underinsured Motorist (UIM...

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...

The Supreme Court's 2011 Class Action Decisions: Their Impact on Insurance Class Actions

By Wystan Ackerman, Partner, Robinson & Cole LLP This commentary by Wystan Ackerman analyzes the three decisions issued by the U.S. Supreme Court on class actions in 2011, with a focus on their impact on the insurance industry: Wal-Mart Stores, Inc. v. Dukes , AT&T Mobility, LLC v. Concepcion...

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...

Pillsbury Winthrop: Parties' Choice of Seat of Arbitration Key Factor in Choice of Law Decision

By Laura Thomson , Pillsbury Winthrop Shaw Pittman English Court of Appeal dismisses appeal, upholding injunction of coverage dispute in Brazilian courts because arbitration clause specifying London as the seat of arbitration trumps the policy's controlling law provision. The English Court...

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...

Common Policyholder Pitfalls When Navigating London Aviation Insurance Claims

By Dennis Cusack and Erica Villanueva Maintaining appropriate insurance is critical for the entire aviation industry. Many US-based airlines, aircraft owners/financiers, and aircraft lease servicers devote significant resources at the front end setting up their insurance programs, maintaining schedules...

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...

Important Court Decision For No-Fault Insurers; Second Circuit Court of Appeals Rejects Limitation On State Farm v. Mallela

We are pleased to inform you that our firm, together with our co-counsel Bob Stern of Stern & Montana, obtained a very favorable and significant decision for no-fault insurers on an issue of first impression at the appellate level. Specifically, on May 6, 2014, in the case of Allstate Insurance Company...

Mindful Case Management

By Dennis Cusack We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays, unbounded discovery, and often unnecessary motion practice, without...

U.S. High Court Refuses To Review Arbitration Ruling Arising From Crop Damage

WASHINGTON, D.C. — (Mealey's) The U.S. Supreme Court today rejected a nursery insured’s request to review the 11th Circuit U.S. Court of Appeals' refusal to vacate an arbitration award in favor of insurers in a coverage dispute over the insured's crop damage ( Campbell's Foliage...

December Publication for Insurance Law’s Authoritative Source! New Appleman on Insurance Law Library Edition, Volume 12 – Litigation, Arbitration and Settlement

The New Appleman on Insurance Law Library Edition will launch its new Volume 12 in December. It is devoted to litigation, arbitration and settlement of insurance coverage disputes and is written by nationally known experts in insurance coverage litigation, including Laura A. Foggan , Lorelie S. Masters...