Insurance Law

Recent Posts

Eighth Circuit Affirms Denial of Insurance Company's Motion to Compel Arbitration
Posted on 2 May 2013 by Anderson Kill

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... Read More

New Nevada Statute May Affect Enforceability of Appraisal Clause in Property Insurance Policies
Posted on 17 Dec 2013 by Andrew B. Downs

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... Read More

An American Abroad: The Divergent Worlds Of U.S. And U.K. Insurance Arbitrations
Posted on 1 Apr 2014 by Mealeys

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... Read More

UK Insurer Barred from Enforcing Mandatory Arbitration Provision in Coverage Dispute with Missouri Insured
Posted on 1 May 2013 by Seth Lamden

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... Read More

Mindful Case Management
Posted on 1 Oct 2014 by Dennis Cusack

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... Read More

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration
Posted on 5 Feb 2012 by LexisNexis Legal Business Community Staff

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... Read More

Ten Most Significant Insurance Coverage Decisions Of 2013 – Washington Supreme Court: Policy Arbitration Clauses Are Unenforceable
Posted on 3 Jan 2014 by Randy J. Maniloff

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... Read More

The New 2013 Publication Update of New Appleman Insurance Law Practice Guide Arrives in November
Posted on 18 Oct 2012 by LexisNexis Insurance Law Newsroom Staff

The 2013 Publication Update of New Appleman Insurance Law Practice Guide Features: • New Practice Commentary Throughout the Publication by Members of the Appleman Editorial Board • Revision of 10 Chapters • Case Updates Throughout... Read More

PROPERTY INSURANCE DISPUTE RESOLUTION - New Appleman on Insurance Law Library Edition, Chapter 48
Posted on 6 Sep 2011 by LexisNexis Insurance Law Newsroom Staff

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... Read More

Mandatory Provisions—Not in My State—McCarran-Ferguson, the FAA, and Reverse Preemption
Posted on 27 Jun 2011 by LexisNexis Insurance Law Newsroom Staff

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,"... Read More

Foley & Lardner: Between Mediation and Arbitration — Binding Mediation: The Third Alternative
Posted on 30 Aug 2011 by Foley & Lardner LLP

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... Read More

Foley & Lardner: Avoiding Problems With Arbitrator Disclosures: Practical Lessons From Karlseng v. Cooke
Posted on 7 Sep 2011 by Foley & Lardner LLP

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... Read More

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award
Posted on 9 Dec 2011 by Cadwalader OneWorld International Practice

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... Read More

LexisNexis® Insurance Law Community Podcast: Tim Burns on D&O Insurance Disputes and Arbitration
Posted on 5 Feb 2012 by LexisNexis Legal Business Community Staff

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... Read More

PROPERTY INSURANCE DISPUTE RESOLUTION - New Appleman on Insurance Law Library Edition, Chapter 48
Posted on 6 Sep 2011 by LexisNexis Insurance Law Newsroom Staff

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... Read More