Archives: Compel Arbitration

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Collateral Effect of US-EU Covered Agreement on Reinsurance Disputes

With the signing of the Bilateral Agreement on Prudential Insurance and Reinsurance Measures (the “Covered Agreement“), the EU and US have embarked on a five-year road towards cooperation on insurance and reinsurance competition, supervision and regulation.  While the main purpose of the Covered Agreement was leveling the playing field for international reinsurers and agreeing on cooperation and information … Continue Reading

Precluded By Issue Preclusion From Enforcing Reinsurance Arbitration Clause

In a recent state court appellate decision on a reinsurance collections dispute, the court affirmed a lower court order denying a motion to compel arbitration based on the collateral estoppel or issue preclusion effect of a prior decision. Collateral estoppel or issue preclusion may be used offensively or defensively. It is a civil procedure doctrine … Continue Reading

March 2017 Reinsurance Newsletter

This quarter’s Squire Patton Boggs Reinsurance Newsletter focuses on the certified question sent to the New York Court of Appeals by the Second Circuit on Bellefonte. It also features regulatory updates on the US-EU Covered Agreement as it affects reinsurance and on the new duty to pay insurance and reinsurance claims in the UK. Finally, … Continue Reading

The Interplay Between Subrogation, Arbitration and Insurance Insolvency

When an insurance company pays a loss on a claim, the insurance company often exercises its equitable right of subrogation to stand in the shoes of the insured and seek compensation from a third-party alleged to have caused the loss. In the property context, there may be an underlying contract that requires arbitration between the insured … Continue Reading

The Dangers of Selecting an Exclusive Arbitral Forum

Arbitration clauses in commercial contracts often specify an arbitral forum before which any dispute must be arbitrated. Insurance and reinsurance contracts containing arbitration clauses are no different. Specificity about the arbitral forum (or the arbitral rules or the appointing authority in case of an impasse) in an arbitration clause has resulted in much case law over the … Continue Reading

Squire Patton Boggs Reinsurance Newsletter September 2016

The September 2016 edition of the Squire Patton Boggs Reinsurance Newsletter is out! In this issue, we cover the 6th Circuit’s decision on ex parte communications that resulted in an arbitration award being vacated. We also cover a Massachusetts federal court’s rejection of a pre-award challenge to an arbitrator and an Arizona federal court’s granting … Continue Reading

When a Reinsurance Contract Is an Insurance Contract

You know the old saying: if it walks like a duck and quacks like a duck it must be a duck! So when a contract is called a Facultative Reinsurance Agreement is it a reinsurance contract or an insurance contract? Recently a Missouri appellate court addressed this issue to determine an appeal of the denial … Continue Reading

Resolving Competing Arbitration Clauses

A typical reinsurance contract has one arbitration clause. But sometimes, the contract is endorsed and a second and different arbitration clause may appear. Which controls? That was the question faced recently in a Hurricane Sandy reinsurance dispute when a facultative certificate of reinsurance had an arbitration clause in its body at Section U, but had … Continue Reading

Arbitration Means Arbitration Even If It Is About Arbitration

No one should doubt that the federal policy in favor of arbitration is broad and deep. It is evident in how difficult it is to vacate an arbitration award or avoid having to arbitrate a dispute where there is a broad arbitration provision. A recent case makes this even clearer.… Continue Reading

Second Circuit Closes an Open Question: Grant of Motion to Compel Arbitration Requires Stay Not Dismissal

Sometimes when a reinsurance dispute arises one of the parties may decide to file a complaint in court rather than demand arbitration. This may happen in spite of an arbitration clause in the reinsurance contract. Perhaps one of the parties was not a signatory to the arbitration agreement. Or perhaps one or more of the … Continue Reading
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