Tag Archives: issue preclusion

Arbitrators to Decide If Reinsurance Rebilling After Final Arbitration Award Is Precluded

What happens when, after a reinsurance arbitration over how the ceding company billed the reinsurer is resolved in the reinsurer’s favor with a final award confirmed by the court, the ceding company rebills the reinsurer for the same losses (but differently than the way it did during the prior arbitration)?  If the reinsurer again denies … 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

Is an Excess Insurer Bound By Decision of Workers’ Compensation Appeals Board?

Certain types of personal injuries are often adjudicated, at least in part, in front of quasi-governmental boards. For example, where an employer self-insures for workers’ compensation, claims by employees will be adjudicated before the workers’ compensation board governing that employer if they are not paid as demanded. Nearly every employer that self-insures for workers’ compensation … Continue Reading

Who Decides the Preclusive Effect of a Prior Arbitration Award?

What happens when one party loses an arbitration and then commences a second arbitration against the same counterparty over similar issues? Can the party that won the arbitration and then had the award confirmed in federal court obtain an injunction precluding the first party from moving forward with the second arbitration? Apparently not.… Continue Reading
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