Schiffer on Re-Insurance Podcast
By Larry Schiffer
Schiffer on Re-Insurance PodcastApr 11, 2023
Washington Federal Court Grants Motion to Compel Arbitration
This episode addresses McCarran-Ferguson reverse pre-emption and the New York Convention. It is also available as a blog post: https://schifferlc.com/2023/04/11/washington-federal-court-grants-motion-to-compel-arbitration/
Reinsurer Loses First Motion to Dismiss
This episode discusses a reinsurance case where the reinsurer's motion to dismiss a direct action was rendered moot by the insured's efforts to amend its complaint. It is also available as a blog post: https://schifferlc.com/2023/04/10/reinsurer-loses-first-motion-to-dismiss/
Court Finds No Personal Jurisdiction in Reinsurance Dispute and Dismisses Case
This episode covers a case of personal jurisdiction and the legal issue or relatedness in a reinsurance dispute. It is also available as a blog post: https://schifferlc.com/2023/04/08/court-finds-no-personal-jurisdiction-in-reinsurance-dispute-and-dismisses-case/
Ninth Circuit Court of Appeals Certifies COVID-19 Question to the California Supreme Court
This episode discusses recent developments in COVID-19 business interruption insurance coverage litigation. It is also available as a blog post: https://schifferlc.com/2023/02/10/ninth-circuit-court-of-appeals-certifies-covid-19-question-to-the-california-supreme-court/
Arbitration Clause Upheld In Coverage Dispute
This episode discusses the New York Convention and a motion to compel arbitration involving Lloyd's Syndicates. It is also available as a blog post: https://schifferlc.com/2023/01/31/arbitration-clause-upheld-in-coverage-dispute/
Why Reinsurance Arbitration or Mediation Is More Efficient Than Litigation
This episode uses a recent reinsurance litigation to discuss why reinsurance arbitration or mediation is more efficient. This episode is also available as a blog post: https://schifferlc.com/2023/01/26/why-reinsurance-arbitration-or-mediation-is-more-efficient-than-litigation/
Reinsurer Loses Collateral Estoppel Argument But Wins Anyway
This episode discusses the doctrine of collateral estoppel in the context of a reinsurance dispute. It is also available as a blog post: https://schifferlc.com/2023/01/16/reinsurer-loses-collateral-estoppel-argument-but-wins-anyway/
A Brief Review of Reinsurance Trends in 2022
This episode is my annual review of reinsurance trends from the cases issued during 2022. It is also available as a blog post: https://schifferlc.com/2023/01/10/a-brief-review-of-reinsurance-trends-in-2022/
Sixth Circuit Affirms Subpoena For Reinsurance Arbitration
This episode discusses the enforcement of an arbitral subpoena. It is also available as a blog post: https://schifferlc.com/2022/11/29/sixth-circuit-affirms-subpoena-for-reinsurance-arbitration/
Tortious Interference Claim Dismissed Again
This episode addresses claims of tortious interference against affiliates of runoff reinsurers. It is is also available as a blog post: https://schifferlc.com/2022/11/17/tortious-interference-claim-dismissed-again/
Don’t Cry For Me – Reinsurance Judgment Against Argentina Vacated
This episode is about the efforts of a US ceding insurer to recover reinsurance proceeds through default judgments against a non-US government that took over for a government owned defunct reinsurer. This episode is also available as a blog post: https://schifferlc.com/2022/11/16/dont-cry-for-me-reinsurance-judgment-against-argentina-vacated/
Ten Years After – When Old Reinsurance Obligations Fail
This episode is about a case involving a stock purchase agreement and the alleged failure to resolve old reinsurance obligations. It is also available as a blog post: https://schifferlc.com/2022/11/15/ten-years-after-when-old-reinsurance-obligations-fail/
Reinsurer’s Attempt to Compel Arbitration Against Insureds Fails
This episode is about whether a non-signatory to a reinsurance contract with an arbitration clause can be compelled to arbitrate. It is also available as a blog post: https://schifferlc.com/2022/11/14/reinsurers-attempt-to-compel-arbitration-against-insureds-fails/
Limitation on When Arbitration Can Be Brought For Arbitrator to Decide
This episode is about who decides a time limitation issue concerning arbitrability. This episode is also available as a blog post: https://schifferlc.com/2022/11/11/limitation-on-when-arbitration-can-be-brought-for-arbitrator-to-decide/
Second Circuit Finds for Cedent in Follow-the-Settlements Asbestos Settlements Allocation Dispute
This episode is also available as a blog post: https://schifferlc.com/2022/09/21/second-circuit-finds-for-cedent-in-follow-the-settlements-asbestos-settlements-allocation-dispute/
This episode covers the latest follow-the-settlements decision from the Second Circuit Court of Appeals.
Using US Federal Courts to Aide in Non-US Arbitrations Dealt a Death Blow By the US Supreme Court
This episode is also available as a blog post: https://schifferlc.com/2022/08/08/using-us-federal-courts-to-aide-in-non-us-arbitrations-dealt-a-death-blow-by-the-us-supreme-court/ In this blog post I discuss the June 2022 US Supreme Court case that ended federal court discovery assistance for non-US arbitrations.
Without a Contractual Relationship, Claims Against Reinsurers Fail
This episode is also available as a blog post: https://schifferlc.com/2022/07/28/without-a-contractual-relationship-claims-against-reinsurers-fail/ . This episode discusses another attempt at a direct action brought against reinsurers.
New York Appeals Court Holds Follow-the-Settlements Does Not Apply When Coverage Is Beyond the Scope of the Reinsured Policy
This episode is also available as a blog post: https://schifferlc.com/2022/07/22/new-york-appeals-court-holds-follow-the-settlements-does-not-apply-when-coverage-is-beyond-the-scope-of-the-reinsured-policy/. This episode discusses a New York intermediate appellate court's analysis of the application of an express follow-the-settlements clause.
Follow-the-Fortunes Rejected By 11th Circuit
This episode is also available as a blog post: https://schifferlc.com/2022/07/21/follow-the-fortunes-rejected-by-11th-circuit/ This episode addresses a recent case construing the follow-the-fortunes doctrine.
Federal Jurisdiction Matters to Vacate or Confirm an Arbitration Award
This episode discusses whether there is independent federal subject matter jurisdiction on a petition to confirm or vacate an arbitration award under the Federal Arbitration Act. This episode is also available as a blog post: https://schifferlc.com/2022/06/30/federal-jurisdiction-matters-to-vacate-or-confirm-an-arbitration-award/
ARIAS US Form Plays Major Role in Court’s Decision to Seal Documents
Compelling Arbitration After Assignment
Courts Continue to Order Production of Reinsurance Information
In this episode, discuss two new cases involving document requests in coverage disputes for reinsurance information. This episode is also available as a blog post: https://schifferlc.com/2022/03/25/courts-continue-to-order-production-of-reinsurance-information/
COVID-19 and Insurance Premiums
In this episode I discuss a recent 8th Circuit case on whether a challenge to the premium charged to a policyholder during the pandemic could be brought in court or whether the failure to exhaust administrative remedies barred the lawsuit.
Prior Arbitration Precludes Law Suit Ruling Upheld on Appeal
This episode discusses the affirmance on appeal of a decision dismissing a reinsurer's complaint in a collateralized reinsurance dispute because a prior arbitration precluded further disputes.
A Brief Review of Reinsurance Trends in 2021
In this episode, which is in segments, I set out my annual review of reinsurance trends from the cases handed down in 2021. It is long.
The Meaning of Broadcasting and Its Application to a Media Exclusion
This episode discusses a media exclusion in a CGL policy and the meaning of broadcast.
Second Circuit Relegates Bellefonte to the Scrapheap
This episode chronicles the death of Bellefonte, a famous reinsurance case on facultative certificates and whether expenses are capped by the certificate limits.
Liquidation Court Rejects Attempt by Receiver to Allocate Funds to a Captive
In this episode, I discuss an insurance liquidation case where the receiver wanted to allocate estate assets to a captive to pay claims not covered by the guaranty association.
Georgia Supreme Court Reverses and Remands Appellate Court Order Reversing Order Confirming Arbitration Award
In this episode, I discuss a case involving manifest disregard of the law in a reinsurance arbitration.
In Reinsurance, the Contract Wording Should Control
This episode discusses the tension between reinsurance contract wording and the parties' intent.
Runoff Reinsurance Disputes and Service Providers
In this episode we discuss a case involving a runoff reinsurer and claims brought by the cedent against affiliated service providers for tortious interference with contract.
Insurance Coverage Only Goes So Far
In this episode, we discuss a policyholder seeking coverage for a loss on property it never asked the insurer to cover.
Parties' Choice of Law Prevails: Arbitration Compelled
This episode involves a choice-of-law issue and a determination of whether the parties' contractual choice of law prevails over state anti-arbitration law.
Insured vs Insured Exclusion Precludes Coverage
This episode discusses a case where the insured vs. insured exclusion precluded coverage even though there was a non-insured plaintiff.
Weapons Exclusion Precludes Coverage
This episode addresses an exclusion for bodily injury arising out of weapons.
Reinsurer Prevails in HMO Excess Reinsurance Dispute
This episode is about whether a reinsurer is a reinsurer and whether a cedent can bring statutory claims against a reinsurer in court.
No Privilege for Information Provided to Reinsurer
This episode concerns an effort by an insurer to block from disclosure communications with its reinsurer on the policyholder's underlying claim.
Michigan Federal Court Holds Arbitrator to Decide Arbitrability Timeliness Dispute
This episode discusses a recent decision on who decides whether a dispute is timely the court or the arbitration panel. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/09/09/michigan-federal-court-holds-arbitrator-to-decide-arbitrability-timeliness-dispute/
Seventh Circuit Reiterates the Great Deference Given to Arbitral Awards
This episode discusses a recent Seventh Circuit case affirming an order confirming a series of arbitration awards in a reinsurance dispute. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/31/seventh-circuit-reiterates-the-great-deference-given-to-arbitral-awards/
Puerto Rico Federal Court Compels Arbitration Under the New York Convention
In this episode we discuss yet another McCarran-Ferguson reverse preemption case. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/27/puerto-rico-federal-court-compels-arbitration-under-the-new-york-convention/
Confirming a Reinsurance Arbitration Award
In this episode we discuss the basics of confirming a reinsurance arbitration award. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/18/confirming-a-reinsurance-arbitration-award/
Ninth Circuit Compels Arbitration Holding Art. II, Sec. 3 of New York Convention Self-Executing
This episode discusses the recent 9th Circuit case on reverse preemption under the McCarran-Ferguson Act. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/13/ninth-circuit-compels-arbitration-holding-art-ii-sec-3-of-new-york-convention-self-executing/
Second Circuit Rules Facultative Certificates Respond On a Cost-Inclusive Basis in Asbestos Dispute
This episode discusses a recent Second Circuit reinsurance case involving costs in addition to the limits and follow-the-settlements in an asbestos settlement. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/03/second-circuit-rules-facultative-certificates-respond-on-a-cost-inclusive-basis-in-asbestos-dispute/
Court Disqualifies Party-Appointed Reinsurance Arbitrator Prior to Arbitration
In this episode, we discuss a recent case where an arbitrator was disqualified before the arbitration started. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/30/court-disqualifies-party-appointed-reinsurance-arbitrator-prior-to-arbitration/
Motion in Limine Granted Precluding Evidence of Reinsurance in Insurance Coverage Trial
This is a small post on a case that precluded evidence of reinsurance at trial in an insurance coverage case. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/26/motion-in-limine-granted-precluding-evidence-of-reinsurance-in-insurance-coverage-trial/
What Does the First COVID-19 Appellate Decision Mean?
In this episode, we discuss the first COVID-19 appellate decision and its ramifications. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/09/what-does-the-first-covid-19-appellate-decision-mean/
New York Federal Court Allows Final Arbitration Award to Remain Sealed
In this episode, we discuss the sealing of final arbitration awards. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/07/new-york-federal-court-allows-final-arbitration-award-to-remain-sealed/
Court Refuses to Strike Allegations From Counterclaims in Reinsurance Dispute
In this episode we discuss a federal case involving the role of Equitas and the liabilities of Lloyd's of London syndicates' reinsurance contracts in years before 1993. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/06/court-refuses-to-strike-allegations-from-counterclaims-in-reinsurance-dispute/
Insured’s Claims Against Reinsurers Dismissed Where Reinsurance Contract Had No Cut-Through Clause
This episode discusses a short appellate decision on cut-through clauses in reinsurance. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/06/23/insureds-claims-against-reinsurers-dismissed-where-reinsurance-contract-had-no-cut-through-clause/