Schiffer on Re-Insurance Podcast

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/

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/

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/

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/

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/

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/

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/

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/

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/

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/

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/

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/

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/

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/

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.

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.

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.

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.

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.

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/

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/

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.

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.

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.

This episode discusses a media exclusion in a CGL policy and the meaning of broadcast.

This episode chronicles the death of Bellefonte, a famous reinsurance case on facultative certificates and whether expenses are capped by the certificate limits.

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.

In this episode, I discuss a case involving manifest disregard of the law in a reinsurance arbitration.

This episode discusses the tension between reinsurance contract wording and the parties' intent.

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.

In this episode, we discuss a policyholder seeking coverage for a loss on property it never asked the insurer to cover.

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.

This episode discusses a case where the insured vs. insured exclusion precluded coverage even though there was a non-insured plaintiff.

This episode addresses an exclusion for bodily injury arising out of weapons.

This episode is about whether a reinsurer is a reinsurer and whether a cedent can bring statutory claims against a reinsurer in court.

This episode concerns an effort by an insurer to block from disclosure communications with its reinsurer on the policyholder's underlying claim.

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/

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/

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/

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/

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/

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/

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/

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/

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/

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/

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/

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/