Reinsurance Focus (Jorden Burt LLP)

Ninth Circuit: Website Visit Four Years After Assent To a Contract Containing a Change-of-Terms Provision Does Not Bind Parties To New Contract Terms Addressing Arbitration December 10, 2020 by

Risk Management Monitor (RIMS)

Three Ways to Reduce Insider Threat Risks During COVID-19 onths into the pandemic, organizations have recovered from the initial emergency of trying to ensure that their employees could safely work f

Reinsurance Trial Resolved after 10 Days and 15 Witnesses: “Follow the Fortunes” Cannot be Read into Reinsurance Contracts! Reinsurers Can Voluntarily Pay!

An insurer and reinsurer litigated their breach of contract actions against each other under two facultative reinsurance certificates in a New York federal court culminating in a 10-day bench trial p

Rescission Available to Insurer Whose Insured Lied in Insurance Application About Use of Experimental Weight Loss Techniques

In Essex Insurance Company v. Galilee Medical Center S.C d/b/a MRI Lincoln Imaging Center, the insured, Galilee, represented to its insurer, Essex, that it did not offer any weight loss drugs to its p

Recent Court Decisions Show Fight Over ACA is Alive and Well

The battle over the Affordable Care Act (ACA) is heating up again with two recent high-profile decisions. In the first case, the U.S. House of Representatives as an institution sued the executive bran

Reminder to Eligible Excess Line Insurers with Policyholders in the State of New York — Minimum Surplus Requirement Increases for Excess Line Insurers

A Twelfth Amendment to New York’s Insurance Regulation 41 was promulgated by the Department of Financial Services after the President signed the Nonadmitted and Reinsurance Reform Act (NRRA), w

Rental Property Fire Presents a Review of Residential Insurance Policies in Michigan

On September 29, 2015, the Michigan Court of Appeals  affirmed a directed verdict granted to an insurance agent, Jervis-Fehtke (Jervis), on a professional negligence claim brought by a property own

Request Denied: Constitutionality Challenge of the No-Fault Automobile Insurance Act (NFAIA) Overruled in Minnesota

The No-Fault Automobile Insurance Act’s mandatory arbitration requirement of claims for $10,000 or less is now confirmed to be constitutional, according to the judgment delivered recently by th

Read the Fine Print: Contingent Coverage is Not Excess Coverage

In Bartowiak v. Underwriters at Lloyd’s, London, 2015 IL App (1st) 133549 (August 31, 2015), the Illinois Court of Appeals ruled that the defendant-insurer did not have a duty to defend or inde

Rhode Island Supreme Court Takes Broad Approach to Household Residency

In Peerless Insurance Company v. Luppe, 2015 R.I. LEXIS 87 (R.I. June 17, 2015), the Rhode Island Supreme Court held that a minor child of divorced parents can be a resident of a non-custodial parent

Reinsurance Review Is Now Available

For a free copy of this month’s edition, click here.  Goldberg Segalla’s Reinsurance Review provides timely summaries of and access to the latest reinsurance law development

Rule Followed by NY Federal Court for Damages Outside NY

Indian Harbor Insurance Company v. The City of San Diego  (Case No. 12-cv-5787) (S.D.N.Y., September 25, 2013) A New York federal court continued to honor the line of New York cases that stand fo

Reinsurers Kept on the Hook Despite Cedent’s Settlement in $28 Million Kuwait Oil Claim

Beazley Underwriting Limited and others v Al Ahleia Insurance Company and other companies [2013] EWHC 677 (Comm) This case centers on the relationship between cedents and reinsurers and compliance

Reconsideration Granted in Part in Reinsurance Dispute

Munich Reinsurance Am., Inc. v. Am. Nat’l Ins. Co. (D.N.J. Mar. 28, 2013) On March 28, 2013, USDC Judge Freda L. Wolfson granted summary judgment in part on a motion for reconsideration of an

Re-Evaluating “Occurrence” in the Construction Defect Realm

K&L Homes, Inc. v. American Family Mutual Ins. Co., 2013 ND 57 (N.D. 2013) (Index No. 20120060) The highest court in North Dakota re-evaluated a lower court’s decision concerning a cons

Rehabilitation Plan Denied for Unfavorable Treatment of Surety Claims

In Re Rehabilitation of Frontier Ins. Co.N.Y. Sup. Ct., Albany County, May 23, 2012 A proposed plan of rehabilitation for Frontier Insurance Co., was denied by the New York Courts finding that certai

Reinsurers on the Hook for Settlement that Arguably Included Bad Faith Claims

United States Fidelity & Guar. Co. v. American Re-Insurance Co.N.Y. App. Div. 1st Dep’t, Jan. 24, 2012 The case arose out of litigation concerning the underlying asbestos claims spanning s

Reinsurance Agreement Between Insurer And Reinsurer Did Not Provide A Direct Cause Of Action Against Reinsurer For Underlying Environmental Claims

Canal Ins. Co. v. Montello, Inc. et. al. (United States District Court, Northern District of Oklahoma, September 26, 2011) This environmental reinsurance action stems from the use of asbestos contain

Reinsurer Must Prove Prejudice to Avoid Coverage Based on Late Notice

Pacific Employers Ins. Co. v. Global Reins. Corp. of Am. (E.D. Pa. May 23, 2011) In a matter of first impression in Pennsylvania, a federal court in Pennsylvania held that a reinsurer must demonstrat

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