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NEW! 1/25/2008 11:59:46 AM EST
Posted by Gina Cappello
LexisNexis Insurance Law Center Staff

If you've ever felt lost in the world of reinsurance terms and jargon, well, you are not alone - a panel of federal circuit judges recently admitted how difficult it can be to translate "reinsurance-ese" language.

In issuing an opinion on Jan. 16 in the reinsurance case titled Indiana Lumbermens Mutual Insurance Co., v. Reinsurance Results Inc., (No. 07-1823, 7th Cir.; 2008 U.S. App. LEXIS 882), the Seventh Circuit U.S. Court of Appeals panel commended the attor

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12/21/2007 12:38:48 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

Across the pond, the English Court of Appeal affirmed that only English courts may review an arbitration award rendered in London.

The two-judge panel, led by Lord Justice Longmore ruled that because the parties chose England as the seat of arbitration, all mandatory provisions of the English Arbitration Act apply.

The panel explained that although New York law governs the reinsurance policy, this does not void the final and binding effect of the arbitration award under Engli

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12/21/2007 12:26:10 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

Ramona Tire Inc. is accused of intentionally underfunding a captive reinsurer, leaving a financially-strapped insurer with $360,000 in unpaid workers' compensation claims.

Earlier this month, a southern California federal judge denied Ramona's motion to dismiss the suit, which was filed by the California Insurance Commissioner as rehabilitator of Frontier Insurance Co. 

The first amended complaint seeks relief for fraud, false promise, negligent misrepresentation, unjust

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12/7/2007 12:17:38 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

In news from across the pond, the English Court of Appeals recently ruled that a reinsurer is off the hook for contribution toward the settlement of a securities class action.  The reason?  The cedent, according to the court, did not provide the reinsurer with timely notice of the underlying loss.

In AIG Europe [Ireland] Ltd. v Faraday Capital Ltd., the panel of justicies concluded that AIG Europe (Ireland) Ltd. breached the reinsurance contract's claims coo

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11/7/2007 5:01:34 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

LONDON — In a case involving enforcement of an $88.3 million arbitration award rendered in favor of a Monaco reinsurer, an English appellate majority ruled Oct. 17 that the assignee of the award should not be forced to post security for costs incurred by the opposing party in challenging the award (Gater Assets Ltd. v. Nak Naftogaz Ukrainiy, No. 460, English App.).

In separate opinions written by Lord Justice Rix and Lord Justice Moses, ruled that Gater Assets Ltd. is not

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11/7/2007 4:54:24 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency
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11/7/2007 4:50:41 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

STAMFORD, Conn. — A Connecticut state judge ruled Oct. 17 that several former General Re Corp. executives misappropriated trade secrets after they defected to rival Arch Capital Group (General Reinsurance Corporation v. Arch Capital Group, LTD, et al.), No. X05CV074011668S, Conn. Super., Stamford; 2007 Conn. Super. LEXIS 2629).

Stamford Superior Court Judge Adams issued a temporary injunction against Arch, ordering it not to use or divulge any Gen Re proprietary informati

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11/7/2007 4:33:18 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

LONDON — In a case where a Korean insurer seeks enforcement of a $62.5 million judgment against a group of international reinsurers, an English appeals court on Oct. 30 affirmed rejection of the reinsurers’ defense that the dispute had been settled in 2005 (Korea National Insurance Corp. v. Allianz Global Corporate And Specialty AG, No. A3/2007/2033, English App.; See 9/7/07, Page 3).

Korean National Insurance Corp. (KNIC) is demanding more than $57 million from the

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10/5/2007 12:19:11 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

SEATTLE — A Washington judge held Sept. 19 that where a primary policy does not cover the $250,000 in costs to repair a cracking and failing bridge, a reinsurer is not liable for sums paid by the primary insurer (The City of Renton v. Lexington Insurance Co. (USA), No. c06-203, W.D. Wash.).

U.S. Judge Ricardo S. Martinez of the Western District of Washington explained that a reinsurer is not bound to pay where the primary insurer paid on a claim that was completely outsid

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10/5/2007 12:08:10 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

NEW YORK — In a case in which American International Group (AIG) is accusing the Robert Plan Corp. (TRP) and its top executives of diverting funds, a New York state justice on Sept. 26 allowed AIG to amend its complaint to name Lincoln General Insurance Co. as a defendant (AIU Insurance Co., et al. v. The Robert Plan Corp., No. 603159/05, N.Y. Sup., New York Co.).

New York County Supreme Court Justice Bernard J. Fried also allowed AIG to bring additional breach of contrac

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10/5/2007 12:03:39 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency


NEW YORK — A New York federal judge on Sept. 20 ruled that the former shareholders of Lion Holding Inc. are not entitled to a return of escrow funds that secured their obligation to indemnify a German reinsurer for claims arising from a personal accident reinsurance program (Robert D. Ferguson v. Hannover Ruckversicherungs-Akteiengesellschaft, No. 04-9254, S.D. N.Y.; 2007 U.S. Dist. LEXIS 61441).

U.S. Judge Peter K. Leisure of the Southern District of New York found

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9/12/2007 2:44:13 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

In a case worth millions of dollars, an English court ruled, again, that a “follow the settlements” provision does not entitle a cedent to coverage when additional terms in the reinsurance contract narrow the scope of coverage.

Justice Andrew Smith of the English High Court ruled that a reinsurer has no duty to pay toward the settlement of a claim for damages to certain oil refinery equipment owned by El Paso Energy Corp.  The damaged equipment was not on the reinsura

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9/7/2007 9:21:05 AM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

Continental Casualty Co. and LaSalle Re Ltd. are battling in Illinois federal court over whether certain claims fall within the ambit of a 2004 commutation and release agreement. 

In an amended complaint, Continental is urging an Illinois federal court to stay an arbitration commenced by LaSalle.  Continental says the claims at issue in that arbitration are void because they fall under the parties' earlier commutation and release agreement.

Further coverage in

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9/6/2007 2:44:59 PM EST
Posted by Marcy Kowalchuk
Editor, Mealey's Litigation Reports: Reinsurance and Insurance Insolvency

In a Korean insurer’s battle to enforce a $62.5 million judgment against a group of international reinsurers, an English judge on July 24 rejected the reinsurers’ defense that the dispute had been settled in 2005. 

Korean National Insurance Corp. is demanding more than $57 million from the reinsurers for a deadly (and expensive) 2005 helicopter crash that destroyed a warehouse containing emergency relief goods. 

More coverage available in the Sept. 7 is

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8/27/2007 2:07:11 PM EST
Posted by Steve Berstler
Staff Member, LexisNexis Law Centers

Eric Dinallo, New York's Superintendent of Insurance, has sued OneBeacon Insurance Co. in an attempt to obtain more than $2 million in reinsurance proceeds allegedly owed to the estate of Midland Insurance Co. for insurance claims paid by Midland's predecessor to Bayer and Bristol/Meyers Squibb arising from blood contamination lawsuits.

The underlying claims allegedly fall under facultative reinsurance contracts issued by OneBeacon's predecessor, General Accident Insurance C

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