Author: Goldberg Segalla

Century Indemnity Co. v. Certain Underwriters at Lloyd’s

(E.D. Pa, January 11, 2010)

The instant action involves a reinsurance dispute where the two parties have filed a number of motions and cross-motion seeking injunctive relief and contempt of court regarding failure to paid monies owed.

The court denied both parties various motions.  First the court held that plaintiff’s cross-motion to enjoin a separate action pending in New York court based on the “first-filed” rule is without merit.  Specifically, the court held …

U.S. Life Insurance Co. v. Superior National Insurance Co.

(9^th Cir. [CA] January 4, 2010)

The Ninth Circuit Federal Court of Appeals has recently upheld a California District Court ruling affirming an arbitration award in favor of a group of insurers against a reinsurer.  The group of insurers entered into a reinsurance contract with U.S. Life to reinsure the insurers’ workers compensation risks for a five year period.  After entering into the agreement, the insurers declared bankruptcy and entered into liquidation.…

Datacor, Inc. v. Heritage Warranty Insurance Risk Retention Group

(E.D. Mo., December 16, 2009)

The plaintiff purchased a contractual liability policy from the defendant.  The parties also entered into an agreement which required the defendant to reimburse the plaintiff for monies expended for warranty claims.  The agreement contained an arbitration provision, and a choice of law provision.  The choice of law provision designated Nebraska as the applicable law. 

A dispute arose between the parties, and the plaintiff filed suit.…

American Nat’l Ins. Co. v. Texas Dep’t. of Ins.

Ct. App. TX, December 16, 2009

This dispute involves the appeal of insurers against a ruling by the Texas Department of Insurance finding that stop-loss insurance policies that were sold to self-funded employee benefit plans should have been characterized as direct insurance instead of reinsurance.

The insurers contend that the self-funded plans are insurers as defined by the insurance code and thus qualify under the contextual definition of former article 3.10(a) to buy reinsurance …