STAY DENIED PENDING ARBITRATION BECAUSE AGREEMENT DOES NOT CONTAIN AN ARBITRATION PROVISION

EASTERN DISTRICT OF ILLINOIS

CONTINENTAL CAS. CO. V. COMMERCIAL RISK RE-INSURANCE CO.

(CIVIL ACTION NO.: 07-C-6912, April 15, 2009)

 

Defendants filed an application for a pre-trial stay pending arbitration and application to appoint a referee regarding several reinsurance agreements and a separate "commutation agreement." Pursuant to the "commutation agreement," certain reinsurance agreements between the parties were terminated by consent. Under that agreement, it contained the provision that the parties would submit to the exclusive jurisdiction of the State of Illinois. The "commutation agreement" did

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Recent Proposed Legislation

California

Assembly Bill 145

(Introduced Jan. 22, 2009, Last Action Apr. 13, 2009)

This bill amends existing law that prohibits a motor carrier of property from contracting or subcontracting with or otherwise engaging the services of another carrier until the contracting carrier provides a certification of compliance with safety inspection certificate, permit and financial responsibility requirement.

Florida

Senate Bill 2252

(Introduced Feb. 26, 2009, Last Action Apr. 20, 2009)

This bill relates to professional liability insurance and requires that certain written claims or actions for

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Spouse Has No Individual Tort Claim Against Health Insurer

The Mega Life and Health Ins. Co. v. The Superior Court of Riverside County
(Ct. App.Ca., April 14, 2009)

A spouse can recover on a tort claim for fraud based on the issuance of a health insurance policy to his deceased wife. The spouse, however, has no separate and individual tort claim based on the policy.

Here is the full case
https://www.courtinfo.ca.gov/opinions/documents/E0459.pdf

By       Daniel W. Gerber and  Kimberly Whistler

https://www.goldbergsegalla.com/attorneys/Gerber.html

https://www.goldbergsegalla.com/attorneys/Whistler.html

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OCCURRENCE/TRIGGER OF COVERAGE – Emergency Demolition of Structure Was an Intentional Act and Not an Occurrence

Village of Springville v. Argonaut Insurance et. al.

(N.Y.A.D. 4th Dept., April 24, 2009)

 

In a case successfully handled by the authors, the Appellate Court declared that the insurer was not required to defend the policyholder against a federal claim asserting constitutional violations arising from a Village’s demolition of a fire-damaged building.

 

In January, 2005 a fire occurred causing significant damage to a structure. As a result of the fire, Village officials determined that it was necessary to demolish the remnants of

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Enforceability of Arbitration Bond Addressed

THIRD CIRCUIT

EVERTEST NATIONAL INSURANCE CO. V. SUTTON et al.

(CIVIL ACTION NO.: 08-CV-4643 – April 7, 2009)

THIRD CIRCUIT DISMISSED APPEAL REGARDING THE ENFORCEABILITY OF AN ARBITRATION BOND BASED ON LACK OF JURISDICTION

Appellants appealed a decision from an order by the United States District Court for the District of New Jersey in which it required them to post security with an arbitration panel following an arbitration decision in which the reinsurer was required to pay 70 million dollars following the first phase of

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Court Upholds Sanctions for Party’s Failure to Arbitrate in Good Faith

SECOND CIRCUIT

RELIASTAR LIFE INSURANCE COMPANY OF NEW YORK V.

EMC NATIONAL LIFE COMPANY

(CIVIL ACTION NO.: 07-CV-0828 – April 9, 2009)

Appellant appealed a judgment from the United States District Court for the Southern District Court of New York vacating a portion of an arbitration award on the grounds that the arbitration panel went beyond its authority in awarding attorneys’ fees and arbitrator’s fees as sanctions for a party’s failure to arbitrate in good faith pursuant to the parties’ coinsurance agreement.

The arbitration section …

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