Court of Appeals: New York’s Antitrust Statute does not reach London’s Reinsurance Marketplace

Global Reinsurance Corp. v. Equitas Ltd. (N.Y. March 27, 2012)

In a suit by a New York branch of a German reinsurance corporation against U.K.-based entities engaged in the business of providing retrocessionary reinsurance, asserting a claim under New York State’s antitrust statute, the Donnelly Act, the Appellate Division’s ruling in favor of the plaintiff on a CPLR 3211 motion to dismiss was reversed by the New York Court of Appeals.

The retrocessionaires, or retrocessionary reinsurers, wrote coverage for risks ceded to them by reinsurers. 

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Court Clarifies the Discoverability of Loss Reserves and Reinsurance Information

Isilon Systems, Inc. V. Twin City Fire Ins. Co. (W. D. Wash. February 15, 2012)

Plaintiff, Isilon Systems, Inc. (“Isilon”) brought a motion to compel arguing that Defendant, Twin City Fire Ins. Co. (“Twin City”) wrongfully withheld and redacted numerous documents based on meritless claims of privilege and attorney work product.  Isilon also alleged that Twin City’s privilege logs were inadequate, and took exception to Twin City’s position that information about loss reserves and reinsurance was not discoverable.

In response, Twin City argued that information

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Former New York State Superintendent of Insurance, James J. Wrynn, joins Goldberg Segalla LLP as Partner

Goldberg Segalla LLP is pleased to announce James J. Wrynn will join the law firm March 5. He will run the firm’s New York office and will be a senior partner in its Global Insurance Services Practice Group.

Mr. Wrynn served as thWrynne 40th and last Superintendent of Insurance in the State of New York until it merged with the New York State Department of Banking to form the new Department of Financial Services. He then served as the first Deputy Superintendent of

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Second Circuit Reverses Vacatur of Arbitration Award; Find Arbitrators Impartial

Scandinavian Reins. Co. Ltd. v. St. Paul Fire & Marine Ins. Co. (2nd Cir. (N.Y.) Feb. 3, 2012)

The Second Circuit recently reversed a district court’s vacatur of an arbitration award, holding that there was insufficient evidence to support a finding of “evident partiality” of two of the arbitrators.

 Plaintiff Scandinavian and defendant St. Paul entered into a specialized type of reinsurance contract  known as a stop-loss retrocessional agreement. Pursuant to the agreement, St. Paul ceded to Scandinavian some of the reinsurance liabilities

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Cases for Reinsurance Review – February 2012 Edition

Cases provided courtesy of LexisNexis

United States of America v. Leif D. Rozin

Alabama Municipal Insurance Corporation v. Alliant Insurance Services

Transport Insurance Company v. Tig Insurance Company

Evangelical Presbyterian Church v. American Fidelity Assurance

George Campbell Painting, v. National Union Fire Insurance Company of Pittsburgh, PA,

United States Fidelity & Guaranty Company v. American Re-Insurance Company

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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 several decades. The Appellate Court reviewed and affirmed the lower courts Order granting the reinsured summary judgment and denying the reinsurer’s motion for summary judgment.   The reinsurance treaty involved was an excess of loss treaty with a $100,000 retention and a maximum $4.9 million payable by the reinsurers for any one loss subject to a

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