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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