Pulsar Re Ltd Files Suit Against Lehman Brothers Holdings, Inc.

Pulsar Re Ltd v. Lehman Brothers Holding, Inc. Case No. 08-13555

Pulsar Re has filed a $450 Million suit against Lehman Brothers alleging the former investment company looted money it held for Pulsar in an effort to improve its books. The Adversary Suit filed in the U.S. Bankruptcy Court for the Southern District of New York seeks an order placing the $450 Million placed into a trust contending that the money is not part of the bankruptcy estate.

According to the complaint, Pulsar and Lehman

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First Department Reinstates Reinsurance Action Complaint

Global Reinsurance Corporation. v. Equitas Ltd. et.al. (New York Appellate Division, First Department, January 11, 2011)

This reinsurance dispute arises from claims that the Equitas defendants where at the center of a conspiracy to violate New York’s Anti-Trust law (General Business Law §340, the Donnelly Act) by eliminating claims service competition as to pre-1993 non-life retrocessional reinsurance coverage (i.e., the reinsurers that provide coverage to the insurers or cedents, that provide coverage to the underlying policyholders). The trial court granted defendants motion to dismiss and

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Appellate Court Reverses Lower Court and Allows Claims Involving Reinsurance Reserves

Assured Guaranty (UK) Ltd. v. J.P. Morgan Investment Mgt. Inc., 2010 Slip Op. 8644 (1st Dept. Nov. 23, 2010)

A U.S. based life reinsurance company which had reinsured more than 370,000 policies with an aggregate insured amount of $36.7 billion formed a new company and turned over its 2004 term life reinsurance liability to it.  The company paid for its reinsurance reserves by issuing preference shares and bonds.  Assured Guaranty guaranteed the company’s payments to note holders on one of the bond series issued. 

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Cases for Goldberg Segalla’s Life, Health, Disability and ERISA Quarterly Published November 18, 2010.

Bell v. Pfizer, Inc.

Blumenthal v. New York Life Insurance and Annuity Corporation

Bonner v. Metropolitan Life Ins. Co.

Conseco Life Insurance Company v. Williams

First National Bank & Trust Company v. Stonebridge Life Insurance Company

Flores v. Monumental Life Ins. Co.

Gunn v. Reliance Standard Life Ins. Co.

Hinkle v. Assurant, Inc.

Howley v. Mellon Financial Corporation

Jackson v. Fort Dearborn Life Insurance Company

Klay v. AXA Equitable Life Insurance Company

Kramer v. Phoenix Life Insurance Co.

LeSuer v. HCA Inc.

McClelland v. Life

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Court Dismisses Two of Three Claims Involving Unpaid Brokerage Commission

Guy Carpenter & Company, LLC v. Lockton RE, LP (S.D.N.Y. November 4, 2010)

Guy Carpenter & Company, LLC (“Guy Carpenter”) is a reinsurance intermediary.  Lockton RE, LP and Lockton Insurance Agency, Inc. (collectively “Lockton”) is a competitor.  Two insurance companies were clients of Guy Carpenter and Guy Carpenter placed reinsurance contracts for them in exchange for a brokerage fee.  The parties agreed that the brokerage fee would be paid by allowing Guy Carpenter to retain a percentage of the quarterly premium payments its clients made

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November Edition of Reinsurance Review is Now Available

For this month's publication click here.  In this month's edition:

United States Supreme Court Denies Review of 5th Circuit’s Determination that Nonsignatories to Arbitration May be Compelled under the New York Convention

Second Circuit Affirms Dismissal of Complaint Against Reinsurer

District Court Grants Motion To Compel Production of Reinsurance Information

 District Court Vacates Confirmation of Arbitration Award Entered In Favor of U.S. Company Against Brazilian State-Owned Entry For Lack of Jurisdiction

 District Court Affirms Arbitration Award In Reinsurance Dispute Holding Motion

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State Court Applies “Follow-the-Fortunes” Doctrine in Reinsurance/Asbestos Dispute

USF&G v. American Reinsurance

(New York Supreme Court, New York County  August 20, 2010)

 

In USF&G v. American Reinsurance, a New York trial court analyzed the "follow the settlement" doctrine and determined that American Reinsurance was required to reimbursed the cedent, USF&G, for $262,000 plus interest.

 

USF&G insured Western Asbestos from 1948 to 1960.  At some point, Western Asbestos became insolvent and was purchased by MacArthur Company, which formed Western MacArthur as a result.  In the late 1970's, Western MacArthur was sued

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District Court Declares That Concurrent Lawsuits Between Two Insurers Regarding Enforceability of a Reinsurance Agreement Does Not Present “Extraordinary” Circumstances To Stay Federal Court From Exercising Jurisdiction.

Guaranteed Trust Life Ins. Co. v. American Medical and Life Ins. Co., 2010 U.S.Dist. LEXIS 96382 (N.D. Ill., September 15, 2010)

In 2006, Guarantee Life Insurance Company ("Guarantee"), an Illinois mutual insurance company and American Medical and Life Insurance Company ("American"), a New York insurance company, entered into an agreement whereby American would sell insurance on Guarantee’s policy forms in states where American was not authorized to sell policies. The parties negotiated a reinsurance agreement under which Guarantee Life would reinsure policies sold by American

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Cases for the September 3, 2010 Edition of CaseWatch: Insurance

ADAM v KESSEL

Adam v. Stonebridge Life Insurance Company

Allstate Insurance Company v. Ligouri

Black v. Richards

Brown_v_Interstate

California Dairies Inc. v. RSUI Indemnity Co.

Cargill, Inc. v. Ace American Ins. Co.

Continental Casualty Co. v. City of Jacksonville

Elmer v. Infinity Ins. Co.

Essex Ins. Co. v. Paric Corp.

Estate of Bradley v. Royal Surplus Lines Ins. Co.

Estate of Dutkiewicz v. Benchmark Ins. Co.

Estate of Heintzelman v. Air Experts, Inc.

Flomerfelt v. Cardiello

Great American Insurance Company v. RLI Insurance Co.

Henry

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