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You are here: Home / Arbitration / Court Decisions / Jurisdiction Issues / A HORSE RACE TO JUDGMENT

A HORSE RACE TO JUDGMENT

April 12, 2010 by Carlton Fields

Continental Casualty Corporation sued its reinsurer, AXA Global Risks (UK) Ltd., in Missouri federal court seeking, among other things, a temporary restraining order and preliminary injunction to prevent AXA from proceeding with a similar action AXA filed against Continental in a British court. The parties dispute AXA’s obligation to reinsure a portion of a $23,072,979 judgment against Continental in a coverage action between Continental and its insured, a construction company, under a certain reinsurance slip between Continental and AXA. In response, AXA moved to dismiss or stay the Missouri action in favor of the British lawsuit, which was filed approximately six weeks earlier than Continental’s suit. The Court rejected both parties’ arguments, refusing to enjoin prosecution of the British action, and refusing to stay or dismiss the case on its own docket. The court stated, citing Third Circuit precedent, that “when related cases are before two different sovereigns, the appropriate procedure is to permit both jurisdictions to proceed, with any decision of one becoming res judicata on the other.” Continental Cas. Corp. v. AXA Global Risks (UK) Ltd., Case No 09-00335 (USDC W.D. Mo. April 2, 2010).

This post written by John Pitblado.

Filed Under: Jurisdiction Issues, Week's Best Posts

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