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You are here: Home / Archives for Arbitration / Court Decisions / Interim or Preliminary Relief

Interim or Preliminary Relief

CASE UPDATE: INSURERS ENTITLED TO HEARING ON AMOUNT OF PRE-PLEADING SECURITY

September 24, 2007 by Carlton Fields

In a prior posting (dated 7/24/2006) this blog reported on a Connecticut Supreme Court decision reversing the dismissal of an appeal by the Court of Appeals, holding that the denial of pre-pleading security was an appealable final judgment, and remanding the case to the Court of Appeals for consideration of the merits of the appeal. The trial court had determined that the relevant statutory text required service to be made on the insurance commissioner or the secretary of the state and precluded service made on the unauthorized insurers’ contractually designated agents for service of process. On remand, the court of appeals disagreed with the trial court’s judgment in favor of the defendant insurers. However, the court was persuaded that on remand, for constitutional reasons, the defendant insurers are entitled to a hearing regarding the amount of pre-pleading security that they must provide. Hartford Accident and Indemnity Co. v. Ace American Reinsurance Co., AC 25661 (Ct. Ct. App. Aug. 14, 2007).

Filed Under: Interim or Preliminary Relief, Week's Best Posts

North Carolina Court of Appeals Grants Appeal of Interlocutory Order Granting Provisional Relief Pending Arbitration

July 17, 2007 by Carlton Fields

This case arose out of a reinsurance contract between Scottish Re Life Corporation (“Scottish Re”) and Annuity and Life Reassurance Ltd. (ALR). The contract required ALR to maintain significant assets in a trust for Scottish Re’s benefit. In 2005, Transamerica Occidental Life Insurance Company (“Transamerica”) assumed all of ALR’s obligations to Scottish Re by executing a novation agreement. Scottish Re agreed to release its interest in the trust to Transamerica as part of the novation agreement, not realizing at that time that Transamerica was not licensed or accredited by the State of New York. That fact affected Scottish Re’s financial status and ability to do business in New York. Scottish Re filed a motion to compel arbitration and for provisional and/or injunctive relief. The trial court issued an order directing arbitration and for provisional remedies, requiring Transamerica to either repudiate its claim of rescission or return the assets it had received as part of the novation agreement to a qualifying trust for Scottish Re’s benefit.

Earlier this month, the North Carolina Court of Appeals allowed an appeal from the trial court’s interlocutory order. While interlocutory orders are not generally immediately appealable in state court, the Court of Appeals stated that “[g]iven the large amount of money at issue in this case, the fact that the trial court impinged appellant’s right to the use and control of those assets, and the unavoidable and lengthy delays, acknowledged by both parties, preceding actual arbitration of the matter, we hold that appellee must be granted its appeal to preserve a substantial right.” The Court of Appeals affirmed the granting of provisional remedies. Scottish Re Life Corp. v. Transamerica Occidental Life Ins. Co., No. 06 CVS 2724 (N.C. Ct. App. July 3, 3007).

Filed Under: Interim or Preliminary Relief

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