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You are here: Home / Archives for Arbitration / Court Decisions

Arbitration / Court Decisions

Court Approves Settlement of Coverage Dispute Involving Asbestos Liabilities and UK Scheme of Arrangement

August 3, 2007 by Carlton Fields

A US Bankruptcy Court has approved a settlement with a London market insurer that includes that insurer in an earlier approved settlement with insurers providing a bankrupt copper company with coverage for asbestos-related claims. The London market insurer is itself a party to a scheme of arrangement being administered in London. This opinion is an interesting intersection of the UK scheme of arrangement process and US bankruptcy laws. The motion seeking approval of the settlement contains details of the settlement and attaches copies of pertinent documents. In re ASARCO LLC, Case No. 05-21207 (US Bank. Ct. S.D. Tex. Mar. 23, 2007).

Filed Under: Reinsurance Claims, Reorganization and Liquidation

Court Finds Dispute As To Payment Of Claim Is Arbitrable

August 2, 2007 by Carlton Fields

A reinsurance contract had what is termed a narrow arbitration provision, requiring arbitration only of disputes relating to the interpretation of the contracts. The service of suit clause provided for the resolution by a court of the failure to pay an amount claimed to be due. A dispute arose as to a claim submitted under the contract, specifically whether payment should be made to the insolvent claimant or its liquidator. A US District Court has determined that since the resolution of that question requires interpreting provisions of the reinsurance contract, the dispute is arbitrable. Railroad Insurance Underwriters v. Certain Underwriters at Lloyd’s London, Case No. 07-3071 (USDC S.D.N.Y. June 4, 2007).

Filed Under: Arbitration Process Issues, Contract Interpretation

UK Court of Appeal Grants Injunction to Restrain Proceedings in a United States District Court

August 1, 2007 by Carlton Fields

On July 20, 2007, this blog reported on a dispute relating to the mass defection of fourteen facultative reinsurance brokers from the U.K. based Marsh Services Limited to Integro, a competitor. A suite was filed in US District Court in New York, which the Court declined to dismiss on jurisdiction grounds. In a parallel suit in the UK, a judge declined to enjoin the prosecution of the US action, but the UK Court of Appeals has allowed an emergency appeal, entering an injunction to restrain the US proceedings. This opinion contains an interesting discussion of the relationships between the UK and US courts, as influenced by an EU regulation relating to employment contracts. Samengo-Turner v. J & H Marsh & McLennan (Services) Limited, [2007] EWCA Civ 723 (July 12, 2007).

Filed Under: Jurisdiction Issues, UK Court Opinions, Week's Best Posts

UK Court Assesses Costs in Action Deemed Largely Fruitless

July 31, 2007 by Carlton Fields

The UK Commercial Court, Queen’s Bench Division, has assessed costs in favor of Equitas against broker Horace Holman in an action in which Equitas sought an accounting and other remedies from Horace Holman. The Court found that the action was “largely fruitless,” in part due to the status of Horace Holman’s records, but that Equitas was nevertheless entitled to have its costs paid by Horace Holman. This opinion demonstrates the different approach that UK and US courts take with respect to the assessing of the costs of litigation. Equitas Ltd. v. Horace Holman & Co., [2007] EWHC 903 (Comm) (April 27, 2007).

Filed Under: Arbitration / Court Decisions, UK Court Opinions

Bermuda Forum Section Provision Does Not Apply to Insurance Policies that were Part of an Overall Rent-a-Captive Insurance Program

July 30, 2007 by Carlton Fields

The liquidator of Legion Insurance Company and Villanova Insurance Company sued three companies to recover premiums owed for insurance provided in a rent-a-captive workers compensation insurance program. A defendant sought to move to dismiss based upon a Bermuda forum selection clause contained in a shareholder agreement it had entered into with an affiliate of the controlling shareholder of the insurance companies. The shareholder agreement was part of the overall rent-a-captive insurance program, and the insurance policies at issue were also part of that program. The district court held that the forum selection provision did not apply to the dispute over policy premiums for two reasons: (1) the forum provision was not part of the insurance policies, and hence the insurance companies were not bound by it; and (2) the forum clause, by its terms, applied only to disputes concerning the shareholder agreement, and hence did not cover disputes concerning the insurance policies. Rohrbaugh v. U.S. Management, Inc., Case No. 05-3486 (USDC E.D.N.Y. July 2, 2007).

Filed Under: Contract Interpretation, Week's Best Posts

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