Following arbitration of a dispute between parties to a coinsurance arrangement, an arbitration panel awarded attorney and arbitrator fees and costs to one party. A District Court confirmed the award, but vacated the award of fees and costs, which exceeded three million dollars, concluding that the award exceeded the arbitrators’ powers. The court relied on the terms of the coinsurance agreements, which expressly stated that “[e]ach party shall bear the expense of its own arbitrator…and related outside attorneys’ fees.” The court held that despite the breadth of the agreements to arbitrate, these provisions made clear that the arbitrators had no authority to award outside attorneys’ fees. The Court's decision is reflected in an Order, and a Judgment, with additional information about the case available in Memoranda filed by Reliastar and EMC National Life. Reliastar Life Insurance Company of New York v. EMC National Life Insurance Company, No. 06-cv-10186 (S.D.N.Y., February 13, 2007).
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