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You are here: Home / Arbitration / Court Decisions / Jurisdiction Issues / ILLINOIS FEDERAL COURT DENIES MOTION TO TRANSFER WHERE CONTRACTS ENTERED INTO AND PARTY LOCATED IN ILLINOIS

ILLINOIS FEDERAL COURT DENIES MOTION TO TRANSFER WHERE CONTRACTS ENTERED INTO AND PARTY LOCATED IN ILLINOIS

August 2, 2016 by Carlton Fields

Earlier this month, a federal court in Illinois denied a motion to transfer a case to California. The motion arose out of a reinsurance dispute between the R&Q Reinsurance Company and American Insurance Company. R&Q filed its case in the Illinois federal court, and American moved to transfer the case to California, arguing that R&Q was seeking to “avail itself of Illinois’ notice laws, which arguably provide reinsurers with a less onerous path to avoid their obligations on late notice grounds.” R&Q argued that the case should remain in Illinois, among other reasons, because R&Q was based in Illinois and the reinsurance contracts were executed there. Additionally, R&Q argued that to the extent that AIC’s records were electronic, those documents and that data is “as much present in Illinois” as in California. However, R&Q noted that “this action arises out of events that transpired in at least three, and possibly 5 different states.” American replied that the key witnesses were “either in California or outside of Illinois,” continuing to make its case for a transfer to California. After an oral hearing, the court denied the American’s motion to transfer, keeping the case in Illinois. R&Q Reinsurance Co. v. American Insurance Co., Case No. 1:16-cv-4199 (USDC N.D. Ill. July 11, 2016).

This post written by Zach Ludens.

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Filed Under: Jurisdiction Issues, Reinsurance Claims, Week's Best Posts

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