Thomas Orlando, Rick Cavaliere, Leslie Davis, Michael Steinlage, Deborah Russo, Tort Trial & Ins. Prac. L. J., vol. 40, no. 2, at 397 (Winter 2005). This article is part of the annual survey of developments in tort and insurance law published each winter by the ABA's Tort Trial & Insurance Practice Section.
Jens-Hendrik Janzen, Insurance Law Journal, vol. 16, no. 1 at 21 (March 2005).
Andrea Martignoni, Insurance Law Journal, vol. 16, no. 1, at 103 (March 2005).
In Positive Software Solutions, Inc. v. New Century Mortgage Corp., No. 04-11432 (Jan. 11, 2006), the United States Court of Appeals for the Fifth Circuit (in a case which did not involve reinsurance) affirmed the judgment of a District Court vacating an arbitration award due to the failure of the sole arbitrator to disclose that his law firm served as co-counsel in an unrelated case with counsel for one of the parties in 1990 – 1996. The Court found that the failure to disclose the prior relationship created a reasonable impression of possible partiality that warranted vacating the arbitration award. The evidence was undisputed that the party against which the arbitration award had been entered did not know of the relationship until after the entry of the award. On May 5, 2006, the Fifth Circuit granted a petition for rehearing en banc, setting the matter for argument in September 2006.
The United States District Court for the Western District of Missouri denied a motion by a defendant/reinsured to transfer venue of a case involving reinsurance claims, finding that the movant had not made a clear showing that the balance of interests weighed in favor of transfer. Employers Reinsurance Corp. v. Mass. Mutual Life Ins. Co., No. 06-0188 (May 4, 2006).