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ENGLISH HIGH COURT ISSUES RULING ON REINSURANCE CLAIMS DISPUTE

August 9, 2007 by Carlton Fields

Reinsurers, Dornoch and others, sought a declaration that they were not liable under an Excess Physical Loss or Damage cover for losses sustained by the defendants, Mauritius Union Assurance (“MUA”), a Mauritian company which conducts both life and general insurance business. The Excess Reinsurance policy was written on a slip policy; the cover was excess 50 million Mauritian Rupees any one loss. It provided for “Premises” and “Transit” cover, but did not carry any general infidelity cover. It also provided for a 72 hour discovery period and contained a clause to follow all terms and conditions of the primary reinsurance policy.

The reinsurers argued they were not liable on the ground that the underlying losses were not of their nature within the physical loss or damage cover provided by the policy and that they were not discovered within the 72 hour discovery period. Additionally, they argued that the losses did not exceed the deductible (of MRS 50m x/s MRS 500,000) applicable to each loss under the policy.

The English High Court agreed with the reinsurers on all grounds. Specifically, it found that the reinsurers did not have any liability to MUA pursuant to the Excess Reinsurance because the described losses fell outside the scope of cover due to the fact that the losses sustained by the underlying insured were a direct result of employee infidelity. The court also concluded that none of the many losses alleged were discovered within 72 hours of their occurrence. Lastly, the court agreed that the underlying losses were not capable of meeting their applicable deductible of Maur Rup 50,000,000 any one loss. Dornoch Limited v. The Mauritius Union Assurance Company and Mauritius Commercial Bank, [2007] EWHC 155 (Comm. Feb. 6, 2007).

Filed Under: Reinsurance Claims, UK Court Opinions

DISTRICT JUDGE CONFIRMS ORDER FOR PRODUCTION OF REINSURANCE INFORMATION IN COVERAGE ACTION

August 8, 2007 by Carlton Fields

On June 15, 2007, we reported on a ruling by a United States Magistrate Judge compelling the production of a reinsurance agreement and communications with reinsurers in a coverage action. The district court has entered a fairly detailed Order denying motions seeking to vacate the Magistrate Judge's decision. The Court rejected a strict rule against the production of such information, holding that discoverability and relevance should be evaluated based upon the facts of each case. United States Fire Insurance Co. v. Bunge North America, Inc., Case No., 05-2192 (USDC D. Kansas July 23, 2007).

Filed Under: Discovery, Week's Best Posts

DISTRICT COURT DISMISSES REINSURER’S DEFAMATION COUNTERCLAIM

August 7, 2007 by Carlton Fields

Plaintiff, Missouri Professional Mutual (“MPM”) filed this suit alleging that the defendant, MRC Reinsurance (“MRC”), breached a broker agreement with the plaintiff in connection with defendant’s procurement of reinsurance on MPM’s behalf. MRC filed a counterclaim for defamation. The allegedly defamatory statements were said to assert that MRC was improperly and unethically withholding information from plaintiff. One of the allegedly defamatory statements cited in the opinion stated “…the unprofessional manner in which the MPM account has been handled clearly rests with you and ultimately your firm[.]”

The district court found that the statements, which conveyed “complaints of dissatisfaction with the handling of plaintiff’s file” were clearly capable of a meaning that was not defamatory. As such, the court “readily conclude[d] that the statements are not defamatory as a matter of law” Missouri Professionals Mutual v. MRC Reinsurance Services, Case No. 07-739 (E.D. Mo. July 12, 2007).

Filed Under: Brokers / Underwriters

COURT OF APPEALS REVERSES DISMISSAL OF REINSURANCE CONTRACT DISPUTE

August 6, 2007 by Carlton Fields

AXA Corporate Solutions sued Lumbermens Mutual for indemnity under bonds and other reinsurance agreements. After the district court dismissed the claims asserted in both the Amended Complaint and the Second Amended Complaint, the Second Circuit Court of Appeals reversed. The court of appeals found that dismisssal was inappropriate since the agreements were ambiguous as to whether they created a reinsurance obligation between the parties, and the scope of any reinsurance obligation. Such heavily fact dependent issues precluded dismissal. AXA Corporate Solutions Insurance Co. v. Lumbermens Mutual Casualty Co., Case No. 06-2923 (2d Cir. July 11, 2007).

Filed Under: Contract Interpretation, Week's Best Posts

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

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