COURT DENIES SERBIAN REINSURER’S MOTION FOR RECONSIDERATION OF REMAND ORDER
In the latest development in the case of DiNallo v. Dunav Ins. Co., defendant Dunav moved for reconsideration of the Southern District of New York’s order remanding the suit to New York State Court. Dunav argued that the Court’s order overlooked the fact that Dunav Re was a Serbian reinsurance company rather than Underwriters at Lloyds. Further, Dunav Re asserted that the Reinsurance treaties were among the first entered into by the company in the US and it lacked the sophistication and expertise of insurance companies who regularly did business in London or the US. Dunav Re additionally argued that it thought that the Service of Suit provision was “required by law” and that none of the parties indicated that Dunav Re was being asked to waive its removal rights. The Court determined that, given the strict standard for motions for reconsideration, Dunav Re had failed to demonstrate that the Court had overlooked important factors. Further, to the extent that Dunav Re grounded its motion on previously unconsidered issues, the motion for reconsideration was untimely. Dunav Re’s motion was denied. DiNallo v. Dunav Ins. Co., Case No. 09-5575 (S.D. N.Y. Feb. 1, 2010).
This post written by John Black.
