Reinsurance Focus

New York recently joined Florida in adopting a regulation approving reduced collateral for certain reinsurance agreements based largely upon the financial strength of the reinsurer. In this Special Focus article, Jorden Burt partner Anthony Cicchetti provides an analysis of the New York regulation, which takes effect January 1, 2011.

The concept of “storm warnings” triggering a duty to inquire and the starting of the running of statute of limitation periods has been prevalent in securities and other financial fraud litigation. Jorden Burt associate Paul Williams explores the application of this doctrine to reinsurance disputes in a Special Focus article.

This post written by Rollie Goss.

The doctrine of uberrimae fidei, or utmost good faith, has been invoked in reinsurance disputes for many years. In a Special Focus feature, John Pitblado explores the origins of this doctrine and its current status in the reinsurance field.

This post written by John Pitblado.

In this Special Focus article, John Pitblado addresses the impact of pre-pleading security statutes on foreign insurers and reinsurers in litigation.

This post written by John Pitblado.

On July 15, 2010, the Senate passed the Dodd-Frank Act (“DFA”), the financial regulatory modernization act that has been in the process of development and consideration by the Congress for over a year. Rollie Goss presents a Special Focus analysis of the potential impact of the DFA on the insurance and reinsurance industries and markets.

Jorden Burt will present a free webinar for Reinsurance Focus subscribers and Jorden Burt clients on the DFA’s potential impact on the insurance and reinsurance industries and markets. The webinar also will cover the potential impact of the DFA on actions by New York, Florida and potentially other states with respect to the requirement of collateral for reinsurance transactions, and the NAIC’s proposals for the regulation of reinsurance. Webinar login information will be sent to Reinsurance Focus subscribers by e-mail. To subscribe and participate in this webinar, go to our subscription page.

This post written by Rollie Goss.

The issue of arbitrator bias has been of particular interest. Two decisions were issued by judges of the same court recently, both involving Trustmark, that shed light on this issue in the context of the actual or potential breach of confidentiality provisions due to a single arbitrator participating in multiple arbitrations. Our Special Focus article explores these decisions.

This post written by John Pitblado.

The United States Supreme Court issued a long anticipated opinion last week addressing the circumstances under which parties may be compelled to arbitrate disputes on a class-wide basis. Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 2010 WL 1655826 (Apr. 27, 2010). Although we posted a brief item about this case earlier this week, this opinion is important enough that we are posting a longer Special Focus piece today describing the Court’s reasoning in more detail. This post also notes that the Court had the opportunity to address the issue of the continued viability of manifest disregard of law as a basis for vacating arbitral awards in this opinion, but declined to do so. More on that issue next week, as the Eleventh Circuit last week joined the debate on that issue.

This post written by Rollie Goss.

In this Special Focus Article, Jorden Burt parnter Roland Goss discusses the implications of the First Circuit’s recent decision in Powershare Inc. v. Syntel Inc. In this case, the court addressed the appropriate standard of review to be used by a District Court judge in reviewing a Magistrate Judge’s disposition of a motion to stay litigation pending the completion of a parallel arbitration proceeding.

In this Special Focus article, author John Pitblado addresses emerging trends and changes in the insurance-linked securities market, focusing on changes to the catastrophe bond market and the emergence of the longevity bond.

In this Special Focus article, John Pitblado provides an in-depth analysis of Century Indemnity Co. v. Certain Underwriters at Lloyd’s, London. In this decision, the Third Circuit addresses whether an agreement to arbitrate existed, and explores the tension between the presumption favoring arbitration and a party’s right to his/her day in court.