News & Events

Chaffetz Lindsey Launches Insurance/Reinsurance Report

Where Advocacy Meets Business

October 2016 – Chaffetz Lindsey’s first installment of the Insurance/Reinsurance Report is now available. The report contains recent case summaries to keep you informed on new developments, and reminded of old ones. The cases in this issue include:

New York rule on allocation and exhaustion:  Follow the contract …
Court of Appeals clarifies that policy language, rather than per se rule, determines allocation and exhaustion requirements for long-tail asbestos claims.

Ex parte communications with arbitrator cause Sixth Circuit to vacate arbitration award …
Sixth Circuit vacates reinsurance arbitration award based on ex parte communications with party arbitrator following interim award.

Out-of-state plaintiffs may invoke Connecticut’s pre-pleading security statute …
District of Connecticut finds statute requires unauthorized insurer (or reinsurer) to post security before filing pleadings in an action against it.  Statute applies regardless of plaintiff’s citizenship.

NY trial court issues rulings on follow-the-settlements and late notice …
New York Supreme Court finds that language in fac cert was “following form” rather than “follow-the-settlements” clause, and that a disadvantageous commutation was not prejudice sufficient to support a late notice defense.

To view the report in its entirety, please click here.

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Illustrations by Hank Blaustein

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Editors: Charles ScibettaSteven SchwartzKaren Baswell  |  Andrew Poplinger

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