Insights

Volume 4 of the CHAFFETZ LINDSEY INSURANCE/REINSURANCE REPORT Now Available

Where Advocacy Meets Business

August 2018 – The fourth installment of Chaffetz Lindsey’s 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 Court of Appeals Rejects the “Unavailability Exception.” …
Where pro rata allocation applies, the policyholder is responsible for uninsured periods – even if insurance was unavailable.

Excess policy not triggered where settlement did not exhaust underlying policy limits. …
Where excess policy requires exhaustion through “payment … by the insurers,” exhaustion cannot be shown if underlying carrier pays less than its limit.

Under the McCarran-Ferguson Act, state anti-arbitration law reverse preempts the FAA. …
Missouri statute precluding arbitration of insurance disputes deprived federal court of jurisdiction over action governed by the New York Convention.

Party-appointed arbitrators held to less stringent
standards of partiality. …

The Second Circuit sets a higher bar to vacate an award based on the “evident partiality” of non-neutral arbitrators.

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

Illustrations by Hank Blaustein

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Editors: Charles Scibetta | Steven Schwartz | Andrew Poplinger | Karen Baswell

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