Search Results for: illinois

Reinsurance

District Court Dismisses Claims Against Reinsurer Based On Res Judicata Effect Of Prior Federal Arbitration Award.

Guarantee Trust Life Ins. Co. v. First Student Programs, LLC. et. al.

(United States District Court, Northern District Illinois, Eastern Division, September 8, 2009)

At issue in this reinsurance action is the res judicata effect of a prior arbitration award on the pending suit and whether insured’s compliant is barred by the arbitration award that resolved the dispute between reinsurer and the primary insurer.   Specifically, Guarantee Trust Life Insurance Company (GTL), which provides health insurance to college students, brought this lawsuit for reinsurance …

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Reinsurance

Liberty Mutual Files New Complaint Against AIG For Alleging Underreporting Reinsurance Pool

National Council of Compensation Insurance, Inc. v. AIG et al (Northern District of Illinois, August 31, 2009)

Just a few days after District Court Judge Gettleman dismissed the lawsuit initiated by the National Workers' Compensation Reinsurance Pool for lack of standing, Liberty Mutual Insurance Co., among several other insurance companies, filed a new lawsuit against AIG on August 31, 2009 based upon the same facts.  Liberty Mutual alleges to have standing as being a member of the pool. 

The lawsuit alleges that AIG falsely provided false reports …

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Uncategorized

CaseWatch Cases for August 31, 2009 Edition

Download Allstate Insurance Company v. Miller

Download Alta Bates Summit Medical Center v. United of Omaha Life Ins. Co.

Download American National v. York County

Download American Safety Indem. Co. v. 612 Realty, LLC

Download America's Recommended Mailers Inc. v. Maryland Casualty Co.

Download AT&T v. Certain Underwriters at Lloyd's

Download City of Ilwaco v. Affiliated FM Ins. Co

Download Colon v. US Liability Ins. Group

Download Colony Ins. Co. v. Georgia Pacific, LLC

Download Colony Ins. Co. v. Pearl River Basin Land & Development …

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Reinsurance

District Court Dismisses One Billion Dollar Complaint Against AIG Due to Lack of Standing

NATIONAL COUNCIL ON COMPENSATION INSURANCE, INC. V. AIG, ET AL

(NORTHERN DISTRICT OF ILLINOIS AUGUST 20, 2009)

 

The issue before the district court is whether the National Council of Compensation Insurance, Inc. (“NCCI”) had standing to assert claims involving a National Workers Compensation Reinsurance Pool (“Pool”).  The Pool is an unincorporated active association that provides an insurance company with a means of complying with residual market requirements.  To become part of the Pool, insurers must execute a contract stating that the NCCI …

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Reinsurance / Reinsurance Review

Cases Cited in Goldberg Segalla’s Reinsurance Review – July 2009 Edition

Supreme Court Decision – Download Stolt-Nelsen.v.AnimalFeed

Fifth Circuit Decision – Download Saipem.v.Wellington

Northern District of Illinois Decision - Download In.re.arbitration.in.London

Southern District of New York Decision - Download TIG.v.Century.Indemnity.Order

State of California, Fourth Appellate District Decision – Download Ceradyne.v.Argonaut.Insurance.Co

United Kingdom Decision – Download Flexsys America.v.XL Insurance

United Kingdom Decision – Download Youell.v.La Reunion

Download Nonadmitted and Reinsurance Reform Act of 2009

For more information, please contact Jeffrey Kingsley at [email protected] …

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Emerging Issues

NJ Court Awards Counsel Fees to Prevailing Policyholder For Out of State Declaratory Judgment Actions

Myron Corp. v. Atlantic Mutual Ins. Corp., A-5528-07T2; App. Div. (Reisner, J.A.D.) (June 5, 2009)

Plaintiff policyholder obtained a commercial policy from defendant insurer. As part of the policyholder’s business, it sent various faxes to business throughout the country which prompted lawsuits against it for violation of a federal statute against junk faxes. The policyholder requested defense and indemnification from the insurer for the out-of-state lawsuits. The insurer defended the policyholder, but commenced two  declaratory judgment actions in Illinois seeking a declaration that there was no coverage under its …

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Policy Conditions, Considerations, Construction, and Formation

Seventh Circuit Rules Policyholder not Entitled to Coverage for Counsel Chosen Without Insurer Approval

National Cas. Co. v. Forge Industrial Staffing Inc.

(7th Cir. [ Ill.] June 3, 2009)

A policyholder declined to accept insurer-appointed counsel to defend it against claims before the Equal Opportunity Employment Commission because it was fearful that the insurer would control the defense in such a way that would preclude coverage.  The court held that the underlying claims were not mutually exclusive, one of which would be covered and one of which would not be covered.  As such, appointment of conflict counsel was …

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Legislative Update

Legislative Update for All U.S. States

Connecticut

Senate Bill 212

(Introduced Jan. 21, 2009; Last Action May 19, 2009)

This bill prohibits insurers from charging a cancellation fee when an insured cancels its automobile liability insurance policy if the insured has been a customer of the insurer for at least one year.

Florida

House Bill 845

(Introduced Feb. 11, 2009; Last Action May 19, 2009)

This bill relates to self insurance funds and requires an application for Workers Compensation coverage issued by a group self insurance fund to notify applicants that …

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Legislative Update

Recent Insurance Related Legislation

California Senate Bill 119

(Introduced Feb. 2, 2009, Last Action May 5, 2009)

This bill deletes the expiration date for existing law that prohibits the bringing of an action for statements made in bad faith against an insurer issuing professional liability insurance policies to health care providers unless the statement was made under a specified circumstance.

Connecticut Senate Bill 212

(Introduced Jan. 21, 2009, Last Action May 5, 2009)

This bill prohibits the cancellation fee for certain automobile liability insurance policyholders.

Connecticut Senate Bill 961 …

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Reinsurance

STAY DENIED PENDING ARBITRATION BECAUSE AGREEMENT DOES NOT CONTAIN AN ARBITRATION PROVISION

EASTERN DISTRICT OF ILLINOIS

CONTINENTAL CAS. CO. V. COMMERCIAL RISK RE-INSURANCE CO.

(CIVIL ACTION NO.: 07-C-6912, April 15, 2009)

 

Defendants filed an application for a pre-trial stay pending arbitration and application to appoint a referee regarding several reinsurance agreements and a separate "commutation agreement." Pursuant to the "commutation agreement," certain reinsurance agreements between the parties were terminated by consent. Under that agreement, it contained the provision that the parties would submit to the exclusive jurisdiction of the State of Illinois. The "commutation agreement" did …

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