Searching Content indexed under Trials & Appeals & Compensation by Jason R. Brost ordered by Published Date Descending.
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Florida Court Finds That Arbitration Agreement Broadening Judicial Review Violates Florida Public Policy
In a lawsuit brought by a contractor against a subcontractor and its insurer, Florida's Fourth District Court of Appeals found a provision in an arbitration agreement allowing for a broad ranging review of any arbitration award to be void as a matter of law and policy.
United States
12 Dec 2018
UK Court Considers Whether Payment Of Insurance Claim Violates Iran Sanctions
The insurer argued that paying this claim would expose it to sanctions based on US sanctions barring the provision of services to Iran.
5 Nov 2018
Contract Claims Dismissed Against Reinsurers And Reinsurance Service Providers, But Negligence Claim Against Service Providers Allowed To Go Forward
Vantage, the plaintiff, had purchased insurance from Assured Risk Transfer (ART) against the risk that a company to which Vantage had loaned $22 million would default.
United States
24 Sep 2018
Insurance Broker Must, At Its Own Expense, Produce Documents Requested By Subpoena Issued In Dispute Between Workers' Compensation Insurer And Its Insureds
A district judge in the Eastern District of California has ordered a third-party insurance broker to comply with a subpoena from defendants seeking documents related to that broker's sale of
United States
11 Sep 2018
New Jersey Tax Court Finds That Companies For Which New Jersey Is The Home State Must Pay Taxes On All Premiums Paid To Captive Insurers For U.S. Based Risks.
A tax court judge in New Jersey has handed Johnson & Johnson (J&J), and likely other New Jersey-based businesses that operate captive insurers, a significant loss in an opinion interpreting...
United States
15 Aug 2018
Northern District Of New York Allows Evidence That Follow The Fortunes Or Follow The Settlements Provision Could Be Implied In Facultative Reinsurance Certificates
The court also considered Munich's motion to preclude certain testimony by Utica's expert witnesses regarding trade usage and custom and practice in the reinsurance industry.
United States
18 Jul 2018
Food For Thought: A Review Of 2017 Litigation
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry.
United States
29 May 2018
Federal Court Denies Reinsurer's Post-Trial Motions In Long-Running Dispute Which Resulted In A Verdict In Its Cedent's Favor
The court found that such a reconsideration of the jury's factual findings was beyond its authority under Rule 60, and it denied the motion.
United States
14 Mar 2018
Second Circuit Rebuffs Attempt To Address In Federal Court Action Relief Previously Denied In State Court Suit
The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract containing an arbitration clause.
United States
20 Feb 2018
Court Rejects Motion To Seal Summary Judgment Exhibits When Moving Party Fails To Provide Sufficient Factual Justification For Such Sealing
Utica Mutual Insurance Company's request that numerous exhibits filed in support of summary judgment be sealed has been rejected by a federal district court, which found that Utica's general statements ...
United States
23 Jun 2017
District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias
The district court began with the question of it jurisdiction over the matter, repeating the well-established rule that the Federal Arbitration Act does not create an independent basis for jurisdiction in federal court.
United States
11 Apr 2017
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