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Posts Tagged ‘reinsurance disputes’

Pine Top Receivables, LLC v. Banco De Seguros Del Estado:  The Seventh Circuit Exorcises some Ghosts of Reinsurance Past, but has it Summoned an Erie Ghost of Reinsurance Future?

November 22nd, 2014 Appellate Jurisdiction, Appellate Practice, Arbitrability, Arbitration Agreements, Arbitration Practice and Procedure, Collateral Requirements for Unauthorized Reinsurance, Contract Interpretation, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, FAA Chapter 3, Federal Courts, Foreign Sovereign Immunities Act, Insolvency Proceedings, Inter-American Convention on International Commercial Arbitration, McCarran-Ferguson Act, New York Convention, Panama Convention, Pre-Answer Security, Reinsurance Arbitration, Reinsurance Claims, Reinsurance Litigation, Security Requirements, Unauthorized Reinsurance, United States Court of Appeals for the Second Circuit, United States Court of Appeals for the Seventh Circuit, United States Supreme Court Comments Off on Pine Top Receivables, LLC v. Banco De Seguros Del Estado:  The Seventh Circuit Exorcises some Ghosts of Reinsurance Past, but has it Summoned an Erie Ghost of Reinsurance Future?

Part II: What Transpired in Pine Top?

 

In our last post on  Pine Top Receivables, LLC v. Banco De Seguros Del Estado, ___ F.3d ___, Nos. 13-1364/2331, slip op. (7th Cir. Nov. 7, 2014) (per curiam) (here), we offered our take on the case and what it might mean, particularly as respects the Court’s suggestion that state pre-answer security statutes may be procedural under the Erie doctrine, possibly inconsistent with federal procedural law and thus inapplicable in diversity cases. Now let’s take a closer look at what transpired in Pine Top, for even apart from the Court’s allusion to a possible Erie doctrine issue (our Erie ghost of reinsurance future), it involved a number of classic reinsurance issues (our ghosts of reinsurance past), as well as a notable appellate jurisdiction issue and the question whether the assignee of the insolvent ceding company acquired the right to demand arbitration against the reinsurer.  Continue Reading »

Introducing Loree Reinsurance and Arbitration Law Forum Guest Blogger Peter A. Scarpato, Esq.

May 14th, 2009 General, Guest Posts, Mediation, Reinsurance Mediation 2 Comments »

This week we are delighted and honored to feature Peter A. Scarpato, Esq. as a guest blogger on the Forum.  I have known Peter since 1990, when he was the General Counsel of American Centennial Insurance Company in run-off, and I was an associate at Miller, Singer, Raives & Brandes, P.C.   We have stayed in touch over the years and have worked together on matters where Peter was the key client contact, both at American Centennial, and later, at the American International Group. 

Currently the President of Conflict Resolved, LLC, Peter is a full-time ADR professional who has extensive experience as an arbitrator, umpire, counsel, mediator and negotiator in hundreds of reinsurance and other commercial disputes, settlements and commutations.  He is a run-off specialist for all forms of property and casualty insurance and reinsurance; warranty; surety; and various types of program business.  He is an ARIAS-U.S. certified arbitrator and mediator who also holds ADR certifications or positions for FINRA Dispute Resolution (formerly the National Association of Securities Dealers (NASD));  Executive Mediator Services; Reinsurance Association of America (RAA); Construction Dispute Resolution Services LLC; the United States District Court for the Eastern District of New York; New York State Supreme Court – Commercial Division; and Case Closure, LLCContinue Reading »