Schiffer on Re-Insurance Podcast: Recent Episodes
Larry Schiffer
Commentary on insurance and reinsurance disputes and related issues by long-time insurance and reinsurance lawyer, consultant and author, Larry P. Schiffer of Schiffer Law and Consulting PLLC, based on his blog, Schiffer on Re-Insurance. These podcasts take my blogs and allow you to listen to the blog posts instead of read them. Go to the blog for hyperlinks if you are interested in any of the cases discussed. Some use a synthesized computer voice and some are in my own voice. All cover insurance and reinsurance disputes and related issues. I hope you enjoy these podcasts.
This episode addresses McCarran-Ferguson reverse pre-emption and the New York Convention. It is also available as a blog post: https://schifferlc.com/2023/04/11/washington-federal-court-grants-motion-to-compel-arbitration/
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This episode discusses a reinsurance case where the reinsurer's motion to dismiss a direct action was rendered moot by the insured's efforts to amend its complaint. It is also available as a blog post: https://schifferlc.com/2023/04/10/reinsurer-loses-first-motion-to-dismiss/
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This episode covers a case of personal jurisdiction and the legal issue or relatedness in a reinsurance dispute. It is also available as a blog post: https://schifferlc.com/2023/04/08/court-finds-no-personal-jurisdiction-in-reinsurance-dispute-and-dismisses-case/
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This episode discusses recent developments in COVID-19 business interruption insurance coverage litigation. It is also available as a blog post: https://schifferlc.com/2023/02/10/ninth-circuit-court-of-appeals-certifies-covid-19-question-to-the-california-supreme-court/
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This episode discusses the New York Convention and a motion to compel arbitration involving Lloyd's Syndicates. It is also available as a blog post: https://schifferlc.com/2023/01/31/arbitration-clause-upheld-in-coverage-dispute/
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This episode uses a recent reinsurance litigation to discuss why reinsurance arbitration or mediation is more efficient. This episode is also available as a blog post: https://schifferlc.com/2023/01/26/why-reinsurance-arbitration-or-mediation-is-more-efficient-than-litigation/
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This episode discusses the doctrine of collateral estoppel in the context of a reinsurance dispute. It is also available as a blog post: https://schifferlc.com/2023/01/16/reinsurer-loses-collateral-estoppel-argument-but-wins-anyway/
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This episode is my annual review of reinsurance trends from the cases issued during 2022. It is also available as a blog post: https://schifferlc.com/2023/01/10/a-brief-review-of-reinsurance-trends-in-2022/
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This episode discusses the enforcement of an arbitral subpoena. It is also available as a blog post: https://schifferlc.com/2022/11/29/sixth-circuit-affirms-subpoena-for-reinsurance-arbitration/
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This episode addresses claims of tortious interference against affiliates of runoff reinsurers. It is is also available as a blog post: https://schifferlc.com/2022/11/17/tortious-interference-claim-dismissed-again/
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This episode is about the efforts of a US ceding insurer to recover reinsurance proceeds through default judgments against a non-US government that took over for a government owned defunct reinsurer. This episode is also available as a blog post: https://schifferlc.com/2022/11/16/dont-cry-for-me-reinsurance-judgment-against-argentina-vacated/
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This episode is about a case involving a stock purchase agreement and the alleged failure to resolve old reinsurance obligations. It is also available as a blog post: https://schifferlc.com/2022/11/15/ten-years-after-when-old-reinsurance-obligations-fail/
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This episode is about whether a non-signatory to a reinsurance contract with an arbitration clause can be compelled to arbitrate. It is also available as a blog post: https://schifferlc.com/2022/11/14/reinsurers-attempt-to-compel-arbitration-against-insureds-fails/
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This episode is about who decides a time limitation issue concerning arbitrability. This episode is also available as a blog post: https://schifferlc.com/2022/11/11/limitation-on-when-arbitration-can-be-brought-for-arbitrator-to-decide/
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This episode is also available as a blog post: https://schifferlc.com/2022/09/21/second-circuit-finds-for-cedent-in-follow-the-settlements-asbestos-settlements-allocation-dispute/
This episode covers the latest follow-the-settlements decision from the Second Circuit Court of Appeals.
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This episode is also available as a blog post: https://schifferlc.com/2022/08/08/using-us-federal-courts-to-aide-in-non-us-arbitrations-dealt-a-death-blow-by-the-us-supreme-court/ In this blog post I discuss the June 2022 US Supreme Court case that ended federal court discovery assistance for non-US arbitrations.
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This episode is also available as a blog post: https://schifferlc.com/2022/07/28/without-a-contractual-relationship-claims-against-reinsurers-fail/ . This episode discusses another attempt at a direct action brought against reinsurers.
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This episode is also available as a blog post: https://schifferlc.com/2022/07/22/new-york-appeals-court-holds-follow-the-settlements-does-not-apply-when-coverage-is-beyond-the-scope-of-the-reinsured-policy/. This episode discusses a New York intermediate appellate court's analysis of the application of an express follow-the-settlements clause.
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This episode is also available as a blog post: https://schifferlc.com/2022/07/21/follow-the-fortunes-rejected-by-11th-circuit/ This episode addresses a recent case construing the follow-the-fortunes doctrine.
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This episode discusses whether there is independent federal subject matter jurisdiction on a petition to confirm or vacate an arbitration award under the Federal Arbitration Act. This episode is also available as a blog post: https://schifferlc.com/2022/06/30/federal-jurisdiction-matters-to-vacate-or-confirm-an-arbitration-award/
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This episode is also available as a blog post: https://schifferlc.com/2022/04/30/arias-us-form-plays-major-role-in-courts-decision-to-seal-documents/
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This episode is also available as a blog post: https://schifferlc.com/2022/04/22/compelling-arbitration-after-assignment/
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In this episode, discuss two new cases involving document requests in coverage disputes for reinsurance information. This episode is also available as a blog post: https://schifferlc.com/2022/03/25/courts-continue-to-order-production-of-reinsurance-information/
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In this episode I discuss a recent 8th Circuit case on whether a challenge to the premium charged to a policyholder during the pandemic could be brought in court or whether the failure to exhaust administrative remedies barred the lawsuit.
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This episode discusses the affirmance on appeal of a decision dismissing a reinsurer's complaint in a collateralized reinsurance dispute because a prior arbitration precluded further disputes.
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In this episode, which is in segments, I set out my annual review of reinsurance trends from the cases handed down in 2021. It is long.
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This episode discusses a media exclusion in a CGL policy and the meaning of broadcast.
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This episode chronicles the death of Bellefonte, a famous reinsurance case on facultative certificates and whether expenses are capped by the certificate limits.
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In this episode, I discuss an insurance liquidation case where the receiver wanted to allocate estate assets to a captive to pay claims not covered by the guaranty association.
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In this episode, I discuss a case involving manifest disregard of the law in a reinsurance arbitration.
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This episode discusses the tension between reinsurance contract wording and the parties' intent.
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In this episode we discuss a case involving a runoff reinsurer and claims brought by the cedent against affiliated service providers for tortious interference with contract.
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In this episode, we discuss a policyholder seeking coverage for a loss on property it never asked the insurer to cover.
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This episode involves a choice-of-law issue and a determination of whether the parties' contractual choice of law prevails over state anti-arbitration law.
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This episode discusses a case where the insured vs. insured exclusion precluded coverage even though there was a non-insured plaintiff.
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This episode addresses an exclusion for bodily injury arising out of weapons.
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This episode is about whether a reinsurer is a reinsurer and whether a cedent can bring statutory claims against a reinsurer in court.
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This episode concerns an effort by an insurer to block from disclosure communications with its reinsurer on the policyholder's underlying claim.
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This episode discusses a recent decision on who decides whether a dispute is timely the court or the arbitration panel. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/09/09/michigan-federal-court-holds-arbitrator-to-decide-arbitrability-timeliness-dispute/
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This episode discusses a recent Seventh Circuit case affirming an order confirming a series of arbitration awards in a reinsurance dispute. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/31/seventh-circuit-reiterates-the-great-deference-given-to-arbitral-awards/
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In this episode we discuss yet another McCarran-Ferguson reverse preemption case. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/27/puerto-rico-federal-court-compels-arbitration-under-the-new-york-convention/
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In this episode we discuss the basics of confirming a reinsurance arbitration award. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/18/confirming-a-reinsurance-arbitration-award/
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This episode discusses the recent 9th Circuit case on reverse preemption under the McCarran-Ferguson Act. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/13/ninth-circuit-compels-arbitration-holding-art-ii-sec-3-of-new-york-convention-self-executing/
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This episode discusses a recent Second Circuit reinsurance case involving costs in addition to the limits and follow-the-settlements in an asbestos settlement. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/08/03/second-circuit-rules-facultative-certificates-respond-on-a-cost-inclusive-basis-in-asbestos-dispute/
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In this episode, we discuss a recent case where an arbitrator was disqualified before the arbitration started. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/30/court-disqualifies-party-appointed-reinsurance-arbitrator-prior-to-arbitration/
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This is a small post on a case that precluded evidence of reinsurance at trial in an insurance coverage case. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/26/motion-in-limine-granted-precluding-evidence-of-reinsurance-in-insurance-coverage-trial/
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In this episode, we discuss the first COVID-19 appellate decision and its ramifications. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/09/what-does-the-first-covid-19-appellate-decision-mean/
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In this episode, we discuss the sealing of final arbitration awards. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/07/new-york-federal-court-allows-final-arbitration-award-to-remain-sealed/
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In this episode we discuss a federal case involving the role of Equitas and the liabilities of Lloyd's of London syndicates' reinsurance contracts in years before 1993. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/07/06/court-refuses-to-strike-allegations-from-counterclaims-in-reinsurance-dispute/
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This episode discusses a short appellate decision on cut-through clauses in reinsurance. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/06/23/insureds-claims-against-reinsurers-dismissed-where-reinsurance-contract-had-no-cut-through-clause/
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In this episode, I discuss a recent New York case on claim preclusion based on a prior arbitration award. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/05/27/reinsurers-claims-precluded-by-prior-arbitration-award/
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Arbitrator nondisclosure and evident partiality rarely result in an arbitration award being vacated. Find out why. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/05/05/arbitrator-disclosure-and-vacating-awards/
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Direct rights of action against a reinsurer are rare. This episode covers an unusual case where a complaint against reinsurers was not dismissed. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/05/03/tortious-interference-case-against-reinsurers-survives-motion-to-dismiss/
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Off-shore reinsurance deals in the life, annuity and long-term care industries can be problematic if the reinsurer controls the assets under investment. That could cause a problem for trustees if things go south. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/04/23/reinsurance-trustee-may-be-on-the-hook-for-breach-of-contract-and-breach-of-fiduciary-duty-damages/
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Vacating an arbitration award is a challenge. This episode briefly discusses a Summary Order from the Second Circuit reiterating this point. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/04/22/the-limits-on-challenging-an-arbitration-award-in-an-insurance-dispute/
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This episode provides an update on COVID-19 insurance coverage cases. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/12/14/while-the-covid-19-dismissals-pile-up-the-allegations-may-matter/
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This episode discusses the ramifications of false claims cases being brought against life insurance companies concerning the master death list issues raised by the states. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/12/14/new-york-life-insurers-not-off-the-hook-for-escheatment-false-claims-case/
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The Covered Agreements between the US and the EU and UK require the US to change its credit for reinsurance regulations. This episode discusses what those proposed changes mean for reinsurance disputes. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/12/16/what-the-new-proposed-credit-for-reinsurance-regulations-mean-for-reinsurance-disputes/
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In this episode I discuss an English case about arbitrator disclosures and bias. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/11/30/the-english-view-arbitrator-appointments-disclosures-and-bias/
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Excess and primary insurers sometimes clash over whether a case should have been settled. In this episode I discuss a case where the excess insurer prevailed. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/11/11/primary-insurer-loses-failure-to-settle-dispute-to-excess-insurer/
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This episode discusses a case where an insurer's attempt to rescind an insurance policy was rejected. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/12/21/when-rescission-of-an-insurance-policy-is-not-in-the-cards/
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This episode discusses a COVID_19 coverage case where a broad endorsement precluded a motion to dismiss. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/01/13/broad-policy-endorsement-dooms-motion-to-dismiss-in-covid-19-case/
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This episode discusses another court case where the court ordered the production of reinsurance information in a coverage dispute. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/04/20/the-relevance-of-reinsurance-information-in-a-coverage-dispute/
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This episode discusses a case where cedents brought claims against a reinsurer's runoff manager. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/04/20/reinsurance-runoff-managers-motion-to-dismiss-denied/
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This episode is a quick update on a recent blog post on the issue of whether the tort of bad faith extends to reinsurance. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/04/19/update-tort-of-bad-faith-in-reinsurance/
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This episode discusses the issue of late notice of claim in the context of a claims-made insurance policy under New York law. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/11/19/timely-notice-is-required-under-a-claims-made-policy-in-new-york/
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Loss of confidentiality by running to court has been a big issue in reinsurance arbitrations. This episode discusses yet another case where the arbitration award was unsealed. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/12/29/so-much-for-confidentiality-reinsurance-arbitration-award-unsealed/
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As lawyers, we should be helping arbitrators avoid ethical issues when selecting and arbitration panel. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/02/24/some-thoughts-on-how-counsels-actions-can-help-arbitrators-in-the-panel-selection-process/
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This episode covers recent cases where insurers and brokers have prevailed in COVID-19 business interruption cases. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/03/01/brokers-and-insurers-prevail-in-covid-19-coverage-action/
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In this episode, I discuss the ability of parties to delegate authority to an arbitrator to decide gateway issues of validity or formation of the arbitration agreement. The episode highlights a recent New York appellate decision on the subject. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/04/13/power-to-the-arbitrators/
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In this episode I discuss a case of forum shopping in the COVID-19 business interruption coverage cases. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/04/02/forum-shopping-and-covid-19-coverage-cases/
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This episode covers an interesting property loss case dealing with physical possession of an aircraft. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/10/01/loss-of-physical-possession-of-aircraft-held-the-efficient-physical-cause-of-loss/
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Objectively reasonable expectations prevails in an excess insurance disputes. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/09/23/objectively-reasonable-expectations-of-the-insured-prevails-improper-erosion-theory-rejected/
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This episode addresses the backlog in the courts created by the pandemic and how it affects reinsurance cases. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/03/11/reinsurance-trials-set-back-by-pandemic/
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In this episode, I discuss the recent trend in cases where parties are using the tort of bad faith against reinsurers. It has not been successful. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/03/22/tort-of-bad-faith-does-not-apply-to-a-reinsurance-relationship/
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In a recent case, a court called a workers' comp excess of loss policy issued to a self-insured group a reinsurance contract. This episode discusses whether the court was right or wrong. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/03/23/conflating-insurance-with-reinsurance/
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In this episode, I suggest some ways to clean up a balance sheet that has small balances due or owning on reinsurance contracts. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2021/03/25/cleaning-up-the-balance-sheet-why-not-resolve-lower-value-reinsurance-disputes-now/
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This episode discusses the difficulty insurance companies face in trying to avoid the duty to defend. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/09/10/the-duty-to-defend-is-hard-to-avoid/
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In another COVID-19 case, this California case discussed in this episode sets out the requirement for direct physical loss of or damage to property. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/09/02/direct-physical-loss-of-or-damage-to-property-under-california-law/
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In this episode, I discuss another of the COVID-19 business interruption cases decided in favor of the insurer, which focused on the requirement for direct physical loss of or damage to property. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/25/no-direct-physical-loss-no-coverage/
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This episode discusses what a denial of a motion to dismiss means in the COVID-19 business interruption cases. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/09/09/when-the-court-denies-a-motion-to-dismiss-covid-19/
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Multiple awards and interim awards complicate arbitrations and often confuse efforts to confirm the "final" award. This episode discusses a case that addressed this issue. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/09/02/partial-arbitration-awards-may-complicate-confirmation/
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This episode is about an interesting case where a party was arguing that a new argument was a new claim for insurance purposes. It didn't work. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/21/a-new-argument-in-a-case-is-not-a-claim-for-insurance-purposes/
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Every so often, a claim is brought by a claimant or policyholder directly against the reinsurer. Generally, that attempt fails. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/19/without-contractual-privity-claim-against-reinsurer-fails/
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In this episode, we discuss a case where the dispute was about the failure to post collateral and the ramifications of that breach of contract. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/17/to-the-cedent-summary-judgment/
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This episode discusses another case in the reverse preemption controversy over anti-arbitration laws and McCarran-Ferguson. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/13/no-reverse-preemption-leads-to-arbitration-under-the-new-york-convention/
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Periodically, claimants seek to charge reinsurers with tort liability, but it is very difficult to sustain a claim in tort in a reinsurance contract dispute. Under California law, this decision makes it clear that there is no tort liability in a reinsurance contract dispute under these facts. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/11/no-tort-liability-in-reinsurance-contract-dispute-under-california-law/
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In this podcast, I discuss one of the earlier COVID-19 cases that dismisses a policyholder's case because of a lack of direct physical loss of or damage to property. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/06/direct-physical-loss-bars-coverage-for-covid-19/
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Claims-made and occurrence policies are quite different. When they combine to insure one policyholder as primary and excess policies, determining if the excess policy is triggered is tricky. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/10/19/when-claims-made-primary-and-occurrence-excess-policies-clash/
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This podcast discusses the back-to-back presumption often assumed in reinsurance contract. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/10/back-to-back-presumption-prevails-to-key-cedents-reinsurance-recovery/
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In this podcast, I discuss a Second Circuit case that discusses ambiguity in insurance contracts. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/06/unambiguous-intellectual-property-exclusion-means-no-coverage/
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Having been a volunteer mediator for the federal court in New York City for over 28 years and having handled several mediations as a lawyer and mediator outside the court program, I thought I would express some ideas about why mediation can help resolve insurance and reinsurance disputes. I am now a member of the hearing officer/neutral panel for National Arbitration and Mediation (NAM) so please ask for me if you have a NAM proceeding. If you need a mediator or arbitrator, you can ask me or go to NAM and we will get it going and help you resolve your case. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/10/16/some-thoughts-on-insurance-and-reinsurance-mediation/
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This podcast is about a reinsurance case that addresses the follow-the-settlements doctrine in the context of a court's interpreting whether the underlying policies have been exhausted. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/10/22/exhaustion-found-ambiguous-causing-reinsurer-to-follow-the-settlement/
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When the same arbitrators appear over and over in reinsurance arbitrations, a question arises about whether the process is fair and whether the repeat arbitrators are biased. While this is not the case with most arbitrators, repeat players do raise eyebrows. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/11/24/evident-partiality-and-repeat-players-in-reinsurance-arbitrations/
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This podcast covers my thoughts on the COVID-19 insurance coverage disputes and the attempts by some to create coverage out of nothing. Reading the policy is the key and the first step to understanding coverage. If a policy only covers direct physical loss of or damage to property it means physical damage. See what you think. This episode is also available as a blog post: https://schifferonreinsuranceblog.wordpress.com/2020/08/02/why-cant-reading-the-policy-be-a-thing/. I used the computer voice so a couple of words are weird, like "policies."
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