X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Petitioner, Swiss Reinsurance America Corporation (“Swiss Re”), brings this Action, pursuant to 9 U.S.C. §9, to confirm a Final Interim Award arising out of an arbitration between the Parties. (Pet. to Confirm Final Award (“Pet.”) (Dkt. No. 1).) Although Swiss Re moved for an entry of default judgment, (see Dkt. Nos. 25-32), the Court treats the Petition as an unopposed motion for summary judgment, which it grants based on the underlying arbitration record. I. Background A. Factual Background Petitioner Swiss Re is a New York Corporation with its principal place of business in New York. (Decl. of Stanley V. Figura, Esq., in Supp. of Mot. (“Figura Decl.”) 3 (Dkt. No. 8).) Respondent Go Re is a Hawaii Corporation with its principal place of business in Hawaii. (Id. at 4.) The instant dispute arises out of a series of insurance and reinsurance agreements between the Parties. At the center is a company called Go Maps, Inc. (“Go Maps”), which created an app to sell, service, and manage auto insurance policies throughout the United States. (Pet. 7.) The policies it sold were issued by Topa Insurance Company (“Topa”). (Id. 8.) Swiss Re agreed to reinsure those policies pursuant to a 100 percent quota share reinsurance contract. (Id. 9.) Go Re, a company affiliated with Go Maps’ founder, then reinsured Swiss Re with respect to those same policies. (Id. 10.) Importantly, Swiss Re and Go Re signed a Retrocession Agreement whereby Go Re agreed to indemnify Swiss Re for 40 percent of any program losses. (Id.; see also Figura Decl., Ex. A (“Retrocession Agreement”) at 1.) The Retrocession Agreement also contained an arbitration clause, providing that any disputes arising out of the agreement would be heard by a panel of three arbitrators. (Id. at 23-24.) Thereafter, Go Maps experienced significant losses, which required Swiss Re to pay millions of dollars to Topa pursuant to its reinsurance agreement. (Pet. 13.) In turn, Swiss Re asked Go Re to indemnify the former for its paid losses, but Go Re refused. (Id.) Accordingly, Swiss Re initiated an arbitration against Go Re on September 8, 2022. (Id. 15.) The Parties agreed on a panel of arbitrators (the “Arbitrators” or the “Panel”), and on March 27, 2023, Swiss Re moved for an interim award. (Id. 19.) After some back and forth, the Panel twice ordered Go Re to post letters of credit. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More

We are seeking two experienced Litigation Associates with 2 to 7 years of experience to join our defense teams in our downtown New York City...


Apply Now ›

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›