OR Header
Spring 2010 - Vol. 2, Issue 4
In This Issue
The Recent Supreme Court Decision In Stolt-Nielsen v. AnimalFeeds Does Not Decide Whether The Doctrine Of Manifest Disregard Survives Its 2008 Hall Street Ruling
 
No Coverage For An Assault In A Bar
 
Unauthorized Reinsurer Ordered to Post Pre-Pleading Security For The Amount At Issue In Federal Suit
 
Insurer Successfully Defends Motion To Dismiss/Stay Declaratory Judgment Action
Team
 Somers
James V. Somers, Esq.
Executive Editor
 
 Duncan
Coleman C. Duncan, Esq., Co-Managing Editor
 
montalbano
Tracy L. Montalbano, Esq., Co-Managing Editor
Meet Our Insurance Law Group
The Recent Supreme Court Decision In Stolt-Nielsen v. AnimalFeeds Does Not Decide Whether The Doctrine Of Manifest Disregard Survives Its 2008 Hall Street Ruling
By: Theresa W. Hajost
 
Arbitration - Pulling RopeAs those involved in resolving disputes through arbitration know, the continued viability of vacating an arbitration decision based on the arbitrators' manifest disregard of the law came into question after the Supreme Court's decision in Hall Street Associates, L.L.C. v. Mattel, Inc., 552 U.S. 576, 585-586 (2008).
 
No Coverage For An Assault In A Bar
By: James V. Somers and Tracy L. Montalbano
 
Bar-1In Mervin Harris v. Hermitage Insurance Company, 2009 Conn. Super. LEXIS 2723 (Conn. Super. Ct., J.D. of Hartford at Hartford, October 13, 2009), the Connecticut Superior Court (Aurigemma, J.) held that the defendant-insurer did not owe a duty to defend or indemnify its insured, D&S Entertainment d/b/a The Bar with No Name ("D&S"), under a commercial general liability policy.   
 
Unauthorized Reinsurer Ordered To Post Pre-Pleading Security For The Amount At Issue In Federal Suit
By: Rebecca Bailey Jacobsen 
 
Pre-Pleading SecurityOn June 22, 2009, Arrowood Surplus Lines Insurance Company ("Arrowood") filed a claim against its reinsurer, Gettysburg National Indemnity (SAC) Limited ("Gettysburg"), in the United States District Court for the District of Connecticut.  Arrowood Surplus Lines Inc. Co. v. Gettysburg Nat. Ins. Co., Civ. Act. No. 3:09-cv-972 (JCH) (D. Conn.).  Arrowood is a Delaware corporation with its principal place of business in North Carolina and a successor to Royal Surplus Lines Insurance Company ("Royal"), which was a Connecticut corporation that had its principal place of business in Connecticut.  The Defendant, Gettysburg, is a Bermuda segregated accounts company (SAC) with its principal place of business in Bermuda. 
 
Insurer Successfully Defends Motion To Dismiss/Stay Declaratory Judgment Action
By: Joseph J. Andriola and Coleman C. Duncan 
 
A common strategy of declaratory judgment defendants is to move to dismiss and/or stay an insurer's declaratory judgment action on the ground that the insurance coverage issues are more appropriately resolved in the underlying action.  Halloran & Sage attorneys Joseph J. Andriola and Coleman C. Duncan recently successfully defended such a motion in the case of Mount Vernon Fire Ins. Co. v. Linarte, et al, 2010 U.S. Dist. LEXIS 20710 (D. Conn. March 8, 2010) (Bryant, J.).