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Showing episodes and shows of
Larry Schiffer
Shows
Schiffer on Re-Insurance Podcast
Washington Federal Court Grants Motion to Compel Arbitration
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2023-04-11
02 min
Schiffer on Re-Insurance Podcast
Reinsurer Loses First Motion to Dismiss
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2023-04-10
03 min
Schiffer on Re-Insurance Podcast
Court Finds No Personal Jurisdiction in Reinsurance Dispute and Dismisses Case
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2023-04-08
02 min
Schiffer on Re-Insurance Podcast
Ninth Circuit Court of Appeals Certifies COVID-19 Question to the California Supreme Court
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2023-02-10
06 min
Schiffer on Re-Insurance Podcast
Arbitration Clause Upheld In Coverage Dispute
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2023-01-31
04 min
Schiffer on Re-Insurance Podcast
Why Reinsurance Arbitration or Mediation Is More Efficient Than Litigation
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2023-01-27
02 min
Schiffer on Re-Insurance Podcast
Reinsurer Loses Collateral Estoppel Argument But Wins Anyway
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2023-01-16
03 min
Schiffer on Re-Insurance Podcast
A Brief Review of Reinsurance Trends in 2022
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2023-01-10
28 min
Schiffer on Re-Insurance Podcast
Sixth Circuit Affirms Subpoena For Reinsurance Arbitration
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-11-29
03 min
Schiffer on Re-Insurance Podcast
Tortious Interference Claim Dismissed Again
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-11-17
03 min
Schiffer on Re-Insurance Podcast
Don’t Cry For Me – Reinsurance Judgment Against Argentina Vacated
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-11-16
02 min
Schiffer on Re-Insurance Podcast
Ten Years After – When Old Reinsurance Obligations Fail
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-11-15
02 min
Schiffer on Re-Insurance Podcast
Reinsurer’s Attempt to Compel Arbitration Against Insureds Fails
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-11-14
02 min
Schiffer on Re-Insurance Podcast
Limitation on When Arbitration Can Be Brought For Arbitrator to Decide
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-11-11
01 min
Schiffer on Re-Insurance Podcast
Second Circuit Finds for Cedent in Follow-the-Settlements Asbestos Settlements Allocation Dispute
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-09-21
03 min
Schiffer on Re-Insurance Podcast
Using US Federal Courts to Aide in Non-US Arbitrations Dealt a Death Blow By the US Supreme Court
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-08-08
03 min
Schiffer on Re-Insurance Podcast
Without a Contractual Relationship, Claims Against Reinsurers Fail
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-07-28
03 min
Schiffer on Re-Insurance Podcast
New York Appeals Court Holds Follow-the-Settlements Does Not Apply When Coverage Is Beyond the Scope of the Reinsured Policy
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-07-22
02 min
Schiffer on Re-Insurance Podcast
Follow-the-Fortunes Rejected By 11th Circuit
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-07-21
03 min
Schiffer on Re-Insurance Podcast
Federal Jurisdiction Matters to Vacate or Confirm an Arbitration Award
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-06-30
03 min
Schiffer on Re-Insurance Podcast
ARIAS US Form Plays Major Role in Court’s Decision to Seal Documents
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-05-02
02 min
Schiffer on Re-Insurance Podcast
Compelling Arbitration After Assignment
This episode is also available as a blog post: https://schifferlc.com/2022/04/22/compelling-arbitration-after-assignment/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-04-22
01 min
Schiffer on Re-Insurance Podcast
Courts Continue to Order Production of Reinsurance Information
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-03-26
02 min
Schiffer on Re-Insurance Podcast
COVID-19 and Insurance Premiums
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-02-24
03 min
Schiffer on Re-Insurance Podcast
Prior Arbitration Precludes Law Suit Ruling Upheld on Appeal
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-02-21
02 min
Schiffer on Re-Insurance Podcast
A Brief Review of Reinsurance Trends in 2021
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2022-01-13
38 min
Schiffer on Re-Insurance Podcast
The Meaning of Broadcasting and Its Application to a Media Exclusion
This episode discusses a media exclusion in a CGL policy and the meaning of broadcast. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-12-30
03 min
Schiffer on Re-Insurance Podcast
Second Circuit Relegates Bellefonte to the Scrapheap
This episode chronicles the death of Bellefonte, a famous reinsurance case on facultative certificates and whether expenses are capped by the certificate limits. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-12-30
06 min
Schiffer on Re-Insurance Podcast
Liquidation Court Rejects Attempt by Receiver to Allocate Funds to a Captive
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-12-28
04 min
Schiffer on Re-Insurance Podcast
Georgia Supreme Court Reverses and Remands Appellate Court Order Reversing Order Confirming Arbitration Award
In this episode, I discuss a case involving manifest disregard of the law in a reinsurance arbitration. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-12-21
05 min
Schiffer on Re-Insurance Podcast
In Reinsurance, the Contract Wording Should Control
This episode discusses the tension between reinsurance contract wording and the parties' intent. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-12-16
03 min
Schiffer on Re-Insurance Podcast
Runoff Reinsurance Disputes and Service Providers
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-12-13
03 min
Schiffer on Re-Insurance Podcast
Insurance Coverage Only Goes So Far
In this episode, we discuss a policyholder seeking coverage for a loss on property it never asked the insurer to cover. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-12-06
03 min
Schiffer on Re-Insurance Podcast
Parties' Choice of Law Prevails: Arbitration Compelled
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. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-12-06
03 min
Schiffer on Re-Insurance Podcast
Insured vs Insured Exclusion Precludes Coverage
This episode discusses a case where the insured vs. insured exclusion precluded coverage even though there was a non-insured plaintiff. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-11-04
04 min
Schiffer on Re-Insurance Podcast
Weapons Exclusion Precludes Coverage
This episode addresses an exclusion for bodily injury arising out of weapons. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-10-26
02 min
Schiffer on Re-Insurance Podcast
Reinsurer Prevails in HMO Excess Reinsurance Dispute
This episode is about whether a reinsurer is a reinsurer and whether a cedent can bring statutory claims against a reinsurer in court. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-10-20
03 min
Schiffer on Re-Insurance Podcast
No Privilege for Information Provided to Reinsurer
This episode concerns an effort by an insurer to block from disclosure communications with its reinsurer on the policyholder's underlying claim. --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-10-19
02 min
Schiffer on Re-Insurance Podcast
Michigan Federal Court Holds Arbitrator to Decide Arbitrability Timeliness Dispute
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-09-09
01 min
Schiffer on Re-Insurance Podcast
Seventh Circuit Reiterates the Great Deference Given to Arbitral Awards
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-08-31
04 min
Schiffer on Re-Insurance Podcast
Puerto Rico Federal Court Compels Arbitration Under the New York Convention
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-08-27
02 min
Schiffer on Re-Insurance Podcast
Confirming a Reinsurance Arbitration Award
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-08-18
01 min
Schiffer on Re-Insurance Podcast
Ninth Circuit Compels Arbitration Holding Art. II, Sec. 3 of New York Convention Self-Executing
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-08-13
03 min
Schiffer on Re-Insurance Podcast
Second Circuit Rules Facultative Certificates Respond On a Cost-Inclusive Basis in Asbestos Dispute
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-08-03
04 min
Schiffer on Re-Insurance Podcast
Court Disqualifies Party-Appointed Reinsurance Arbitrator Prior to Arbitration
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-07-30
02 min
Schiffer on Re-Insurance Podcast
Motion in Limine Granted Precluding Evidence of Reinsurance in Insurance Coverage Trial
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-07-26
01 min
Schiffer on Re-Insurance Podcast
What Does the First COVID-19 Appellate Decision Mean?
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-07-09
03 min
Schiffer on Re-Insurance Podcast
New York Federal Court Allows Final Arbitration Award to Remain Sealed
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-07-07
03 min
Schiffer on Re-Insurance Podcast
Court Refuses to Strike Allegations From Counterclaims in Reinsurance Dispute
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-07-06
02 min
Schiffer on Re-Insurance Podcast
Insured’s Claims Against Reinsurers Dismissed Where Reinsurance Contract Had No Cut-Through Clause
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-06-23
01 min
Schiffer on Re-Insurance Podcast
Reinsurer’s Claims Precluded By Prior Arbitration Award
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-05-27
03 min
Schiffer on Re-Insurance Podcast
Arbitrator Disclosure and Vacating Awards
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-05-05
04 min
Schiffer on Re-Insurance Podcast
Tortious Interference Case Against Reinsurers Survives Motion to Dismiss
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-05-03
02 min
Schiffer on Re-Insurance Podcast
Reinsurance Trustee May Be on the Hook for Breach of Contract and Breach of Fiduciary Duty Damages
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-24
04 min
Schiffer on Re-Insurance Podcast
The Limits on Challenging an Arbitration Award in an Insurance Dispute
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-22
02 min
Schiffer on Re-Insurance Podcast
While the COVID-19 Dismissals Pile Up, the Allegations May Matter
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-22
04 min
Schiffer on Re-Insurance Podcast
New York Life Insurers Not Off the Hook for Escheatment False Claims Case
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-21
04 min
Schiffer on Re-Insurance Podcast
What the New Proposed Credit for Reinsurance Regulations Mean for Reinsurance Disputes
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-21
04 min
Schiffer on Re-Insurance Podcast
The English View: Arbitrator Appointments, Disclosures and Bias
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-21
05 min
Schiffer on Re-Insurance Podcast
Primary Insurer Loses Failure-to-Settle Dispute to Excess Insurer
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-21
03 min
Schiffer on Re-Insurance Podcast
When Rescission of an Insurance Policy Is Not in the Cards
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-21
03 min
Schiffer on Re-Insurance Podcast
Broad Policy Endorsement Dooms Motion to Dismiss in COVID-19 Case
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-21
03 min
Schiffer on Re-Insurance Podcast
The Relevance of Reinsurance Information in a Coverage Dispute
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-20
03 min
Schiffer on Re-Insurance Podcast
Reinsurance Runoff Manager’s Motion to Dismiss Denied
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-20
02 min
Schiffer on Re-Insurance Podcast
Update – Tort of Bad Faith in Reinsurance
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-19
01 min
Schiffer on Re-Insurance Podcast
Timely Notice Is Required Under a Claims-Made Policy in New York
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-16
02 min
Schiffer on Re-Insurance Podcast
So Much for Confidentiality – Reinsurance Arbitration Award Unsealed
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-16
03 min
Schiffer on Re-Insurance Podcast
Some Thoughts on How Counsel’s Actions Can Help Arbitrators in The Panel Selection Process
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-16
03 min
Schiffer on Re-Insurance Podcast
Brokers and Insurers Prevail in COVID-19 Coverage Action
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-13
03 min
Schiffer on Re-Insurance Podcast
Power to the Arbitrators
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-13
03 min
Schiffer on Re-Insurance Podcast
Forum Shopping and COVID-19 Coverage Cases
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-02
02 min
Schiffer on Re-Insurance Podcast
Loss of Physical Possession of Aircraft Held the Efficient Physical Cause of Loss
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-02
02 min
Schiffer on Re-Insurance Podcast
Objectively Reasonable Expectations of the Insured Prevails – Improper Erosion Theory Rejected
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-04-02
03 min
Schiffer on Re-Insurance Podcast
Reinsurance Trials Set Back by Pandemic
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-31
02 min
Schiffer on Re-Insurance Podcast
Tort of Bad Faith Does Not Apply to a Reinsurance Relationship
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-31
02 min
Schiffer on Re-Insurance Podcast
Conflating Insurance with Reinsurance
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-26
04 min
Schiffer on Re-Insurance Podcast
Cleaning Up the Balance Sheet: Why Not Resolve Lower Value Reinsurance Disputes Now?
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-26
06 min
Schiffer on Re-Insurance Podcast
The Duty to Defend Is Hard to Avoid
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-23
03 min
Schiffer on Re-Insurance Podcast
Direct Physical Loss of or Damage to Property Under California Law
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-23
03 min
Schiffer on Re-Insurance Podcast
No Direct Physical Loss, No Coverage
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-23
03 min
Schiffer on Re-Insurance Podcast
When the Court Denies a Motion to Dismiss – COVID-19
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-11
06 min
Schiffer on Re-Insurance Podcast
Partial Arbitration Awards May Complicate Confirmation
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-11
03 min
Schiffer on Re-Insurance Podcast
A New Argument in a Case Is Not a “Claim” for Insurance Purposes
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-11
03 min
Schiffer on Re-Insurance Podcast
Without Contractual Privity, Claim Against Reinsurer Fails
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-09
02 min
Schiffer on Re-Insurance Podcast
To the Cedent, Summary Judgment
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-09
02 min
Schiffer on Re-Insurance Podcast
No Reverse Preemption Leads to Arbitration Under the New York Convention
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-09
02 min
Schiffer on Re-Insurance Podcast
No Tort Liability in Reinsurance Contract Dispute Under California Law
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-09
02 min
Schiffer on Re-Insurance Podcast
Direct Physical Loss Bars Coverage for COVID-19
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-09
02 min
Schiffer on Re-Insurance Podcast
When Claims-Made Primary and Occurrence Excess Policies Clash
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-03
04 min
Schiffer on Re-Insurance Podcast
Back-to-Back Presumption Prevails to Key Cedent's Reinsurance Recovery
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-03
03 min
Schiffer on Re-Insurance Podcast
Unambiguous Intellectual Property Exclusion Means No Coverage
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-03-01
03 min
Schiffer on Re-Insurance Podcast
Some Thoughts on Insurance and Reinsurance Mediation
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 re...
2021-02-26
04 min
Schiffer on Re-Insurance Podcast
Exhaustion Found Ambiguous Causing Reinsurer to Follow the Settlement
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-02-25
03 min
Schiffer on Re-Insurance Podcast
Evident Partiality and Repeat Players in Reinsurance Arbitrations
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/ --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-02-25
03 min
Schiffer on Re-Insurance Podcast
Why Can't Reading the Policy Be a Thing?
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." --- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-02-24
02 min
Schiffer on Re-Insurance Podcast
Schiffer on Re-Insurance Podcast (Trailer)
--- Send in a voice message: https://podcasters.spotify.com/pod/show/larry-schiffer/message
2021-02-23
00 min
The Zone Sports Network - Utah Jazz
Alex Schiffer, The Athletic
The Athletic's Brooklyn Nets writer Alex Schiffer joined DJ & PK Tuesday morning to preview the Nets' game against the Utah Jazz at the Barclays Center tonight.
2021-01-05
14 min
DJ & PK in the Morning
Alex Schiffer, The Athletic
The Athletic's Brooklyn Nets writer Alex Schiffer joined DJ & PK Tuesday morning to preview the Nets' game against the Utah Jazz at the Barclays Center tonight.
2021-01-05
14 min
DJ & PK in the Morning
Hour 2
Hour two of DJ & PK in the Morning for January 5, 2021: Segment 1 - What is Trending Segment 2 - Alex Schiffer, The Athletic Segment 3 - QOTD: What's the issue with Shaq vs Rudy Gobert?
2021-01-05
50 min
What Happens Next in 6 Minutes
Imperfect Solutions for COVID, Global Logistics, Cybersecurity, and Virtual Events - 10.25.2020
Co-hosts Larry Bernstein, Rick Banks and Mitch Feinman welcome the following guests for the 10.25.2020 show of What Happens Next: Joshua Schiffer, Tim Denoyer, Marc Levinson, Robert Knake, Wendy Ferber, and Howard Givner. Get full access to What Happens Next in 6 Minutes with Larry Bernstein at www.whathappensnextin6minutes.com/subscribe
2020-10-25
2h 06