Shows
The Edge of Risk Podcast by IRMIReinsurance Contracts 101: Say What You Mean, Mean What You SayReinsurance can be complex and confusing. However, in this 21-minute episode of The Edge of Risk Podcast by IRMI, Larry Schiffer, attorney at Schiffer Law & Consulting PLLC, helps you understand the basics. In plain talk, Mr. Schiffer breaks down important reinsurance concepts as they relate to agricultural risks. After this podcast, you'll understand the importance of Mr. Schiffer's philosophy of "say what you mean, and mean what you say."
2025-09-1121 min
Schiffer on Re-Insurance PodcastWashington Federal Court Grants Motion to Compel ArbitrationThis 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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2023-04-1102 minSchiffer on Re-Insurance PodcastReinsurer Loses First Motion to DismissThis 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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2023-04-1003 minSchiffer on Re-Insurance PodcastCourt Finds No Personal Jurisdiction in Reinsurance Dispute and Dismisses CaseThis 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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2023-04-0802 minSchiffer on Re-Insurance PodcastNinth Circuit Court of Appeals Certifies COVID-19 Question to the California Supreme CourtThis 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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2023-02-1006 minSchiffer on Re-Insurance PodcastArbitration Clause Upheld In Coverage DisputeThis 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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2023-01-3104 minSchiffer on Re-Insurance PodcastWhy Reinsurance Arbitration or Mediation Is More Efficient Than LitigationThis 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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2023-01-2702 minSchiffer on Re-Insurance PodcastReinsurer Loses Collateral Estoppel Argument But Wins AnywayThis 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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2023-01-1603 minSchiffer on Re-Insurance PodcastA Brief Review of Reinsurance Trends in 2022This 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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2023-01-1028 minSchiffer on Re-Insurance PodcastSixth Circuit Affirms Subpoena For Reinsurance ArbitrationThis 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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2022-11-2903 minSchiffer on Re-Insurance PodcastTortious Interference Claim Dismissed AgainThis 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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2022-11-1703 minSchiffer on Re-Insurance PodcastDon’t Cry For Me – Reinsurance Judgment Against Argentina VacatedThis 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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2022-11-1602 minSchiffer on Re-Insurance PodcastTen Years After – When Old Reinsurance Obligations FailThis 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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2022-11-1502 minSchiffer on Re-Insurance PodcastReinsurer’s Attempt to Compel Arbitration Against Insureds FailsThis 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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2022-11-1402 minSchiffer on Re-Insurance PodcastLimitation on When Arbitration Can Be Brought For Arbitrator to DecideThis 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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2022-11-1101 minSchiffer on Re-Insurance PodcastSecond Circuit Finds for Cedent in Follow-the-Settlements Asbestos Settlements Allocation DisputeThis 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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2022-09-2103 minSchiffer on Re-Insurance PodcastUsing US Federal Courts to Aide in Non-US Arbitrations Dealt a Death Blow By the US Supreme CourtThis 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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2022-08-0803 minSchiffer on Re-Insurance PodcastWithout a Contractual Relationship, Claims Against Reinsurers FailThis 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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2022-07-2803 minSchiffer on Re-Insurance PodcastNew York Appeals Court Holds Follow-the-Settlements Does Not Apply When Coverage Is Beyond the Scope of the Reinsured PolicyThis 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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2022-07-2202 minSchiffer on Re-Insurance PodcastFollow-the-Fortunes Rejected By 11th CircuitThis 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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2022-07-2103 min
Schiffer on Re-Insurance PodcastFederal Jurisdiction Matters to Vacate or Confirm an Arbitration AwardThis 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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2022-06-3003 minSchiffer on Re-Insurance PodcastARIAS US Form Plays Major Role in Court’s Decision to Seal DocumentsThis 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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2022-05-0202 minSchiffer on Re-Insurance PodcastCompelling Arbitration After AssignmentThis episode is also available as a blog post: https://schifferlc.com/2022/04/22/compelling-arbitration-after-assignment/
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2022-04-2201 minSchiffer on Re-Insurance PodcastCourts Continue to Order Production of Reinsurance InformationIn 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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2022-03-2602 minSchiffer on Re-Insurance PodcastCOVID-19 and Insurance PremiumsIn 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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2022-02-2403 minSchiffer on Re-Insurance PodcastPrior Arbitration Precludes Law Suit Ruling Upheld on AppealThis 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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2022-02-2102 minSchiffer on Re-Insurance PodcastA Brief Review of Reinsurance Trends in 2021In 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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2022-01-1338 minSchiffer on Re-Insurance PodcastThe Meaning of Broadcasting and Its Application to a Media ExclusionThis episode discusses a media exclusion in a CGL policy and the meaning of broadcast.
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2021-12-3003 minSchiffer on Re-Insurance PodcastSecond Circuit Relegates Bellefonte to the ScrapheapThis 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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2021-12-3006 minSchiffer on Re-Insurance PodcastLiquidation Court Rejects Attempt by Receiver to Allocate Funds to a CaptiveIn 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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2021-12-2804 minSchiffer on Re-Insurance PodcastGeorgia Supreme Court Reverses and Remands Appellate Court Order Reversing Order Confirming Arbitration AwardIn this episode, I discuss a case involving manifest disregard of the law in a reinsurance arbitration.
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2021-12-2105 minSchiffer on Re-Insurance PodcastIn Reinsurance, the Contract Wording Should ControlThis episode discusses the tension between reinsurance contract wording and the parties' intent.
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2021-12-1603 minSchiffer on Re-Insurance PodcastRunoff Reinsurance Disputes and Service ProvidersIn 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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2021-12-1303 minSchiffer on Re-Insurance PodcastInsurance Coverage Only Goes So FarIn this episode, we discuss a policyholder seeking coverage for a loss on property it never asked the insurer to cover.
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2021-12-0603 minSchiffer on Re-Insurance PodcastParties' Choice of Law Prevails: Arbitration CompelledThis 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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2021-12-0603 minSchiffer on Re-Insurance PodcastInsured vs Insured Exclusion Precludes CoverageThis episode discusses a case where the insured vs. insured exclusion precluded coverage even though there was a non-insured plaintiff.
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2021-11-0404 minSchiffer on Re-Insurance PodcastWeapons Exclusion Precludes CoverageThis episode addresses an exclusion for bodily injury arising out of weapons.
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2021-10-2602 minSchiffer on Re-Insurance PodcastReinsurer Prevails in HMO Excess Reinsurance DisputeThis 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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2021-10-2003 minSchiffer on Re-Insurance PodcastNo Privilege for Information Provided to ReinsurerThis 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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2021-10-1902 minSchiffer on Re-Insurance PodcastMichigan Federal Court Holds Arbitrator to Decide Arbitrability Timeliness DisputeThis 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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2021-09-0901 minSchiffer on Re-Insurance PodcastSeventh Circuit Reiterates the Great Deference Given to Arbitral AwardsThis 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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2021-08-3104 minSchiffer on Re-Insurance PodcastPuerto Rico Federal Court Compels Arbitration Under the New York ConventionIn 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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2021-08-2702 minSchiffer on Re-Insurance PodcastConfirming a Reinsurance Arbitration AwardIn 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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2021-08-1801 minSchiffer on Re-Insurance PodcastNinth Circuit Compels Arbitration Holding Art. II, Sec. 3 of New York Convention Self-ExecutingThis 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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2021-08-1303 minSchiffer on Re-Insurance PodcastSecond Circuit Rules Facultative Certificates Respond On a Cost-Inclusive Basis in Asbestos DisputeThis 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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2021-08-0304 minSchiffer on Re-Insurance PodcastCourt Disqualifies Party-Appointed Reinsurance Arbitrator Prior to ArbitrationIn 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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2021-07-3002 minSchiffer on Re-Insurance PodcastMotion in Limine Granted Precluding Evidence of Reinsurance in Insurance Coverage TrialThis 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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2021-07-2601 minSchiffer on Re-Insurance PodcastWhat 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/
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2021-07-0903 minSchiffer on Re-Insurance PodcastNew York Federal Court Allows Final Arbitration Award to Remain SealedIn 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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2021-07-0703 minSchiffer on Re-Insurance PodcastCourt Refuses to Strike Allegations From Counterclaims in Reinsurance DisputeIn 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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2021-07-0602 minSchiffer on Re-Insurance PodcastInsured’s Claims Against Reinsurers Dismissed Where Reinsurance Contract Had No Cut-Through ClauseThis 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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2021-06-2301 minSchiffer on Re-Insurance PodcastReinsurer’s Claims Precluded By Prior Arbitration AwardIn 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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2021-05-2703 minSchiffer on Re-Insurance PodcastArbitrator Disclosure and Vacating AwardsArbitrator 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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2021-05-0504 minSchiffer on Re-Insurance PodcastTortious Interference Case Against Reinsurers Survives Motion to DismissDirect 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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2021-05-0302 minSchiffer on Re-Insurance PodcastReinsurance Trustee May Be on the Hook for Breach of Contract and Breach of Fiduciary Duty DamagesOff-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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2021-04-2404 minSchiffer on Re-Insurance PodcastThe Limits on Challenging an Arbitration Award in an Insurance DisputeVacating 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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2021-04-2202 minSchiffer on Re-Insurance PodcastWhile the COVID-19 Dismissals Pile Up, the Allegations May MatterThis 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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2021-04-2204 minSchiffer on Re-Insurance PodcastNew York Life Insurers Not Off the Hook for Escheatment False Claims CaseThis 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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2021-04-2104 minSchiffer on Re-Insurance PodcastWhat the New Proposed Credit for Reinsurance Regulations Mean for Reinsurance DisputesThe 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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2021-04-2104 minSchiffer on Re-Insurance PodcastThe English View: Arbitrator Appointments, Disclosures and BiasIn 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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2021-04-2105 minSchiffer on Re-Insurance PodcastPrimary Insurer Loses Failure-to-Settle Dispute to Excess InsurerExcess 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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2021-04-2103 minSchiffer on Re-Insurance PodcastWhen Rescission of an Insurance Policy Is Not in the CardsThis 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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2021-04-2103 minSchiffer on Re-Insurance PodcastBroad Policy Endorsement Dooms Motion to Dismiss in COVID-19 CaseThis 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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2021-04-2103 minSchiffer on Re-Insurance PodcastThe Relevance of Reinsurance Information in a Coverage DisputeThis 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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2021-04-2003 minSchiffer on Re-Insurance PodcastReinsurance Runoff Manager’s Motion to Dismiss DeniedThis 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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2021-04-2002 minSchiffer on Re-Insurance PodcastUpdate – Tort of Bad Faith in ReinsuranceThis 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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2021-04-1901 minSchiffer on Re-Insurance PodcastTimely Notice Is Required Under a Claims-Made Policy in New YorkThis 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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2021-04-1602 minSchiffer on Re-Insurance PodcastSo Much for Confidentiality – Reinsurance Arbitration Award UnsealedLoss 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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2021-04-1603 minSchiffer on Re-Insurance PodcastSome Thoughts on How Counsel’s Actions Can Help Arbitrators in The Panel Selection ProcessAs 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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2021-04-1603 minSchiffer on Re-Insurance PodcastBrokers and Insurers Prevail in COVID-19 Coverage ActionThis 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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2021-04-1303 minSchiffer on Re-Insurance PodcastPower to the ArbitratorsIn 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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2021-04-1303 minSchiffer on Re-Insurance PodcastForum Shopping and COVID-19 Coverage CasesIn 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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2021-04-0202 minSchiffer on Re-Insurance PodcastLoss of Physical Possession of Aircraft Held the Efficient Physical Cause of LossThis 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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2021-04-0202 minSchiffer on Re-Insurance PodcastObjectively Reasonable Expectations of the Insured Prevails – Improper Erosion Theory RejectedObjectively 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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2021-04-0203 minSchiffer on Re-Insurance PodcastReinsurance Trials Set Back by PandemicThis 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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2021-03-3102 minSchiffer on Re-Insurance PodcastTort of Bad Faith Does Not Apply to a Reinsurance RelationshipIn 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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2021-03-3102 minSchiffer on Re-Insurance PodcastConflating Insurance with ReinsuranceIn 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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2021-03-2604 minSchiffer on Re-Insurance PodcastCleaning 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/
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2021-03-2606 minSchiffer on Re-Insurance PodcastThe Duty to Defend Is Hard to AvoidThis 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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2021-03-2303 minSchiffer on Re-Insurance PodcastDirect Physical Loss of or Damage to Property Under California LawIn 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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2021-03-2303 minSchiffer on Re-Insurance PodcastNo Direct Physical Loss, No CoverageIn 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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2021-03-2303 minSchiffer on Re-Insurance PodcastWhen the Court Denies a Motion to Dismiss – COVID-19This 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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2021-03-1106 minSchiffer on Re-Insurance PodcastPartial Arbitration Awards May Complicate ConfirmationMultiple 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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2021-03-1103 minSchiffer on Re-Insurance PodcastA New Argument in a Case Is Not a “Claim” for Insurance PurposesThis 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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2021-03-1103 minSchiffer on Re-Insurance PodcastWithout Contractual Privity, Claim Against Reinsurer FailsEvery 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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2021-03-0902 minSchiffer on Re-Insurance PodcastTo the Cedent, Summary JudgmentIn 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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2021-03-0902 minSchiffer on Re-Insurance PodcastNo Reverse Preemption Leads to Arbitration Under the New York ConventionThis 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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2021-03-0902 minSchiffer on Re-Insurance PodcastNo Tort Liability in Reinsurance Contract Dispute Under California LawPeriodically, 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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2021-03-0902 minSchiffer on Re-Insurance PodcastDirect Physical Loss Bars Coverage for COVID-19In 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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2021-03-0902 minSchiffer on Re-Insurance PodcastWhen Claims-Made Primary and Occurrence Excess Policies ClashClaims-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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2021-03-0304 minSchiffer on Re-Insurance PodcastBack-to-Back Presumption Prevails to Key Cedent's Reinsurance RecoveryThis 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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2021-03-0303 minSchiffer on Re-Insurance PodcastUnambiguous Intellectual Property Exclusion Means No CoverageIn 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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2021-03-0103 minSchiffer on Re-Insurance PodcastSome Thoughts on Insurance and Reinsurance MediationHaving 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...
2021-02-2604 minSchiffer on Re-Insurance PodcastExhaustion Found Ambiguous Causing Reinsurer to Follow the SettlementThis 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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2021-02-2503 minSchiffer on Re-Insurance PodcastEvident Partiality and Repeat Players in Reinsurance ArbitrationsWhen 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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2021-02-2503 minSchiffer on Re-Insurance PodcastWhy 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."
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2021-02-2402 minSchiffer on Re-Insurance PodcastSchiffer on Re-Insurance Podcast (Trailer)---
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2021-02-2300 min
DJ & PK in the MorningAlex Schiffer, The AthleticThe 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.
2021-01-0514 min
DJ & PK in the MorningHour 2Hour 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?
2021-01-0550 min
What Happens Next in 6 MinutesImperfect Solutions for COVID, Global Logistics, Cybersecurity, and Virtual Events - 10.25.2020Co-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
2020-10-252h 06