November 24, 2020 Articles

A Second Arbitration for Claims Already Denied?

When a party asserted claim preclusion of reasserted claims that were based on a different methodology, a federal district court disagreed.

By Sheila J. Carpenter

In Certain Underwriters at Lloyd’s, London v. Century Indemnity Co., an arbitration panel upheld the reinsurers’ denial of certain claims. The ceding company later submitted the same claims using a different methodology and demanded arbitration when the reinsurers refused to pay. The reinsurers asserted claim preclusion. The U.S. District Court for the District of Massachusetts disagreed.

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