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- Title
INSURANCE--REINSURANCE--ARBITRATOR DISQUALIFICATION--PARTY--APPOINTED ARBITRATOR --TRIPARTITE ARBITRATION PANEL-- INJUNCTIVE RELIEF.
- Abstract
This article presents information about a court case wherein the court ruled that removing party failed to show that relief sought by opposing party to disqualify a party-appointed arbitrator was precluded as a matter of law. Since the arbitrator was more than a nominal party, diversity jurisdiction was defeated, and the matter was remanded to state court. Metropolitan Property and Casualty Insurance Co. entered into a master agreement with J.C. Penny Casualty Insurance Co. to purchase Penny's property and casualty insurance business. Pursuant to the agreement, the parties also entered into a reinsurance agreement wherein Metropolitan agreed to reinsure several of Penny's other insurance sectors for which reserves were carried on Penny's books. A dispute arose in connection with the reinsurance agreement. Pursuant to the master agreement, Metropolitan demanded arbitration and requested that Penny name an arbitrator. Penny selected D.J. Mcnamara as its arbitrator. But Metropolitan accused him of being partial and filed a case against him. The action was removed to federal court and Metropolitan moved for a remand.
- Subjects
ARBITRATION &; award; ARBITRATORS; REINSURANCE; METROPOLITAN Property &; Casualty Insurance Co.; J.C. Penney Casualty Insurance Co.; INSURANCE companies
- Publication
Arbitration Journal, 1992, Vol 47, Issue 3, p67
- ISSN
0003-7893
- Publication type
Article