Business Services Industry
OPPOSING VIEW ON JURISDICTION: JUDGE SAYS POLICYHOLDERS MAY NOT SUE LLOYD'S IN FEDERAL COURT.
Business Insurance, August, 1999 by WOJCIK, JOANNE
NEW YORK-Can a policyholder sue Lloyd's of London in federal court or not? That is the question prompted by a recent U.S. District Court decision. While the U.S. District Court for the Southern District of New York had earlier ruled in Squibb vs. Accident & Casualty that policyholders can use the federal courts to sue Lloyd's, another judge in the same court recently ruled just the opposite.
Judge Shira A. Scheindlin ruled Aug. 11 in Allendale Mutual Insurance Co. vs. Excess Insurance Co. Ltd. that federal court was not the proper jurisdiction for the four-year-old coverage case because 19 of the 36 syndicates named in the suit included individual underwriting members-known as names-from the plaintiff's home state of Rhode Island. Moreover, she said,...
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