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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ACE PROPERTY & CASUALTY INSURANCE COMPANY v. AXA RE

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
1:11-cv-07050 Search Pacer
Opposing Party: 
Ace Property & Casualty Insurance Company
Court Type: 
Federal
US District Court: 
Southern District of New York
Date Filed: 
Oct 6 2011

"Arbitration and Awards

19. Illinois Union and ACE P&C sought recoveries from AXA Re under the Illinois Union Contracts and the ACE P&C Contracts. See Rush Decl. at 14.

20. AXA Re disputed its liability under the contracts. See Rush Decl. at f 5.

21. On February 2, 2006, and pursuant to relevant arbitration provisions, ACE submitted an arbitration demand regarding the disputed recoveries from AXA Re. See Rush Decl. at If 6.

22. Each party appointed an arbitrator, and the umpire was chosen in accordance with the arbitration clause in the contracts. See Rush Decl at f 7.

23. The parties held a telephonic Organizational Meeting on March 10, 2010. See Rush Decl. at 11 8.

24. The parties and the Arbitration Panel agreed at the Organizational Meeting to be bound by a Confidentiality Agreement whereby the parties and Panel agreed not to disclose "Arbitration Information" to third parties except as set forth in the Confidentiality Agreement. See Rush Decl. at If 9.

25. Pursuant to the Confidentiality Agreement, the parties agreed that, subject to courtapproval, any submissions of Arbitration Information to a court in connection with a petition toconfirm, modify or vacate an award shall, be filed under seal. See Rush Dec), at lj 9. Inaccordance with the Confidentiality Agreement, ACE has filed a separate Motion to Seal thewithin Petition to Confirm Arbitration Awards.

26. Following the Organizational Meeting, the parties engaged in document discovery. By agreement, there were no depositions. See Rush Decl. at 1 10.

27. An arbitration hearing was conducted in New York on October 12 and 13, 2010,at which time the parties presented evidence by way of documents and testimony. See RushDecl. atf 11.

28. Closing arguments were made on October 13, 2010. See Rush Decl. at f 12.

29. Following deliberations, the Panel issued an Order on October 16, 2010 (the "October 16, 2010 Award"). See Rush Decl. at 113.

30. On February 1, 2011, a further hearing was held in New York City at which time counsel for both parties made oral presentations. See Rush Decl. at f 14.

31. On February 3, 2011, the Arbitration Panel issued an Award (the "February 3, 2011 Award"). See Rush Decl. at f 15.

32. AXA Re has not moved to vacate, modify or correct the October 16, 2010 Award or the February 3, 2011 Award. See Rush Decl. at *f 16.

33. For the reasons set forth herein and in the accompanying Memorandum of Law, the October 16, 2010 Award and the February 3, 2011 Award should be confirmed.

34. Wherefore, ACE respectfully requests that the Court enter an order pursuant to 9 U.S.C. § 207 confirming the October 16, 2010 Award and the February 3, 2011 Award and directing that judgment be entered thereon."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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