Hartford Accident & Indemnity Co. v. Swiss Reinsurance America Corp.

246 F.3d 219
CourtCourt of Appeals for the Second Circuit
DecidedApril 16, 2001
DocketDocket Nos. 00-7149(L), 00-7150(CON)
StatusPublished
Cited by5 cases

This text of 246 F.3d 219 (Hartford Accident & Indemnity Co. v. Swiss Reinsurance America Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hartford Accident & Indemnity Co. v. Swiss Reinsurance America Corp., 246 F.3d 219 (2d Cir. 2001).

Opinion

PARKER, Circuit Judge:

Plaintiffs-Appellants Hartford Accident & Indemnity Company and certain of its numerous affiliates (collectively “Hartford”) appeal from two orders of the United States District Court for the Southern District of New York (Jed S. Rakoff, Judge), dated January 12, 2000 and March 6, 2000, respectively, granting in part and denying in part Hartford’s motion to compel arbitration of claims against Defendant Appellee Swiss Reinsurance America Corporation (“SRA”) pursuant to the terms of a series of “Blanket Casualty Treaty” rein[221]*221surance contracts between the parties and the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”).1 See Hartford Accident & Indem. Co. v. Sunss Reinsurance Am. Corp., 87 F.Supp.2d 800 (S.D.N.Y.2000). Because we conclude that all of Hartford’s claims fall within the scope of the applicable arbitration clauses and that SRA has consented to consolidation of certain claims before a single arbitration panel, we hold that the district court should have compelled arbitration of all of Hartford’s claims in the manner delineated below.

I. BACKGROUND

Hartford, an insurance company, commenced this action to compel arbitration of claims against SRA, a reinsurance company. The claims arise out of a series of “Blanket Casualty Treaty” contracts (the “blanket contracts”) covering the period 1924 through 1983, under which SRA agreed to reinsure Hartford for certain liabilities. The liabilities at issue in the instant litigation concern sums paid by Hartford to its various insureds for environmental pollution claims.

A. Dispute Resolution History

After negotiations failed to resolve the parties’ dispute over whether and to what extent SRA owed reimbursement to Hartford, both sides demanded arbitration pursuant to mandatory arbitration clauses2 in each of the blanket contracts. Hartford demanded arbitration to resolve the disputes over numerous unpaid claims; by contrast, SRA demanded arbitration of only one claim, which involved reimbursement to Hartford for amounts paid to Reichhold Chemicals. Hartford and SRA refused to participate in the arbitration demanded by the other, and each party filed an action in the Southern District of New York to compel arbitration under its own terms. The parties eventually settled that action pursuant to an agreement (the “1998 Agreement”), which resolved certain non-pollution claims and provided a framework for negotiations over an alternative dispute resolution procedure for resolving the pollution claims. The 1998 Agreement also provided that if such negotiations were unsuccessful, then either party could demand arbitration “in accordance with the written arbitration agreements contained in the [blanket] contracts.”

In March 1999, the parties exchanged renewed arbitration demands, but each refused (again) to participate in the arbitration demanded by the other. On September 3, 1999, the parties filed the instant civil actions below, which the district court consolidated.

In its action (No. 99-CV-9453), Hartford sought, inter alia, to compel arbitration of the following:

Count 1 A difference or dispute has arisen between the parties regarding the manner in which the [blanket contracts] respond to Environmental Claims. This difference or dispute is raised with respect to numerous Environmental Claims, including (but not limited to) the claims identified in Counts 2 and 3. [222]*222Hartford will ask the panel to decide and declare whether an Environmental Claim that is allocated by Hartford to two or more underlying Hartford policy periods must be allocated and billed to the [blanket contracts] on the basis of one limit and retention per occurrence for each such underlying policy period, one limit and retention per occurrence for all such underlying policy periods, or on some other basis.
Count 2 Hartford has presented to SRA billings under the [blanket contracts] for payments in connection with Environmental Claims which SRA has not paid, including (but not limited to) billings for payments made in connection with [34] insureds.... Hartford seeks to recover the sums it has billed SRA on these claims, or such other amounts as are owed as a result of the [Arbitration] Panel’s decision on Count 1. Hartford specifically reserves the right to supplement the list of claims under this Count 2 and the amounts billed on these claims.
Count 3 As a result of Hartford’s position on the difference or dispute identified in Count 1, certain Environmental Claim payments it has made have not resulted in a billing to SRA, including (but not limited to) payments made in connection with [73] insureds.... To the extent the [Arbitration] Panel’s determination under Count 1 as to how Environmental Claims should be allocated to the [blanket contracts] results in such claims being billable to SRA, Hartford will seek payment on such claims in the arbitration. Hartford specifically reserves the right to supplement the list of claims under this Count 3.

Hartford elaborated further that “[ble-cause Count 1 potentially implicates many, if not all, [environmental] claims under the [blanket contracts] ..., Hartford will seek a bifurcated proceeding in which Count 1 is resolved in the first phase of the arbitration and Counts 2 and 3 are resolved in the second phase.”

In its action (No. 99-CV-9475), SRA sought, inter alia, to compel arbitration of a claim Hartford billed to SRA concerning sums Hartford had paid to Reichhold Chemical Company (the “Reichhold Claim”), a claim also falling within Hartford’s Count 2.

As noted by the district court,
[t]he central dispute underlying these now-consolidated lawsuits is over whether each of Hartford’s pending claims for reimbursement by [SRA] is subject to separate arbitration or whether the arbitration panel must first decide a calculation issue that Hartford contends is common to all such claims, both pending and prospective.

Hartford, 87 F.Supp.2d at 301. The allegedly common calculation issue concerns whether Hartford may bill SRA in a manner that corresponds to the way in which Hartford paid the pollution claims of its insureds. Apparently, Hartford paid the pollution claims of its insureds by allocating the damage over multiple years because the injury or damage incurred by its insureds allegedly occurred over multiple policy years. According to Hartford, SRA has rejected Hartford’s allocation of claims to multiple years and, instead, insisted that each claim be aggregated into a single year. Because the reinsurance provided by SRA is subject to deductibles (called “retentions”) and “per-accident” or “per-oceurrence” limitations, the manner in which claims are billable and payable is critical. The parties also dispute whether Hartford’s Count 3 is arbitrable under the governing documents because Hartford has not yet billed and SRA has not rejected the claims identified in Count 3, which Hartford asserts would be billable to and [223]*223payable by SRA if the blanket agreements are determined to provide for the “aggregate” billing method allegedly advanced by SRA.

B. The Arbitration Provisions

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Bluebook (online)
246 F.3d 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hartford-accident-indemnity-co-v-swiss-reinsurance-america-corp-ca2-2001.