Industrial Risk Insurers v. Hartford Steam Boiler Inspection & Insurance

779 A.2d 737, 258 Conn. 101, 2001 Conn. LEXIS 366
CourtSupreme Court of Connecticut
DecidedSeptember 18, 2001
DocketSC 16155
StatusPublished
Cited by43 cases

This text of 779 A.2d 737 (Industrial Risk Insurers v. Hartford Steam Boiler Inspection & Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Industrial Risk Insurers v. Hartford Steam Boiler Inspection & Insurance, 779 A.2d 737, 258 Conn. 101, 2001 Conn. LEXIS 366 (Colo. 2001).

Opinion

Opinion

VERTEFEUILLE, J.

In this appeal, Industrial Risk Insurers (Industrial Risk), appeals from the judgment of the trial court denying its application to vacate an arbitration award and granting the application to confirm the award filed by Hartford Steam Boiler Inspection and Insurance Company (Hartford Steam Boiler).1 On appeal, Industrial Risk claims that the trial court improperly confirmed the arbitrator’s award because: (1) the submission to the arbitrator was restricted; and (2) the arbitration panel exceeded the scope of its authority. We conclude that the trial court properly confirmed the award and accordingly we affirm the judgment of the trial court.

The following facts and procedural history, as set forth by the trial court in its memorandum of decision, are relevant to this appeal. “The present action arises out of a catastrophic loss which occurred at the Monsanto Corporation’s [Monsanto] Chocolate Bayou plant in Alvin, Texas, on January 13, 1992 (Monsanto loss). The parties to this dispute, [Industrial Risk] and [Hartford Steam Boiler], are parties to a reinsurance [contract], A dispute arose between the parties concerning whether the Monsanto loss was covered by the reinsurance [contract]. The dispute eventually led to a complex series of arbitrations. ... At the time of the Monsanto [104]*104loss, [Hartford Steam Boiler] provided [Industrial Risk] with reinsurance for boiler and machinery coverage pursuant to a reinsurance [contract] between the parties that dated back to 1975. While [Industrial Risk] insured Monsanto for all risks, including, but not limited to, boiler and machinery losses, [Hartford Steam Boiler] reinsured [Industrial Risk] only for specific types of boiler and machinery losses. Only a portion of the coverage [Industrial Risk] afforded to Monsanto, therefore, was reinsured by [Hartford Steam Boiler]. [Industrial Risk] and [Hartford Steam Boiler] disagreed as to the nature of the Monsanto loss. [Industrial Risk] believed that the Monsanto loss was a boiler and machinery loss, which was reinsured. [Hartford Steam'Boiler], meanwhile, took the position that it was not a reinsured boiler and machinery loss. Rather, [Hartford Steam Boiler] asserted that the loss was covered by [Industrial Risk], pursuant to the nonreinsured portion of [Industrial Risk’s] insurance policy with Monsanto, and by Monsanto’s other all risk insurers.2

“[Industrial Risk] entered into an agreement with Monsanto’s all risk insurers later in 1992. Under this agreement, [Industrial Risk] and the all risk insurers would participate in an arbitration to determine whether the loss was covered by the all risk policies or by the boiler and machinery portion of [Industrial Risk’s] policy. Although [Industrial Risk] was itself an all risk insurer in addition to its status as a boiler and machinery insurer, it agreed exclusively to advocate the boiler and machinery position for the purposes of the arbitration. [Hartford Steam Boiler] contested this arrangement, and filed two civil actions in the Hartford Superior Court seeking, inter alia, to enjoin [Industrial Risk’s] all risk arbitration from proceeding.

[105]*105“After [Hartford Steam Boiler] had filed the two civil suits, [Industrial Risk] and [Hartford Steam Boiler] entered into a written settlement agreement in February, 1993. Pursuant thereto, [Hartford Steam Boiler] would drop its civil actions, and the parties would allow the pending arbitration between [Industrial Risk] and the all risk insurers—referred to in the agreement as the phase I arbitration—to continue to a final adjudication. After phase I, [Industrial Risk] and [Hartford Steam Boiler] would move on to the phase II arbitration. The phase II arbitration panel’s role was to determine ‘the identification of the terms and conditions of the reinsurance contract between [Industrial Risk] and [Hartford Steam Boiler].’. . . Following the phase II arbitration, the parties would move on to phase III where ‘the sole issue to be adjudicated . . . [was] whether any loss which [Industrial Risk] is required to pay as a result of the decision in the Phase I Arbitration is reinsured under the contract of reinsurance as identified by the Phase II Arbitration.’ . . . The settlement agreement defined the phase III arbitration as ‘a separate arbitration between [Hartford Steam Boiler] and [Industrial Risk] pursuant to ARTICLE 9 of the reinsurance agreement between Factory Insurance Association, [Industrial Risk’s] predecessor in interest, and [Hartford Steam Boiler] . . . ,3

[106]*106“The phase I arbitration proceeded without [Hartford Steam Boiler’s] participation. . . . [T]he phase I panel determined that the Monsanto loss was within the terms of [Industrial Risk’s] boiler and machinery coverage. . . . Pursuant to the panel’s determination, [Industrial Risk] was liable to Monsanto for $103 million.

“[Hartford Steam Boiler] and [Industrial Risk] then commenced phase II, and . . . the phase II panel rendered its final decision identifying the terms and conditions of the reinsurance [contract] between [Hartford Steam Boiler] and [Industrial Risk], Essentially, the phase II final award provided that the reinsurance [contract] was on a ‘following form’ basis, meaning that the terms and conditions of [Industrial Risk’s] policy with Monsanto took precedence and controlled over any conflicting terms of the reinsurance [contract].

“Before the phase III arbitration commenced, a dispute arose as to the scope of the arbitrable issues to be determined in the phase III hearing. Specifically, [Hartford Steam Boiler] claimed that it was not bound by the phase I award and was entitled to a de novo hearing concerning the nature of the Monsanto loss in the phase III arbitration. When the phase III panel decided that it would conduct an evidentiary hearing to determine whether [Hartford Steam Boiler] was entitled to a de novo hearing, it became apparent that the parties disagreed as to the scope of the phase III panel’s authority to decide the de novo issue. [Hartford Steam Boiler] contended that the court, not the phase III panel, should decide the de novo issue, while [Industrial Risk] argued that the panel could conduct the evidentiary hearing.

“Because of this dispute, [Hartford Steam Boiler] filed a motion to stay arbitration. . . . [T]he court ruled that the phase III panel, rather than the court, had the authority to decide whether to afford [Hartford [107]*107Steam Boiler] a de novo hearing concerning the nature of the Monsanto loss and whether it would be bound by the phase I final award. . . . Pursuant to that ruling, the phase III panel conducted a preliminary hearing to determine whether [Hartford Steam Boiler] would be entitled to a de novo hearing in the phase III arbitration. After the hearing, the phase III panel agreed with [Hartford Steam Boiler] and issued an interim award to that effect: ‘Having considered the submissions of the parties, including prehearing memoranda, exhibits, testimony of witnesses] and arguments of counsel at the preliminary hearing . . . and after due deliberation, the majority of the Panel has concluded that [Hartford Steam Boiler] is not estopped by the Phase I Final Award from taking exception to the loss adjustment made by [Industrial Risk], and that [Hartford Steam Boiler] is entitled under Article 9 of the Reinsurance Agreement to a de novo hearing on that issue as part of the Phase III hearing before this Panel.’ ... By letter . . .

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Cite This Page — Counsel Stack

Bluebook (online)
779 A.2d 737, 258 Conn. 101, 2001 Conn. LEXIS 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/industrial-risk-insurers-v-hartford-steam-boiler-inspection-insurance-conn-2001.