Nationwide Mutual Insurance v. Westchester Fire Ins. Co.

Full title: NATIONWIDE MUTUAL INSURANCE COMPANY, Petitioner, v. WESTCHESTER FIRE…

Court: United States District Court, W.D. Wisconsin

Date published: Feb 3, 2009

08-cv-673-bbc (W.D. Wis. Feb. 3, 2009)

Opinion

08-cv-673-bbc.

February 3, 2009

ORDER

BARBARA CRABB, District Judge

Petitioner Nationwide Mutual Insurance Company has brought an application to confirm an arbitration award pursuant to 9 U.S.C. § 9. In an order entered December 31, 2009, I ordered petitioner to submit proof of diversity citizenship to establish grounds that would allow the court to exercise subject matter jurisdiction over this case. Petitioner has now responded, submitting evidence that petitioner and respondent are corporations with diverse states of citizenship and that the amount in controversy is more than $75,000. Therefore, I conclude that jurisdiction is present under 28 U.S.C. § 1332.

Next, petitioner has moved to seal its motion to confirm the arbitration award in an effort to comply with a confidentiality order entered by the panel that entered the arbitration award. That motion will be granted.

Finally, petitioner's motion for an order and judgment confirming a November 13, 2008 arbitration award against respondent Westchester is now ripe for review. Petitioner alleges that the parties had an agreement allowing entry of judgment pursuant to an arbitration award, that petitioner's request for confirmation comes within one year after an arbitration award was made pursuant to that agreement, that the award has not been vacated, modified or corrected and that respondents have been served with notice of the award. After an opportunity to respond, respondent has not disputed petitioner's allegations or otherwise opposed petitioner's request for confirmation. Therefore, I will confirm the arbitration award and enter judgment in petitioner's favor on the award. A copy of the award is attached to this order.

ORDER

IT IS ORDERED that

1. Petitioner Nationwide Mutual Insurance Company's motion to seal its motion to confirm the arbitration award, dkt. #1, is GRANTED.

2. Petitioner's motion to confirm the November 13, 2008 arbitration award, dkt. #2, is GRANTED.

3. The clerk is directed to enter judgment for petitioner on the November 13, 2008 arbitration award.BEFORE:

In the Matter of the Arbitration between: WESTCHESTER FIRE INSURANCE COMPANY, Richard D. Smith (Umpire) Petitioner, Spiro K. Bantis (Arbitrator) and Janet J. Burak (Arbitrator) NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent.

FINAL AWARD

The Panel, consisting of Richard D. Smith (Umpire), Spiro K. Bantis and Janet J. Burak, held hearings on November 11 and 12, 2008, in the above captioned arbitration.

The Panel has reviewed the terms and history of the treaty entitled "Comprehensive Catastrophe Liability Excess Reinsurance Contract" (hereinafter the "Treaty") which defines the relative rights and obligations of the Petitioner and Respondent in this matter. The Panel has further reviewed the materials presented to it by both parties regarding the nature and handling of the claims in question in this arbitration under the Treaty. The Panel further received extensive briefs in this matter, exhibits and authorities referenced therein, as well as testimony and argument at the hearings. Following such hearings, the Panel met and considered all the issues raised by the above-referenced materials and by majority vote concludes as follows:

1. The claims in question are subject to the provisions of paragraph 2 of Article V of the Treaty.

2. The Panel concludes that Respondent's payments as evidenced in the materials presented to the Panel were proper under the Treaty. Petitioner's demand for payment of the claims in this arbitration is DENIED.

3. All other claims of Petitioner and all other claims of Respondent are hereby DENIED.

4. The Panel retains jurisdiction for 30 business days to resolve any disputes concerning this Award.