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Trustmark Insurance Co v. John Hancock Life Insurance Company (U.S.A

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ARGUED JANUARY 6, 2011

Before EASTERBROOK, Chief Judge, and CUDAHY and ROVNER, Circuit Judges.

Two insurance companies agreed in 1997 that Trustmark would reinsure some risks underwritten by John Hancock. The details of the parties’ multiple contracts are unimportant for our purposes. It is enough to say that the insurers disagree about the meaning of “London Market Retrocessional Excess of Loss business”, which Trustmark need not reinsure. The parties submitted their dispute to arbitration under the contracts’ broad arbitration clauses. In March 2004 a tripartite panel (one arbitrator selected by each side, and these two selecting a third, called the umpire) made its award, supporting Hancock’s view of Trustmark’s obligations. The award was confirmed by a district court. 2004 U.S. Dist. LEXIS 11370 (N.D. Ill. June 17, 2004).

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