Two 1st Circuit Court of Appeals Cases Concern Insurance and Arbitration Law

May 22, 2023
US Court of Appeals for the First Circuit Opinions
Green Enterprises, LLC v. Hiscox Syndicates Limited at Lloyd’s of London
Docket: 21-1542
Opinion Date: May 19, 2023
Judge: William Joseph Kayatta, Jr.
Areas of Law: Arbitration & Mediation, Contracts, Insurance Law

The First Circuit affirmed the judgment of the district court granting a motion to compel arbitration in this insurance dispute, holding that the district court correctly granted the motion to compel arbitration brought by the underwriters of Green Enterprises, LLC’s insurance policy, all syndicates at Lloyd’s of London (Underwriters).

After a fire destroyed one of its plants, Green, a Puerto Rican recycling company, filed an insurance claim.  Underwriters denied the claim, after which Green brought this lawsuit. Underwriters filed a motion to compel arbitration under an arbitration clause in the parties’ contract.  The district court granted the motion and dismissed Green’s claims without prejudice.  The First Circuit affirmed, holding that the district court properly granted the motion to compel.
AND

Bonner v. Triple-S Vida, Inc.
Docket: 22-1066
Opinion Date: May 19, 2023
Judge: Burroughs
Areas of Law: Business Law, Civil Procedure, Contracts, Insurance Law

The First Circuit affirmed the judgment of the district court granting summary judgment in favor of Triple-S Management Corporation and Triple-S Vida, Inc. (collectively, Triple-S) and dismissing this case brought by Dora Bonner, holding that the district court did not abuse its discretion in denying Bonner’s discovery-related motions and did not err in considering the evidence at the summary judgment stage.

Bonner brought several claims alleging that Triple-S denied her millions of dollars of proceeds from certain certificates and devised a scheme to defraud her.  After denying Bonner’s motion to compel discovery and extend the discovery deadline, the district court concluded that Triple-S had established as a matter of law that the persons behind the fraudulent scheme were not related to Triple-S.  The First Circuit affirmed, holding that the district court (1) did not abuse its discretion in denying the motion to compel and motion for consideration; and (2) properly granted summary judgment for Triple-S.

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