Originally from:

Journal of American Arbitration (JAA) - Vol. 6, No. 2

Preview Page

ARTICLES

A Question for the Arbitrator: Seventh
Circuit Court of Appeals Finds That
Consolidation of Arbitrations Is
Presumptively a Question for the Arbitrator,
in Employer’s Ins. Co. of Wausau v. Century
Indemnity Co.
By Mark Kaisoglus

I. OVERVIEW
Employer’s Insurance Company of Wausau (Wausau) is a reinsurer
to Century Indemnity Company (Century).1 Century
insured Aqua-Chem, Inc. (Aqua-Chem) against asbestos bodily
injury claims.2 Upon satisfying these claims on behalf of Aqua-
Chem, Century billed its reinsurers for their alleged shares of the
claims.3 Wausau, along with several of Century’s other reinsurers,
failed to pay Century.4 In response, Century demanded that the
reinsurers participate in a consolidated arbitration.5 Wausau was a