West Coast Life Insurance Company v. Swiss Re Life & Health America Inc.

Background

West Coast Life Insurance Company (WCL) petitioned under the Federal Arbitration Act to confirm a final arbitration award issued on April 28, 2021. A three-arbitrator panel had unanimously resolved a dispute concerning Swiss Re Life & Health America Inc.’s claimed right to increase reinsurance rates under two agreements.

Swiss Re joined WCL’s petition. The opinion states that both parties agreed the award was final and enforceable, that judgment should be entered, and that they would treat the award as a binding judgment.

Sealing request

The parties also jointly asked the court to continue sealing the final award, which had been filed as Exhibit 3. The court concluded that, because the parties jointly requested confirmation, the award did not directly affect the court’s adjudication of the petition and therefore was not a judicial document subject to a presumption of public access. The court also accepted the parties’ assertion that the award was covered by a confidentiality agreement and contained confidential, sensitive, and proprietary information that could prejudice related legal disputes and future competitive business negotiations.

Ruling

Judge Vincent L. Briccetti granted the petition to confirm the April 28, 2021, final award and confirmed the award under 9 U.S.C. § 9. The court granted the motion to continue sealing Exhibit 3, directed the Clerk to enter judgment, ordered the exhibit to remain sealed, terminated the pending sealing motion, and closed the case.