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Hunton Insurance Recovery Blog: Hunton Insurance Recovery Attorneys Discuss Functus Officio Doctrine And Exceptions
29 January 2019
Hunton Andrews Kurth LLP
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The doctrine of functus officio typically sets an
arbiter's award in stone: It forbids an arbiter from altering
its award after the award has been rendered. But the doctrine has
several exceptions. One such exception, known as the clarification
exception, allows an arbitration panel to clarify an ambiguous
final award. In Gen Re Life Corporation v. Lincoln National
Life Insurance, the Second Circuit joined several other
circuits in expressly adopting this exception, allowing an
arbitration panel to clarify the meaning of its prior
interpretation of rescission-clause in a reinsurance agreement.
Hunton Andrews Kurth attorneys
Syed Ahmad,
Patrick McDermott, and
David Costello discuss the decision and its implications for
policyholders in their recent article, Arbitration of Insurance Disputes:
Functus Officio and the Clarification Exception.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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