With no explanation, chose the best option from "A", "B", "C" or "D". policy, the issue of whether the dispute or disputes contained in the present lawsuit fall within the scope of that contract’s arbitration clause was never fully briefed or developed in the record below. Resolution of this point might be informed, for example, by affidavits or other evidence bearing on such matters as (1) the parties’ intent with respect to arbitrable issues, and (2) the subject matter of the questions in dispute in this action. Accordingly, we VACATE and REMAND so that the able district judge handling this matter may address this issue in the first instance through proceedings consistent with this opinion. 1 o. of Penn., 785 F.Supp. 1130, 1134 (S.D.N.Y.1990). See also Klockner Stadler Hurter, Ltd. v. Insurance Co. of Pa., 780 F.Supp. 148, 165 (S.D.N.Y.1991), (<HOLDING>). This court has yet to rule on the question of

A: holding that reinsurer could be directly liable to an insured where the reinsurance agent was the ultimate consistent reimburser of losses of the insured and this status was conveyed to the insured
B: holding that despite assurances from the insurance company that the insured could file the pol after femas deadline the insured could not collect because the insured was responsible for timely filing
C: holding that where an insured consistently deals directly with its insurers reinsurer  the reinsurer may become directly liable to the insured
D: holding a personal profit exclusion applicable to an insured corporation where the purpose of the exclusion was to exclude coverage when the insured received profits to which the insured was not legally entitled
A.