Mealey's Insurance Insolvency : Mealey's : Legal News & Analysis

Mealey's Insurance Insolvency

November 15, 2023
Judge Denies Dismissal In Hurricane Coverage Suit, Says Substitution Has No Impact

LAKE CHARLES, La. — A Louisiana federal judge denied dismissal of a homeowners’ bad faith suit against their now-insolvent homeowners insurer for purportedly failing to adequately compensate them for damages caused by Hurricane Laura, finding that substituting the Louisiana Insurance Guaranty Association (LIGA) does not impact the court’s subject matter jurisdiction.
November 15, 2023
Collapsed Hedge Fund’s Co-Founder Appeals Offset Ruling To 2nd Circuit

NEW YORK — A co-founder of the collapsed hedge fund Platinum Partners who argued that application of New York offset law should reduce his liability to zero has filed an appeal in the Second Circuit U.S. Court of Appeals over a ruling that left him liable for just under $2.8 million.
November 14, 2023
Judge Tosses Hurricane Ida Suit Against Insurer, Cites No Basis For Jurisdiction

NEW ORLEANS — A Louisiana federal judge dismissed a breach of contract suit filed by a homeowner against his now-insolvent insurer for failure to adequately compensate the homeowner for purported damage from Hurricane Ida, finding that the court no longer has subject matter jurisdiction after the homeowner named the Louisiana Insurance Guaranty Association (LIGA) as a defendant.
November 14, 2023
Conversion Bid Denied, Exclusivity Terminated In Vesttoo Bankruptcy Cases

WILMINGTON, Del. — A Delaware federal bankruptcy judge has denied without prejudice a U.S. trustee’s motion to convert the jointly administered Chapter 11 cases of Vesttoo Ltd. and 48 affiliates to Chapter 7 cases.
November 13, 2023
Judge Suspends Firm, Tosses Homeowner’s Hurricane Coverage Suit Against Insurer

LAKE CHARLES, La. — Concurring with a federal magistrate judge’s findings, a Louisiana federal judge adopted the magistrate’s report and recommendation, dismissing a homeowner's hurricane coverage suit against its now-insolvent insurer when the homeowner failed to appear after court suspension of his legal counsel for “multiple issues” with the firm’s hurricane-related cases.
November 09, 2023
Appellate Court Agrees To Move Up Schedule Date In Shareholder Liquidation Appeal

RALEIGH, N.C. — A North Carolina Court of Appeals clerk on Nov. 8 filed an order in response to a peremptory setting motion filed by the North Carolina Commissioner of Insurance and two insurers in liquidation in a shareholder’s appeal of their liquidation order, agreeing to calendar the case “as soon as practicable.”
November 08, 2023
Debtors In Vesttoo Bankruptcy Cases Note Agreement With Unsecured Creditors

WILMINGTON, Del. — In a Nov. 7 objection to conversion to Chapter 7, Chapter 11 debtors Vesttoo Ltd. and 48 affiliates tell a Delaware federal bankruptcy court that they hope to close on a sale of assets “around December 1” and “if such a sale is not possible or cannot come together in that time frame . . . will have worked with [the Official Committee of Unsecured Creditors] toward a singular liquidating plan.”
November 08, 2023
Delaware Insurance Commissioner Seeks Liquidation Order For Arrowood Indemnity

WILMINGTON, Del. — Delaware Insurance Commissioner Trinidad Navarro filed a complaint in the Delaware Chancery Court, seeking a liquidation order declaring that Arrowood Indemnity Co. is insolvent and requesting that the court appoint the commissioner as receiver.
November 02, 2023
Hurricane Coverage Row With Insolvent Insurer Dismissed After Counsel Suspended

LAKE CHARLES, La. — A Louisiana federal judge adopted a federal magistrate judge’s report and recommendation advising dismissal of a homeowner’s hurricane coverage suit against her now-insolvent insurer when the homeowner failed to appear following the court’s suspension of her legal counsel due to the firm’s alleged misconduct in handling hurricane coverage cases.
October 31, 2023
Conversion To Chapter 7 Sought For Vesttoo Bankruptcy Cases By U.S. Trustee

WILMINGTON, Del. — A Delaware federal bankruptcy judge on Oct. 30 set a Nov. 8 hearing on a motion to convert the jointly administered Chapter 11 cases of Vesttoo Ltd. and 48 affiliates to Chapter 7 cases.
October 30, 2023
Md. Panel Says Insurance Commissioner Authorized To Amend Lease In HMO Liquidation

ANNAPOLIS, Md. — A Maryland appellate court affirmed a lower court order requiring a landlord to repay the security deposit to its tenant, a now-insolvent health maintenance organization (HMO), and to pay $8,000 to the tenant for furniture left on the premises, finding that because the Maryland insurance commissioner was appointed receiver for the insurer, the commissioner, alone, or through an agent, was permitted to make changes to the lease, which did not violate state or federal constitutions.
October 25, 2023
Homeowner Sues Guaranty Association, Cites ‘Duty To Indemnify’ For Unpaid Claim

FORT MYERS, Fla. — A homeowner alleging that her insurer failed to pay any part of a claim for home damage sued the Florida Insurance Guaranty Association (FIGA) in a Florida state court, asserting that because FIGA is the statutory receiver for the insurer that was ordered into liquidation, it “has a duty to indemnify” the homeowner for the unpaid claim.
October 24, 2023
Guaranty Association Seeks Extension In Suit Alleging Dishwasher Leak Water Damage

WEST PALM BEACH, Fla. — The Florida Insurance Guaranty Association (FIGA) filed in a Florida state court a request for additional time to respond to a complaint against it and an insolvent homeowners insurer in the homeowners’ breach of contract suit related to purported water damage from a leaking dishwasher.
October 24, 2023
Judge Adopts Recommendation In Row With Insured Whose Insurer Is In Receivership

WEST PALM BEACH, Fla. — A Florida federal judge adopted a magistrate judge’s report and recommendation advising that default be entered against a tractor-trailer driver and its owner who was insured by a now-insolvent insurer in a suit alleging negligence related to an auto accident, finding the report’s reasoning “accurate and thorough.”
October 23, 2023
Reinsurer Gets Arbitration Order Over Liquidator’s Opposition In California Court

LOS ANGELES — Saying in part that the dispute is “precisely the type . . . that must be resolved through an independent action, not the summary claims process,” a California judge granted a reinsurer’s motion to compel arbitration with an insurer in liquidation over a disagreement regarding the calculation of sliding scale commissions.
October 23, 2023
Insureds Seek Dismissal In Hurricane Coverage Row Involving Liquidated Insurer

ST. CROIX, Virgin Islands — Homeowners notified a federal court in the Virgin Islands that because one of the insurer defendants was never served, the case against it should be dismissed in the insureds’ Hurricane Maria coverage suit involving an insurer in liquidation.
October 20, 2023
Amended Briefing Schedule Approved In Suit Liquidating Insolvent Health Plan

WILMINGTON, Del. — A Delaware state court chancellor approved parties’ proposed amended briefing schedule in an assignment for the benefit of creditors (ABC) proceeding to liquidate the assets of Friday Health Plans Inc. (FHP) and Friday Health Plans Management Services Co. Inc. (FHP MSC).
October 20, 2023
Panel Affirms Liquidation Of Workers’ Comp Group Fund In Row Over Unpaid Claims

FRANKFORT, Ky. — A Kentucky appeals court affirmed a lower court’s liquidation order regarding an insolvent workers’ compensation self-insured group fund, finding that because the group fund was declared insolvent and placed into liquidation, the Kentucky Group Self-Insurance Guaranty Fund is statutorily obliged to meet the obligations of the insolvent insurer.
October 19, 2023
Delaware Supreme Court Won’t Certify Interlocutory Appeal On Intervention Denial

WILMINGTON, Del. — The Delaware Supreme Court has declined to accept an appeal from an interlocutory order denying Arrowood Indemnity Co.’s motion to intervene in a suit that seeks to compel the Delaware insurance commissioner to start liquidation proceedings against Arrowood.
October 18, 2023
Judge Grants Extension To Respond In $1B RICO Suit Filed By Insolvent Insurers

RALEIGH, N.C. — A North Carolina federal judge granted a former chief investment officer’s (CIO) motion for an extension of time to respond to an amended complaint in a $1 billion Racketeer Influenced and Corrupt Organizations Act (RICO) suit accusing him, the owner of now-insolvent insurers and other people and affiliated companies of participating in a scheme to defraud the insurers and their policyholders by using policyholder money to purchase non-insurance companies and to divert policyholder money to the owner.
October 18, 2023
Debtors In Vesttoo Chapter 11 Case Ask Bankruptcy Court To Establish Bar Dates

WILMINGTON, Del. — Vesttoo Ltd. and 48 affiliated entities (collectively, the debtors) have asked a Delaware federal bankruptcy court to set a series of bar dates in their jointly administered Chapter 11 case, starting with a Dec. 1 deadline for nongovernmental entities or individuals to file proof of claims that arose before the debtors filed for bankruptcy.
October 13, 2023
Reconsideration Denied In Bid To Substitute Guaranty Association For Insurer

NEW ORLEANS — A Louisiana federal judge denied a request to reconsider an order denying substituting a now-insolvent insurer with the Louisiana Insurance Guaranty Association (LIGA) in a suit seeking coverage for purported damage to a home caused by Hurricane Ida, finding that there are no obligations transferred from an insolvent insurer to LIGA permitting it to “step into the shoes of the insolvent insurer.”
October 06, 2023
Magistrate Recommends Default Against Insured With Auto Insurer In Receivership

WEST PALM BEACH, Fla. — A Florida federal magistrate judge issued a report and recommendation advising that default be entered against a tractor-trailer driver and its owner who was insured by a now-insolvent insurer in a suit alleging negligence related to an auto accident, finding that the defendants’ violations of court orders by failing to appear are “willful and in bad faith.”
October 06, 2023
Oklahoma Judge Approves Receiver’s $1.8M Request In Liquidation Of Friday Health

OKLAHOMA CITY — An Oklahoma judge approved a fee and costs request filed by the receiver of Friday Health Plans of Oklahoma (FHPOK), seeking $1,868,131.46 for legal and administrative fees and fees for prescription and medical claims, finding the amounts requested to be “justified.”
October 06, 2023
Hurricane Coverage Suit Remanded After Guaranty Association Added As Defendant

NEW ORLEANS — A Louisiana federal judge remanded to state court a homeowner’s hurricane coverage suit against his now-insolvent insurer, finding that remand is appropriate because adding the Louisiana Insurance Guaranty Association (LIGA) as a defendant in the amended complaint defeats subject matter jurisdiction.