Reinsurer’s Argument For Dismissal Considered In Railroad’s Suit For Relief

Mealey's (August 16, 2021, 3:14 PM EDT) -- SPRINGFIELD, Ill. — A federal magistrate judge said in an Aug. 10 text order that even though it was raised in a reply, he will consider an argument by reinsurer Illinois Mine Subsidence Insurance Fund (IMSIF) that under Cunningham Brothers, Inc. v. Bail, the court should recommend dismissal of all of a railroad company’s requests for declaratory relief; the railroad seeks declarations and injunctive relief over the reinsurer’s pursuit of reimbursement as subrogee for mine subsidence claims that IMSIF paid on behalf of subrogor property owners....