ATLANTA — Indemnity claims are barred by the doctrine of sovereign immunity, an insolvent insurer tells the Georgia Supreme Court in a July 30 brief, also saying that any claim to reimburse a regulatory tech firm for any administrative expenses that were excessive was not barred and should be remanded for further proceedings (Georgia, et al. v. International Indemnity Co., et al., No. S18G0493; Regulatory Technologies Inc. v. Georgia, et al., No. S18G0499, Ga. Sup.).
NEW YORK — The liquidator for Home Insurance Co. in an Aug. 8 letter to a New York federal judge says that depositions are set to begin in a dispute over reinsurance proceeds allegedly owed to the insolvent insurer under three facultative reinsurance certificates (Roger A. Sevigny v. Trygvesta Forsikring A/S, Trygvesta Forsikring A/S v. Cerberus Holding Company LLC, No. 16-04874, S.D. N.Y.).
NEW YORK — Severance of third-party actions from a worker’s personal injury lawsuit remains warranted, a New York trial justice ruled Aug. 6 despite arguments that an automatic stay existed stemming from an insolvent insurer’s liquidation order (Ahmed Drir v. U-9 Restaurant Associates Inc., et al., No. 156070/2015, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 3369).
ST. LOUIS — A Missouri federal judge on Aug. 14 granted in part and denied in part a request to quash a subpoena against a nonparty to provide documents in a dispute over the mishandling of funds belonging to insolvent funeral insurers (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo., 2018 U.S. Dist. LEXIS 137013).
NEWARK, N.J. — An insolvent insurer’s addition as a defendant to a negligence and strict product liability dispute over a vehicle sold by Toyota Motor Sales U.S.A Inc. destroyed federal court diversity, a New Jersey federal judge ruled Aug. 10, granting remand of the case (Eleni Merminas v. Toyota Motor Sales, U.S.A., Inc., No. 16-03048, D. N.J.).
ATLANTA — An insolvent insurer’s sole shareholder on July 26 asked the Georgia Supreme Court to reverse a ruling that sovereign immunity applies to its claim for surcharge against the insurer’s liquidator and an auditing company (Georgia, et al. v. International Indemnity Co., et al., No. S18G0493; Regulatory Technologies Inc. v. Georgia, et al., No. S18G0499, Ga. Sup.).
CONCORD, N.H. — On Aug. 2, a New Hampshire trial justice approved a $2,252,000 settlement between the liquidator of The Home Insurance Co. and an additional insured regarding silica and asbestos bodily injury claims (In the matter of the liquidation of The Home Insurance Co., No. 03-E-0106, N.H. Super., Merrimack Co.).
NEW YORK — A New York trial justice on Aug. 6 ordered parties to show cause why a recommendation to close an insurer’s liquidation proceeding should not be approved (In the matter of the liquidation of Drivers Insurance Co., No. 452965/15, N.Y. Sup., New York Co.).
JAMAICA, N.Y. — A New York justice ordered a state healthcare provider into liquidation on Aug. 6 and appointed the state’s superintendent of financial services as liquidator (In the matter of Cuatro LLC, No. 700126/2018, N.Y. Sup., Queens Co.).
ST. LOUIS — In a dispute over the mishandling of funds belonging to insolvent funeral insurers, a receiver and state insurance guaranty associations provided notice on Aug. 7 to a Missouri federal court of new information relevant to a motion to quash a subpoena to testify (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).
TALLAHASSEE, Fla. — A Florida judge on July 23 approved a receiver’s discharge accounting statement, directed final discharge and authorized destruction of obsolete records in the receivership of Magnolia Insurance Co. (In re: The receivership of Magnolia Insurance Co., No. 2010-CA-01522, Fla. Cir., Leon Co.).
NEWARK, N.J. — A pedestrian on Aug. 1 filed a complaint in state court seeking personal injury damages from the New Jersey Property Liability Insurance Guaranty Association (NJPLIGA) after he suffered injuries caused by an unknown driver (John Plantz v. New Jersey Property Liability Insurance Guaranty Association, et al., No. ESX-L-005402-18, N.J. Super., Essex Co.).
ST. LOUIS — A nonparty to a dispute over the mishandling of funds belonging to insolvent funeral insurers argues in a July 30 reply brief that a Missouri federal court should quash documents requested by the insurers’ receiver that were previously settled (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).
OKLAHOMA CITY — An Oklahoma federal judge on July 25 granted an insolvent insurer’s receiver’s motion to dismiss a party from her negligence lawsuit against reinsurance intermediaries for their alleged negligence in providing reinsurance services to the insurer (Oklahoma, et al. v. Axiom Re LP, et al., No. 17-0484, W.D. Okla.).
COLUMBIA, S.C. — In a dispute involving a bank sued for its role as trustee of a reinsurance trust for an insolvent insurer, a South Carolina federal judge on July 23 allowed an insurer’s request to amend its complaint to include a cause of action for civil conspiracy (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).
WASHINGTON, D.C. — An insolvent health insurer on July 30 asks that the Federal Circuit U.S. Court of Appeals grant rehearing en banc, vacate its decision and enter judgment against the United States for billions in Patient Protection and Affordable Care Act (ACA) risk-corridor funds (Land of Lincoln Mutual Health Insurance Co. v. United States, No. 17-1224, Fed. Cir.).
NEW YORK — An insurer in run-off on July 24 sued reinsurers, their affiliates and their current and former owners, officers and insiders in a New York federal court, alleging the misuse and mismanagement of $320 million in investments by the defendants (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).
LOS ANGELES — In a California federal court, the liquidator of an insolvent medical professional liability insurer on July 16 answered a bank’s lawsuit seeking reimbursement under a letter of credit issued to the insurer to stay enforcement of an underlying $2.5 million medical malpractice judgment (MUFG Union Bank, N.A. v. Steven C. Taylor, No. 18-02772, C.D. Calif.).
SAN FRANCISCO — A liquidator on June 28 provided notice of entry of a California judge’s approval of a financial report and expenses of administration in an insurer’s liquidation proceeding (Dave Jones v. CastlePoint National Insurance Co., et al., No. CPF-16-515183, Calif. Super., San Francisco Co.).
ATLANTA — A claim for surcharge by an insolvent insurer’s sole shareholder is barred by the doctrine of sovereign immunity, the insolvent insurer’s liquidator and an auditing company argue July 9 in separate appeal briefs to the Georgia Supreme Court (Georgia, et al. v. International Indemnity Co., et al., No. S18G0493 & Regulatory Technologies Inc. v. Georgia, et al., No. S18G0499, Ga. Sup.).