NEW ORLEANS — In a criminal action over an auditor’s role in the liquidation of an insolvent insurer, a defendant on Sept. 19 appealed to the Fifth Circuit U.S. Court of Appeals a lower court’s ruling denying his motion for a certificate of innocence for his conviction for money laundering (United States v. Michael H. O’Keefe Sr., No. 18-31033, 5th Cir.).
NEW BRUNSWICK, N.J. — Following injuries from a car accident, a man seeks uninsured motorist benefits from the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) in an Oct. 2 complaint filed in a New Jersey court (Jaime Alberto Torres v. Brian H. Getcliffe, et al., No. MID-L-005824-18, N.J. Super., Middlesex Co.).
CONCORD, N.H. — The liquidator of The Home Insurance Co. on Sept. 28 asked a New Hampshire trial court to approve the allowance of a $700,000 settlement amount regarding claims for asbestos, lead, silica and benzene (In the matter of the liquidation of The Home Insurance Co., No. 03-E-0106, N.H. Super., Merrimack Co.).
SAN FRANCISCO — In appeals regarding the vacating and setting aside of three reimbursement demands made to the California Insurance Guarantee Association (CIGA), the state insurance guaranty association and U.S. Secretary of Health and Human Services Alex Azar II recently filed their opening briefs with the Ninth Circuit U.S. Court of Appeals (California Insurance Guarantee Association v. Alex Azar II, et al., Nos. 17-56526 & 17-56528, 9th Cir.).
NEW YORK — In a run-off insurer’s New York federal case alleging mismanagement and misuse of $320 million in investments, reinsurers, their affiliates and current and former owners, officers and insiders in an Oct. 15 motion seek partial dismissal of all claims that are duplicative of the ones for breach of contract (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).
CHICAGO — Opposing a request for dismissal by an insolvent insurer’s liquidator, a reinsurer argues in an Oct. 15 brief that an Illinois federal court has jurisdiction to confirm an arbitration award for $437,000 in attorney fees (Catalina Holdings (Bermuda) Ltd. v. Jennifer Hammer, No. 18-05642, N.D. Ill.).
COLUMBIA, S.C. — In an Oct. 1 brief in South Carolina federal court, an insurer denies allegations asserted in a contractual indemnification counterclaim by a bank being sued for its role as trustee of a reinsurance trust for an insolvent insurer (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).
ST. LOUIS — In a dispute over the mishandling of funds belonging to insolvent funeral insurers, a Missouri federal judge was recently briefed on a motion to compel discovery regarding expert witness meetings held on behalf of state insurance guaranty associations (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).
OKLAHOMA CITY — Reinsurance intermediaries in a Sept. 26 motion ask that an Oklahoma federal court compel an insolvent insurer’s receiver to produce a settlement agreement regarding an underlying action as it relates to the receiver’s lawsuit alleging negligence in reinsurance services provided to the insurer (Oklahoma, et al. v. Axiom Re LP, et al., No. 17-0484, W.D. Okla.).
CHICAGO — In an insurer’s liquidation proceeding, an Illinois appeals panel on Sept. 28 ruled that a lower court properly disallowed a school district’s claim against a surety for a construction project (Jennifer Hammer v. Lumbermens Mutual Casualty Co., et al., No. 1-17-1613, Ill. App., 1st Dist., Div. 6, 2018 Ill. App. Unpub. LEXIS 1677).
SPRINGFIELD, Ill. — The Illinois Supreme Court on Sept. 26 denied a petition for leave to appeal a lower court’s ruling that a cab company was not covered by the Illinois Insurance Guaranty Fund (IIGF) under an insolvent insurer’s policy for an underlying personal injury case because the accident occurred outside the time the subject taxi was covered (The Illinois Insurance Guaranty Fund v. Israel P. Nwidor, et al., No. 123738, Ill. Sup., 2018 Ill. LEXIS 855).
DALLAS — After conducting a de novo review in a tortious interference case, a Texas federal judge on Sept. 26 adopted a magistrate judge’s recommendation to grant sanctions to an insolvent insurer against a defendant for failing to respond to discovery requests (Lincoln General Insurance Co. v. James Thornton Maxwell, No. 16-3198, N.D. Texas, 2018 U.S. Dist. LEXIS 165559).
SHREVEPORT, La. — A lower court erred in denying a statutory credit of $15,161.49 to the Louisiana Insurance Guaranty Association (LIGA) after it stepped into the shoes of an insolvent insurer in a personal injury lawsuit, a Louisiana appeals panel held Sept. 26 (Alcender Williams Jr. v. USAgencies Insurance Company Inc., et al., No. 52,071-CW, La. App., 2nd Cir., 2018 La. App. LEXIS 1819).
NEW YORK — A New York justice on Aug. 20 ordered for anyone to show cause why he should not approve a judicial review of the classification and adjudication of claims submitted in an insolvent insurer’s liquidation proceedings (In the matter of liquidation of American Medical and Life Insurance Co., No. 452041/16, N.Y. Sup., New York Co.).
ST. LOUIS — In a breach of fiduciary duty lawsuit, a special deputy receiver for three insolvent insurers in a Sept. 14 motion asks the Missouri federal court to abate a cross-claim because a bank failed to comply with a mandatory condition precedent (Winner Road Properties LLC v. BMO Harris Bank, N.A., No. 16-1395, E.D. Mo.).
CONCORD, N.H. — In the winding down of a risk-sharing plan for a medical malpractice insurer, the insurer’s receiver on Aug. 30 submitted a monthly status report to a New Hampshire court on the insurer’s finances and the return of funds to providers that paid surcharges (In the matter of the winding down of the New Hampshire Medical Malpractice Joint Underwriting Association, No. 2015-347, N.H. Super., Merrimack Co.).
CHICAGO — A federal court erred in remanding to a state court a dispute between the U.S. Department of Health and Human (HHS) and an insolvent insurer’s liquidator over the government’s setoff of its own debt payments by first paying down the insolvent insurer’s debt, the Seventh Circuit U.S. Court of Appeals ruled Sept. 25 (Jennifer Hammer v. U.S. Department of Health and Human Services, No. 18-2523, 7th Cir., 2018 U.S. App. LEXIS 27368).
COLUMBIA, S.C. — A bank sued for its role as trustee of a reinsurance trust for an insolvent insurer on Sept. 20 responded to an insurer’s first amended complaint in a South Carolina federal court and counterclaimed for contractual indemnification (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).
BOISE, Idaho — Pursuant to a settlement agreement, an Idaho federal magistrate judge on Sept. 18 dismissed with prejudice a trust bank’s wrongful acts lawsuit against an insolvent insurer (Idaho Trust Bank v. BancInsure Inc., et al., No. 12-00032, D. Idaho).
DALLAS — In a tortious interference lawsuit, an insolvent insurer was granted sanctions by a Texas federal judge on Sept. 20 against a corporate defendant and reasonable attorney fees and costs for the defendant’s failure to respond to discovery requests (Lincoln General Insurance Co. v. James Thornton Maxwell, No. 16-3198, N.D. Texas, 2018 U.S. Dist. LEXIS 160740).