HARRISBURG, Pa. — The liquidator for Reliance Insurance Co. on April 17 filed an application with a Pennsylvania trial court requesting approval of her recommendation on final guaranty association (GA) omnibus notices of determination (NODs) (In re: Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).
WEST PALM BEACH, Fla. — An $800,000 judgment against the Florida Insurance Guaranty Association Inc. (FIGA) in a hurricane coverage dispute was affirmed on March 8 by a Florida appeals panel (Florida Insurance Guaranty Association Inc. v. Environ Condominium II Association Inc., No. 4D17-353, Fla. App., 4th Dist., 2018 Fla. App. LEXIS 3473).
NEW YORK — A New York justice on April 12 ordered parties interested in Lincoln General Insurance Co.’s ancillary receivership proceeding to show cause for any objections to an ancillary receiver’s adjudication procedure and appointment of a referee to oversee objections to denied claims (In re Lincoln General Insurance Co., No. 450003/2016, N.Y. Sup., New York Co.).
WHITE PLAINS, N.Y. — A New York trial justice ordered parties on April 9 to show cause why Touchstone Health HMO Inc. should not be placed into liquidation (In re Touchstone Health HMO Inc., No. 54964/2018, N.Y. Sup., New York Co.).
OKLAHOMA CITY — An Oklahoma judge on April 20 approved the state insurance commissioner’s recommendation denying claims in the liquidation of Pride National Insurance Co. (Oklahoma v. Pride National Insurance Co., No. CJ-2013-1448, Okla. Dist., Okla. Co.).
SAN FRANCISCO — Noting that the parties resolved the case, a California federal judge on April 3 dismissed a coverage dispute between an injured driver and her auto insurer for personal injuries from an accident, a week after the parties wrote to him on whether an at-fault driver’s insurer was insolvent within a timeframe for the injured to qualify as an underinsured motorist (Monique Arreola v. MAPFRE Insurance Co., No. 17-05642, N.D. Calif.).
COLUMBIA, S.C. — A bank being sued for its role as trustee of a reinsurance trust for an insolvent insurer argues on April 16 that a South Carolina federal court should decline to allow the insolvent insurer to amend its complaint to add a civil conspiracy claim (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).
NEWARK, N.J. — A New Jersey woman filed a personal injury lawsuit April 13 in a New Jersey trial court against the state’s insurance guaranty association for damages caused when an unidentified vehicle struck her while she was crossing the street (Anita Strickland v. New Jersey Property Liability Guaranty Association, et al., No. ESX-L-002649-18, N.J. Super., Essex Co.).
RALEIGH, N.C. — The North Carolina Supreme Court on April 5 declined to review a ruling that the bar date and the statute of repose under North Carolina law do not violate the North Carolina or U.S. constitutions, “either facially or as applied” to a claimant filing a workers’ compensation claim with the North Carolina Insurance Guaranty Association (NCIGA) (Thelma Bonner Booth, et al. v. Hackney Acquisition Co., et al., No. 402P17, N.C. Sup., 2018 N.C. LEXIS 269).
ROME, N.Y. — A New York justice on March 7 ruled that a cedent is not entitled to asbestos loss and expenses beyond the stated coverage amount set forth in reinsurance certificates issued by members of a reinsurance pool (Utica Mutual Insurance Co. v. Abeille General Insurance Co., et al., No. CA2013-002320, N.Y. Sup., Oneida Co.).
AUSTIN, Texas — Access Insurance Co. was ordered into liquidation on March 13 by a Texas trial judge, and the Texas insurance commissioner was named liquidator (The Texas Department of Insurance v. Access Insurance Co., No. D-1-CN-18-001285, Texas Dist., Travis Co., 261st Jud.).
LAS VEGAS — A Nevada federal judge on March 30 dismissed a defunct health insurer’s case for lack of subject matter jurisdiction because the monetary relief sought against the United States is available through the Court of Federal Claims (Barbara D. Richardson v. U.S. Department of Health and Human Services, et al., No. 17-775, D. Nev., 2018 U.S. Dist. LEXIS 54065).
LOS ANGELES — A bank sued the liquidator of an insolvent medical professional liability insurer on April 4 in a California federal court, 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.).
CHICAGO — The city of Chicago, as a self-insured workers’ compensation carrier, is barred from asserting a subrogation claim against an employee’s third-party settlement proceeds paid by the Illinois Guaranty Fund on behalf of an insolvent insurer, an Illinois appeals panel held March 28 (Darryl L. Heard v. Chicago, No. 1-17-1076, Ill. App., 1st Dist., 3rd Div., 2018 Ill. App. Unpub. LEXIS 513).
BOISE, Idaho — A trust bank argues in an April 5 brief in Idaho federal court that the Idaho Insurance Guaranty Association (IIGA) is not an indispensable party to a lawsuit brought against an insolvent insurer (Idaho Trust Bank v. BancInsure Inc., et al., No. 12-00032, D. Idaho).
NEW YORK — In a dispute over reinsurance proceeds allegedly owed to an insolvent insurer, a liquidator wrote to the New York federal court on April 4, proposing an amended phase one civil case discovery plan and scheduling order (Roger A. Sevigny v. Trygvesta Forsikring A/S, Trygvesta Forsikring A/S v. Cerberus Holding Company LLC, No. 16-04874, S.D. N.Y.).
OKLAHOMA CITY — An Oklahoma judge on March 8 established a deadline for objections to the state insurance commissioner’s recommendation for claims in the liquidation of Pride National Insurance Co. (Oklahoma v. Pride National Insurance Co., No. CJ-2013-1448, Okla. Dist., Okla. Co.).
COLUMBIA, S.C. — An insolvent insurer on April 2 filed a motion asking a South Carolina federal court for permission to file a first amended complaint to add a civil conspiracy against a bank for its role as trustee of a reinsurance trust for the insolvent insurer (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).
SAN FRANCISCO — In a coverage dispute for personal injuries from an accident, an injured driver and her auto insurer submitted letters to a California federal court on March 28 on whether the at-fault driver’s insurer was insolvent within a timeframe for the injured to qualify as an underinsured motorist (Monique Arreola v. MAPFRE Insurance Co., No. 17-05642, N.D. Calif.).
NEW YORK — Citing a liquidation order’s injunction of actions or settlements against an insolvent insurer, a New York justice on March 26 stayed a lawsuit seeking to enforce a $275,000 medical malpractice settlement against the insurer (Fani Leon, et al. v. Michael Waldman, M.D., et al., No. 805271-2014, N.Y. Sup., New York Co., 2018 N.Y. Misc. LEXIS 945).