GREENVILLE, S.C. — The receiver of Covil Corp. argues to a South Carolina federal court in a May 28 memorandum that an insurer’s coverage dispute over asbestos claims should be dismissed or stayed in favor of Covil’s first-filed state court action against the insurer and an insolvent excess insurer (Pennsylvania National Mutual Insurance Co. v. Covil Corp., et al., No. 20-1729, D. S.C.).
NEWARK, N.J. — An industrial equipment supplier filed a breach of contract complaint on June 1 in a New Jersey federal court, alleging that its insurer, which was formerly in rehabilitation, refuses to pay for an environmental investigation and remediation at its property (Industrial Corner Corp. v. Public Service Mutual Insurance Company, No. 20-6677, D. N.J.).
WILMINGTON, Del. — The litigation trustee for Patriot National Inc., a bankrupt insurance firm, asks a Delaware bankruptcy court in a May 28 motion to approve a $2.95 million settlement with the firm’s former directors and officers in a separate Delaware state court suit over their alleged waste of $250 million (In re: Patriot National, Inc., Chapter 11, No. 18-10189, D. Del. Bkcy.).
SAN JUAN, Puerto Rico — A Puerto Rico federal judge on May 28 granted an insolvent insurer’s voluntary dismissal of its $3.5 million case alleging fraud by an insured and dismissed the insured’s counterclaim for improper refusal to pay (Integrand Assurance Co. v. Puma Energy Caribe, LLC, No. 19-1195, D. Puerto Rico, 2020 U.S. Dist. LEXIS 94621).
BATON ROUGE, La. — An insolvent insurer’s rehabilitator in May 26 motions opposes dismissal of his Louisiana federal court lawsuit because personal jurisdiction exists over a bank’s senior vice president and two banks for allegations that they aided and abetted the fraud and breach of fiduciary duty concerning loans that misled state insurance regulators on the insurer’s true financial condition (James J. Donelon v. Jeffrey C. Pollick, et al., No. 20-177, M.D. La.).
ST. LOUIS — Two banks argue in their May 27 opening brief to the Eighth Circuit U.S. Court of Appeals that a lower court ignored Missouri law to award attorney fees of $7,005,337 to the receiver for insolvent funeral insurers and state insurance guaranty associations in their dispute regarding allegations over the mishandling of the insurers’ funds (Jo Ann Howard & Associates P.C., et al. v. National City Bank and PNC Bank, N.A., No. 20-1438, 8th Cir.).
WILMINGTON, Del. — Life insurers failed to state a claim in a reinsurer’s rehabilitation proceeding over offsets or recoupment of reinsurance premiums and claim payments under a settlement agreement, a Delaware chancellor ruled May 19, finding that the insurers’ group offsetting methodology was not authorized because it lacked mutuality (In matter of Scottish Re [U.S.], Inc. in rehabilitation, No. 2019-0175-AGB, Del. Chanc., 2020 Del. Ch. LEXIS 193).
NEW YORK — Two defendants in May 19 motions request exclusion of expert reports from trial in a New York federal court lawsuit brought by the liquidators of two hedge funds regarding aiding and abetting the collapse of the funds (In re Platinum-Beechwood Litigation, No. 18-6658, Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y.).
SAN FRANCISCO — Homebuilders breached a continuing agreement of indemnification (CAI) when they refused to reimburse an insolvent surety for claims of $1,925,880.84 filed against surety bonds by two California cities, the Ninth Circuit U.S. Court of Appeals held May 20, affirming summary judgment to the insolvent surety (Western Insurance Co. in liquidation v. Frontier Homes LLC, et al., No. 19-55101, 9th Cir., 2020 U.S. App. LEXIS 16099).
CONCORD, N.H. — Two insurers in May 1 briefs assert their rights to contribution and subrogation claims in the liquidation proceeding for The Home Insurance Co. following the liquidator’s recent settlements of more than $14 million between mutual insureds (In the matter of the liquidation of The Home Insurance Co., No. 217-2003-EQ-00106, N.H. Super., Merrimack Co.).
SAN FRANCISCO — Plaintiffs in a New York action over trust preferred securities (TruPS) in an April 9 appellant brief filed in a California appeals court challenge a trial court’s “erroneous deference” to stay their dispute in light of an insurer’s liquidation proceeding, saying the trial court “has undermined valid claims potentially worth hundreds of millions of dollars” (Dave Jones v. CastlePoint National Insurance Co., No. A158646, Calif. App., 1st Dist., Div. 5).
BATON ROUGE, La. — Defendants argue in a May 14 brief that a Louisiana federal court should deny an insolvent insurer rehabilitator’s motion to remand because they properly removed the case based on diversity jurisdiction the rehabilitator’s breach of fiduciary duty suit alleging that they intentionally misled state insurance regulators on the insurer’s true financial condition (James J. Donelon v. Jeffrey C. Pollick, et al., No. 20-177, M.D. La.).
COLUMBIA, S.C. — Accident Insurance Co. Inc. (AIC) in a May 18 motion seeks a new trial to amend or alter a South Carolina federal judge’s judgment from April that found that a bank is not liable to the insurer for claims and damages arising out of an alleged breach by the bank of its duties as trustee of a reinsurance trust for an insolvent insurance company (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).
HARRISBURG, Pa. — The Pennsylvania Professional Liability Joint Underwriting Association (JUA), the state’s governor and state’s General Assembly offered their responses on May 15 to a Pennsylvania federal judge concerning summary judgment motions in their dispute over whether recent legislation violated the JUA’s constitutional rights (Pennsylvania Professional Liability Joint Underwriting Association v. Tom Wolf, et al., No. 19-1121, M.D. Pa.).
HARRISBURG, Pa. — In the liquidation proceedings of Reliance Insurance Co., a Pennsylvania judge on May 6 approved the latest report and recommendations by the liquidator on resolved claims, which have already totaled approximately $1.46 billion since proofs of claims (POCs) have been filed (In re: Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).
SACRAMENTO, Calif. — The California insurance commissioner on May 15 issued a bulletin that extended the relevant time period for and clarified a previous bulletin that required the state’s property and casualty and workers’ compensation insurers to provide broader premium reductions in the wake of the novel coronavirus.
By Bruce M. Lichtcsien
NEW YORK — Chapter 11 debtor Rapid-American Corp. on May 1 asked a New York federal bankruptcy court to allow it to sell its rights to priority claims in an insolvent insurer’s liquidation case for more than $1.2 million, or about 23 percent of what the claims were originally worth under a 2012 settlement (In re: Rapid-American Corporation, No. 13-10687, S.D. N.Y. Bkcy.).
RICHMOND, Va. — The South Carolina Health Cooperative Inc.’s (SCHC) special deputy receiver in a May 12 motion asks the Fourth Circuit U.S. Court of Appeals to dismiss appeals of a South Carolina federal judge’s order granting in part but largely denying summary judgment on claims that two individuals conspired to defraud SCHC with fraudulent letters of credit (LOCs) (Michael J. FitzGibbons, et al. v. De’Shaun Williams, et al., Nos. 20-1383 & 20-1384, 4th Cir.).
TRENTON, N.J. — The New Jersey Department of Banking and Insurance issued a bulletin on May 12 that requires certain lines of insurers to make an initial premium refund or other adjustment to all adversely impacted New Jersey insureds in an effort to “protect consumers and to provide consistent direction to the insurance industry regarding misclassifications of risk resulting from the COVID-19 pandemic.”