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Mealey's Insurance Insolvency

  • March 29, 2019

    Pedestrian Sues New Jersey Insurance Guaranty Association For Personal Injuries

    JERSEY CITY, N.J. — A pedestrian seeks judgment against the driver of a vehicle that struck her and against New Jersey’s insurance guaranty association for her personal injuries in a March 26 complaint filed in a New Jersey court (Jaqueline Steuth v. Beatrice V. Borower, et al., No. HUD-L-001217-19, N.J. Super., Hudson Co.).

  • March 28, 2019

    Rehabilitation Sought For Reinsurer By Delaware Insurance Commissioner

    WILMINGTON, Del. — The Delaware insurance commissioner on March 1 asked a state court to issue a rehabilitation order against reinsurer Scottish Re (U.S.) Inc. (SRUS) (Delaware ex rel. v. Scottish Re [U.S.] Inc., No. 2019-0175-AGB, Del. Chanc.).

  • March 26, 2019

    Justice Orders Parties To Show Cause On Liquidation Order Against Insurer

    NEW YORK — A New York justice on March 21 asked for any interested parties to show cause why an order of liquidation should not be issued against Atlantis Health Plan Inc. (In re Atlantis Health Plan Inc., No. 450297/19, N.Y. Sup., New York Co.).

  • March 25, 2019

    Judge Denies Dismissal Of Reinsurer’s Attorney Fees Case Against Insurer’s Liquidator

    CHICAGO — An Illinois federal judge on March 22 declined to grant an insolvent insurer’s liquidator’s motion to dismiss or stay a reinsurer’s dispute seeking confirmation of an arbitration award for $437,000 in attorney fees (Catalina Holdings (Bermuda) Ltd. v. Jennifer Hammer, No. 18-5642, N.D. Ill., 2019 U.S. Dist. LEXIS 47783).

  • March 25, 2019

    Judge Allows Civil Conspiracy Claim To Survive Over Bank’s Role As Reinsurance Trust

    COLUMBIA, S.C. — In a dispute over a bank’s alleged breach of duties as trustee of a reinsurance trust for an insolvent insurer, a South Carolina federal judge on March 22 denied summary judgment to the bank on a civil conspiracy claim (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C., 2019 U.S. Dist. LEXIS 47656).

  • March 21, 2019

    Judge Dismisses Insolvent Insurer’s Founder’s Conspiracy, Unjust Enrichment Lawsuit

    WILMINGTON, Del. — A Delaware federal judge on March 19 dismissed a conspiracy and unjust enrichment lawsuit filed by the founder of a now-insolvent insurer against individuals involved in the insurer’s liquidation proceeding because the case was “legally frivolous” (Jeffrey Cohen v. Jeffrey Miceli, et al., No. 17-1352, D. Del., 2019 U.S. Dist. LEXIS 45536).

  • March 20, 2019

    Judge: Insolvent Insurer’s Corporate Parent Holds Title To Parcels Of Land

    WHITE PLAINS, N.Y. — The successor corporate parent to an insolvent insurer “holds title to, and all reversionary interests in, land and improvements” on two parcels of land, a New York federal judge held March 18, affirming a bankruptcy court’s ruling against the liquidator for Frontier Insurance Co. (FIC) (In re:  Frontier Insurance Group Inc., et al.; Benjamin Lawsky v. Frontier Insurance Group LLC, No. 18-3211, S.D. N.Y., 2019 U.S. Dist. LEXIS 43981).

  • March 20, 2019

    Judge Dismisses Claims In Hedge Funds’ Liquidators’ Lawsuit Over Insolvency

    NEW YORK — In a case filed by liquidators for two hedge funds over allegations that the funds’ net asset value was not only insolvent but had liabilities between $400 million and $800 million, a New York federal judge on March 15 decided motions to dismiss aiding and abetting breach of fiduciary duties, aiding and abetting fraud and unjust enrichment claims as to certain defendants (Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y.).

  • March 19, 2019

    Judge Dismisses Run-Off Insurer’s RICO, Fraud Claims In $320M Misuse Dispute

    NEW YORK — In a dispute over the alleged mismanagement and misuse of $320 million by a reinsurer and its entities, a New York federal judge on March 15 dismissed a run-off insurer’s claims for violation of the Racketeer Influenced and Corrupt Organizations (RICO) Act, fraud, constructive fraud and unjust enrichment (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-6658, S.D. N.Y.).

  • March 19, 2019

    Judge Stays Personal Injury Case Based On Liquidation Order Against Insurer

    SAN JUAN, Puerto Rico — A Puerto Rico federal judge stayed a personal injury lawsuit on March 15 for six months based upon a liquidation order issued against an insolvent insurer so that the Puerto Rico Guaranty Association of Miscellaneous Insurance could evaluate the plaintiff’s claim (Brenda Lee Maduro Colon v. Coca-Cola Puerto Rico Bottlers, No. 17- 01591. D. Puerto Rico, 2019 U.S. Dist. LEXIS 42969).

  • March 18, 2019

    Proposed Findings, Conclusions Offered In Mishandling Case As To Insolvent Funeral Insurers

    ST. LOUIS — A Missouri federal court was presented with parties’ proposed findings of fact and conclusions of law on March 4 in a dispute filed by a special deputy receiver and state insurance guaranty associations regarding allegations over the mishandling of insolvent funeral insurers’ funds (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).

  • March 18, 2019

    Insurers’ Receiver Ordered To Address If Merchandise, Service Trust Belongs To Estate

    ST. LOUIS — In a breach of fiduciary duty lawsuit, a Missouri federal judge on March 14 ordered the special deputy receiver for three insolvent insurers to provide further briefing establishing that a third amended and restated agreement for a merchandise and services trust currently belongs to the receivership estate (Winner Road Properties LLC v. BMO Harris Bank, N.A. v. Jo Ann Howard & Associates, P.C., No. 16-1395, E.D. Mo., 2019 U.S. Dist. LEXIS 42121).

  • March 11, 2019

    Amici: Government Pulled Risk Corridor Rug Out From Under ACA Insurers

    WASHINGTON, D.C. — The government should not be permitted to incentivize private companies to participate in its Patient Protection and Affordable Care Act (ACA)  risk corridor program and then retroactively revoke its promises in vague riders, eight amicus curiae parties tell the U.S. Supreme Court in March 8 briefs (Land of Lincoln Mutual Health Insurance Co. v. United States, No. N/A, Moda Health Plan Inc. v. United States, No. 18-1028, Blue Cross and Blue Shield of North Carolina v. United States, No. 17-2154, Maine Community Health Options v. United States, No. 18-1023, U.S. Sup.).

  • March 8, 2019

    Panel: Solvent, Insolvent Insurers Are Not Required To Provide Identical Coverage

    ATLANTA — Because the Georgia Insurer’s Insolvency Pool Act’s exhaustion provision does not require solvent and insolvent insurers to provide identical coverage, a Georgia appeals panel on March 7 reversed a lower court’s denial of summary judgment to the Georgia Insurers Insolvency Pool in part, vacated it in part and remanded the case for further proceedings (Georgia Insurers Insolvency Pool v. Carla DuBose and Carla DuBose v. Georgia Insurers Insolvency Pool, Nos. A18A1531, A18A1532, Ga. App., 2019 Ga. App. LEXIS 144).

  • March 6, 2019

    Insurer Files 2nd Amended Complaint Against New York Superintendent For Redress

    NEW YORK — On March 1, an insurer filed a second amended complaint in a New York federal court against the New York superintendent of Financial Services, seeking redress for violation of its equal protection rights (Park Insurance Co. v. Maria T. Vullo, et al., No. 18-09628, S.D. N.Y.).

  • March 5, 2019

    Panel Dismisses Claims By Insurer’s Rehabilitator Against Actuarial Services Company

    BATON ROUGE, La. — In a professional negligence lawsuit filed by an insurer’s rehabilitator, a Louisiana appeals panel on Feb. 28 reversed a lower court’s ruling and, instead, dismissed claims against an actuarial services company in light of an arbitration provision in an agreement between that company and the insurer (James J. Donelon v. Terry S. Shilling, et al., No. 651,069, La. App., 1st Cir., 2019 La. App. LEXIS 360, 2019 La. App. LEXIS 363).

  • March 5, 2019

    Judge Denies Judgment To Bank On Claims Over Role For Reinsurance Trust

    COLUMBIA, S.C. — A South Carolina federal judge held Feb. 28 that claims arising from a bank’s breach of duties as trustee of a reinsurance trust for an insolvent insurer are timely (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).

  • February 21, 2019

    Insolvent Insurer’s Liquidator Requests Court Approval Of Notices Of Determinations

    HARRISBURG, Pa. — A Pennsylvania court was asked by the liquidator for Reliance Insurance Co. on Feb. 5 to approve final omnibus notices of determinations (NODs) that have been issued to guaranty associations (GAs) to resolve all the claims submitted by those individual GAs (In re:  Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).

  • February 19, 2019

    Banks Seek Judgment On Damages In Insurers’ Special Deputy Receiver’s Lawsuit

    ST. LOUIS — Two banks assert in a Feb. 14 reply brief that a Missouri federal court should grant their motion for partial judgment on claims for certain alleged categories of damages in a dispute filed by a special deputy receiver and state insurance guaranty associations regarding allegations over the mishandling of insolvent funeral insurers’ funds (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).

  • February 15, 2019

    Driver Sues New Jersey Insurance Guaranty Association For Injuries

    PATERSON, N.J. — A New Jersey resident and the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) were named as defendants in a personal injury lawsuit filed Feb. 13 in state court (Maria Rodriguez v. Shamira Tirado, et al., No. PAS-L-000485-19, N.J. Super., Passaic Co.).