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).
NEW YORK — A New York justice on Aug. 29 asked policyholders, claimants, creditors and parties interested in the affairs of Guarantee Insurance Co. to show cause as to why the insurer’s ancillary receivership proceeding should not be closed (In the matter of the ancillary receivership of Guarantee Insurance Co., No. 453158/2017, N.Y. Sup., New York Co.).
NEW YORK — A New York federal judge on Sept. 7 told an insurer in run-off and reinsurers that they should be ready by April 2019 for trial of the insurer’s allegations that the reinsurers, their affiliates and their current and former owners, officers and insiders misused and mismanaged $320 million in investments (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).
COLUMBIA, S.C. — An insurer filed a first amended complaint on Sept. 6, asserting breach of contract, breach of fiduciary duty, negligence and gross negligence, negligent misrepresentation and civil conspiracy claims in a South Carolina federal court dispute involving a bank 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.).
NEWARK, N.J. — A New Jersey pedestrian filed a lawsuit on Sept. 17 against the New Jersey Property Liability Insurance Guaranty Association (NJPLIGA) and the driver and owner of a vehicle that was involved in a collision causing him injuries (Thomas H. Snyder v. Karim Teran, et al., No. ESX-L-006567-18, N.J. Super., Essex Co.).
FRANKFORT, Ky. — On remand after the vacating of an order denying arbitration, a Kentucky federal judge on Sept. 11 compelled an insolvent insurer’s liquidator and an administrative services provider to argue their breach of contract dispute in arbitration (Nancy G. Atkins v. CGI Technologies and Solutions Inc., No. 16-00037, E.D. Ky., 2018 U.S. Dist. LEXIS 154564).
FRANKFORT, Ky. — Kentucky’s prohibition of arbitration between insolvent insurers and third-party contractors “does not trump the mandate of the Federal Arbitration Act [FAA] that valid arbitration agreements must be upheld,” a Kentucky federal judge ruled Sept. 11, granting a motion to compel arbitration of an insurer’s liquidator’s breach of contract case (Beam Partners LLC, et al. v. Nancy G. Atkins, No. 17-004, E.D. Ky., 2018 U.S. Dist. LEXIS 154566).
CONCORD, N.H. — In a dispute against excess funds in the winding down of New Hampshire Medical Malpractice Joint Underwriting Association (JUA), a New Hampshire trial justice on Sept. 6 approved a proposed plan of allocation awarding $25,000 to each of three class representatives (Georgia A. Tuttle, M.D., et al. v. New Hampshire Medical Malpractice Joint Underwriting Association and In the Matter of the Winding Down of the New Hampshire Medical Malpractice Joint Underwriting Association, Nos. 2010-294 & 2015-347, N.H. Super., Merrimack Co., 2018 N.H. Super. LEXIS 18).
NEW ORLEANS — A Louisiana federal judge on Sept. 6 refused to reconsider a ruling in a criminal action over an auditor’s role in the liquidation of an insolvent insurer in which the judge denied a defendant’s motion for a certificate of innocence for his conviction for money laundering (United States v. Michael H. O’Keefe Sr., No. 95-106, E.D. La.).
WASHINGTON, D.C. — Congress’ subsequent actions clearly and unequivocally limited payments in the Patient Protection and Affordable Care Act (ACA) risk corridor to income received through the program, regardless of the language it used in enacting the program, the government said Aug. 31 in urging the Federal Circuit U.S. Court of Appeals to deny a series of insurer’s request for en banc rehearing (Land of Lincoln Mutual Health Insurance Co. v. United States, No. 17-1224, Moda Health Plan Inc. v. United States, No. 17-1994, Blue Cross and Blue Shield of North Carolina v. United States, No. 17-2154, Maine Community Health Options v. United States, No. 17-2395, Fed. Cir.).
COLUMBIA, S.C. — Finding that the South Carolina Property and Casualty Insurance Guaranty Association Act is ambiguous, the state’s high court ruled Sept. 5 that the act requires that settlement amounts be offset from the total amount of an injured party’s damages rather than from a $300,000 statutory cap (Janette Buchanan, et al. v. The South Carolina Property and Casualty Insurance Guaranty Association, No. 2016-002156, S.C. Sup., 2018 S.C. LEXIS 113).
LOS ANGELES — The liquidator of an insolvent medical professional liability insurer filed an amended answer on Aug. 29 in a California federal court lawsuit seeking reimbursement under a letter of credit issued to the insurer to stay enforcement of a $2.5 million medical malpractice judgment (MUFG Union Bank, N.A. v. Steven C. Taylor, No. 18-02772, C.D. Calif.).
HARRISBURG, Pa. — The liquidator for Reliance Insurance Co. filed an application on July 23 with a Pennsylvania court for an order approving a recommendation on final guaranty association omnibus notices of determination (In re: Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).