Mealey's Insurance Insolvency

  • December 13, 2019

    Insured Opposes Reinsurer’s Request To Stay Case Due To Insurer’s Restraining Order

    BRIDGEPORT, Conn. — In response to a conservation order against an insurer, an insured argues on Dec. 12 that a Connecticut federal judge should deny a stay of its dispute against the insurer, a reinsurer and their affiliates over alleged violations in workers’ compensation insurance programs (Charter Oak Oil Co. Inc. v. Applied Underwriters Inc., et al., No. 17-00689, D. Conn.).

  • December 12, 2019

    Judge Approves Applications Over Claim Distribution, Value In Insurer’s Liquidation

    HARRISBURG, Pa. — In the liquidation proceedings of Reliance Insurance Co., a Pennsylvania judge on Dec. 4 approved the 100 percent distribution on class (b) and (c) notices of determination and approved an estimated claims value process for certain class (e) proofs of claim (In re:  Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.).

  • December 12, 2019

    Judge Refuses To Amend RICO Ruling To Exclude Certain Settling Insurers

    SAN JUAN, Puerto Rico — Finding that a settlement agreement was never approved by the court, a federal judge in Puerto Rico on Nov. 25 denied insureds’ request to exclude certain settling insurers in an award of summary judgment to the Joint Underwriting Association (JUA) and to other insurers, including some that are in liquidation, on class action allegations of violations of the Racketeer Influenced and Corrupt Organizations Act (Noemi Torres Ronda, et al. v. Joint Underwriting Association, et al., No. 11-1826, D. Puerto Rico).

  • December 12, 2019

    Justice Asks Parties To Show Cause On Approval Of Insurer’s Liquidation Procedure

    NEW YORK — A New York justice on Nov. 20 ordered interested parties to show cause why he should not approve a procedure for judicial review of recommended classifications and adjudications of claims in an insurer’s liquidation and why he should not appoint a referee to hear and report on objections (In re Atlantis Health Plan Inc., No. 450297/19, N.Y. Sup., New York Co.).

  • December 11, 2019

    Panel Reverses Judgment On LIGA, Employer’s Liability For Recommended Surgery

    BATON ROUGE, La. — In a workers’ compensation dispute, a Louisiana appeals panel on Dec. 9 reversed a judgment holding that an employer and the Louisiana Insurance Guaranty Association (LIGA), substituting for an insolvent insurer, are not responsible for medical expenses associated with a recommended surgery (Ronny Crowder v. Statewide Transport, Inc., et al., No. 2018 CA 1781, La. App., 1st Cir., 2019 La. App. LEXIS 2237).

  • December 10, 2019

    Insurers, Government Battle Over ACA Risk-Corridor Payments

    WASHINGTON, D.C. — The U.S. Supreme Court heard arguments on Dec. 10 about whether the Patient Protection and Affordable Care Act (ACA)’s “shall pay” language created a financial obligation for the government or at all times remained contingent on later congressional funding (Land of Lincoln Mutual Health Insurance Co. v. United States, No. 18-1038, Moda Health Plan Inc., et al. v. United States, No. 18-1028, Maine Community Health Options v. United States, No. 18-1023, U.S. Sup.).

  • December 10, 2019

    Majority: Appeal Untimely; No Jurisdiction To Consider Case Against Insolvent Insurer

    NEW ORLEANS — A majority of a Louisiana appellate panel on Dec. 4 held that an insured’s appeal in a coverage dispute with his insolvent insurer over an auto accident was not timely filed and, thus, there was no jurisdiction to consider the merits (Gerald J. Calogero v. USA Agencies Casualty Insurance Company, Inc., No. 2019-CA-0347, 2019 La. App. LEXIS 2184).

  • December 10, 2019

    Judge Dismisses Part Of Runoff Insurer’s Claims In Ponzi Scheme Dispute

    NEW YORK — A federal judge in New York on Dec. 5 dismissed a runoff insurer’s claims for civil conspiracy, contribution and indemnity and unjust enrichment against an investment bank and a financial services company because the runoff insurer failed to assert sufficient allegations to support them in a dispute concerning the investment of $320 million in a failed Ponzi scheme; however, the judge allowed aiding and abetting claims to survive (In re Platinum-Beechwood Litigation, No. 18-6658, Senior Health Insurance Company of Pennsylvania v. Lincoln International LLC, et al., No. 19-07137, S.D. N.Y., 2019 U.S. Dist. LEXIS 210412).

  • December 09, 2019

    Lack Of Evidence Insolvent Insurer Properly Canceled Auto Policy, Panel Finds

    GRETNA, La. — The Louisiana Insurance Guaranty Association (LIGA) failed “to present clear and unequivocal proof” that an insolvent insurer satisfied the requirements of Louisiana Revised Statutes Section 9:3550 for proper cancellation of an automobile insurance policy for nonpayment of a premium, a Louisiana appeals panel ruled Dec. 4 (Lucy Benitez v. Ahmed Elsayed, et al., No. 19-CA-122, 2019 La. App. LEXIS 2189).

  • December 09, 2019

    Judge Compels Liquidator To Arbitrate $150M Hurricane Loss Case Against Reinsurers

    SAN JUAN, Puerto Rico — A federal judge in Puerto Rico on Dec. 4 dismissed an insolvent insurer’s dispute over $150 million in losses from two hurricanes against its reinsurers and ordered the parties to proceed to arbitration pursuant to the clauses in the reinsurance contracts (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico).

  • December 04, 2019

    Judge Names California Insurance Commissioner As Insurer’s Conservator

    REDWOOD CITY, Calif. — A California judge on Nov. 4 appointed the state’s insurance commissioner as conservator of California Insurance Co. (CIC) and enjoined all litigation involving the insurer (Insurance Commissioner of the State of California v. California Insurance Co., No. 19CIV06531, Calif. Super., San Mateo Co.).

  • December 03, 2019

    Minnesota Court Affirms Terminated Law Firm’s Fee For Asbestos Trust Work

    MINNEAPOLIS — A trial court properly analyzed all eight factors in awarding a terminated law firm a portion of a $21.5 million settlement an asbestos trust received in an insurance dispute, a Minnesota appeals court held Dec. 2 (Faricy Law Firm PA v. API Inc., Asbestos Settlement Trust, No. A19-0846, Minn. App., 2019 Minn. App. Unpub. LEXIS 1118).

  • November 26, 2019

    Reinsurer, Insurer Ask For Stay Of Litigation Based On Insurer’s Restraining Order

    BRIDGEPORT, Conn. — Citing an insurer’s restraining order, a reinsurer, the insurer and affiliates in a Nov. 21 letter request that a Connecticut federal judge stay an insured’s case over alleged violations of Connecticut insurance, unfair trade practice and securities laws concerning workers’ compensation insurance programs (Charter Oak Oil Co. Inc. v. Applied Underwriters Inc., et al., No. 17-00689, D. Conn.).

  • November 25, 2019

    Judge Says He Would Lower Prejudgment Interest In Insurers’ Receiver’s Award

    ST. LOUIS — A federal judge in Missouri on Nov. 22 indicated that he would recalculate prejudgment interest to be $12.2 million in a total damages award of $99.4 million in favor of insolvent funeral insurers’ receiver and state insurance guaranty associations in a dispute regarding allegations over the mishandling of the insurers’ funds (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).

  • November 22, 2019

    Judge Upholds Deferring To Rule On Post-Acquittal Relief From Runoff Insurer

    NEW YORK — A federal judge in New York on Nov. 19 denied reconsideration of a decision to defer ruling on an investment company’s former executive’s post-acquittal relief for advancement of $708,784.77 in legal fees and costs from a runoff insurer because the executive fails to meet the strict standard for reconsideration (In re:  Platinum-Beechwood Litigation, No. 18-6658, David Levy v. Senior Health Insurance Company of Pennsylvania, No. 19-3211, S.D. N.Y., 2019 U.S. Dist. LEXIS 201679).

  • November 22, 2019

    Federal Judge Reconsiders Supersedeas Bond, Orders Runoff Insurer To Pay $467,795.32

    NEW YORK — A federal judge in New York on Nov. 19 ordered a runoff insurer to pay $467,795.32 to plaintiffs after reconsidering a previous order and set forth the procedures for advancement of fees and expenses under investment management agreements (IMAs) for third-party actions arising out of the runoff insurer’s initial fraud lawsuit over the mismanagement and misuse of $320 million (In re:  Platinum-Beechwood Litigation, No. 18-6658, B Asset Manager L.P., et al. v. Senior Health Insurance Company of Pennsylvania, No. 19-4487, S.D. N.Y.).

  • November 21, 2019

    Court Amends Order Of Liquidation Against Insurer On Finding Of Insolvency

    TALLAHASSEE, Fla. — A Florida trial court on Oct. 25 amended an order of liquidation against the Florida Specialty Insurance Co. (FSIC) to remove any finding that FSIC through its officers or directors “willfully violated the law” or that the insurer is insolvent under the law (State of Florida, et al. v. Florida Specialty Insurance Co., No. 2019 CA 002328, Fla. Cir., Leon Co.).

  • November 21, 2019

    Insurer’s Liquidator Had Authority To Seize $1M Settlement Check, Judge Says

    HARRISBURG, Pa. — An insurer’s liquidator had authority to intercept a $1 million settlement check intended for delivery to a plaintiff in a New Jersey civil action brought against the insurer and its insureds, a Pennsylvania judge ruled Oct. 17 (Jessica K. Altman v. Daniel Kyler, No. 1 HPI 2018, Pa. Cmwlth., 2019 Pa. Commw. LEXIS 1011).

  • November 19, 2019

    Insurer’s Receiver: Court Had No Jurisdiction To Decide Post-Estate Closure Motions

    KANSAS CITY, Mo. — The receiver for an insolvent insurer argues in an Oct. 15 brief to a Missouri appeals court that a trial judge was correct in denying motions filed after the insurer’s estate was closed because the judge had no jurisdiction to decide the matter (Arthur A. Blumeyer III v. Chlora Lindley-Myers, et al., No. WD82921, Mo. App., Western Dist.).

  • November 19, 2019

    Defendants Seek Reversal By 4th Circuit Over Report On Insurer’s Receiver’s RICO Claims

    RICHMOND, Va. — Defendants in Oct. 21 informal briefs request that the Fourth Circuit U.S. Court of Appeals reverse a recommendation to deny summary judgment in part on a special deputy receiver’s claims under the Racketeer Influenced and Corrupt Organizations Act alleging a scheme to defraud a multiple-employer self-insured health plan with fraudulent letters of credit (LOCs) (Michael J. FitzGibbons, et al. v. De’Shaun Williams, et al., No. 19-2049, 4th Cir.).