PATERSON, N.J. — A pedestrian seeks damages in a March 13 complaint filed in a New Jersey court from the state’s insurance guaranty association for injuries from a vehicle accident caused by the negligence of an unknown driver (Claudia Hunter v. The New Jersey Property-Liability Insurance Guaranty Association, et al., No. PAS-L-000868-18, N.J. Super., Passaic Co.).
WILMINGTON, Del. — In a Chapter 11 proceeding filed by a reinsurance firm, a Delaware bankruptcy judge on Feb. 28 approved bidding procedures between the firm, unsecured creditors and its stalker horse bidder in a planned sale of the reinsurance firm’s operating subsidiary’s stock (In re Scottish Holdings Inc., et al., No. 18-10160, D. Del. Bkcy.).
WILMINGTON, Del. — Common stockholders of a bankrupt insurance and reinsurance services company on March 2 moved for certification of their class and appointment of class representatives and counsel in a Delaware bankruptcy court lawsuit in which the company is accused of laying off employees without proper notice under the Workers’ Adjustment and Retraining Notice Act (WARN Act) (In re: Patriot National Inc., et al., Chapter 11, No. 18-10189, Michelle L. Cole, et al. v. Patriot National Inc., et al., Adv. Pro. No. 18-5, D. Del. Bkcy.).
NEW YORK — In a New York federal court dispute over reinsurance proceeds allegedly owed to an insolvent insurer, a liquidator on Jan. 31 requested that a default judgment be entered on his third-party breach of contract claim against a holding company (Roger A. Sevigny v. Trygvesta Forsikring A/S, Trygvesta Forsikring A/S v. Cerberus Holding Company LLC, No. 16-04874, S.D. N.Y.).
WILMINGTON, Del. — A doctor on Feb. 20 in a Delaware trial court moved to stay a medical malpractice case against him and hospitals pursuant to a liquidation order issued against his insurer (Jocelyn Rice v. Bayhealth Medical Center Inc., et al., No. N16C-10-158, Del. Super.).
WASHINGTON, D.C. — A former employee of an insolvent insurer on Feb. 12 petitioned the U.S. Supreme Court on whether, in defamation suits, “a court must distinguish between false and defamatory statements of ‘fact’ and false and defamatory statement of ‘opinion,’ with the latter afforded protection from liability for defamation under the First Amendment” (Jamus Jacobs v. The Oath for Louisiana, et al., No. 17-1146, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 594).
ATLANTA — A Georgia federal judge on Feb. 28 closed, rather than staying, a dispute between a workers’ compensation insurer over whether its policies insured certain staffing companies for claims also tendered to an insolvent insurer pending the parties’ ongoing settlement negotiations (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-03975, N.D. Ga.).
BOISE, Idaho — The Idaho Insurance Guaranty Association (IIGA) on March 9 moved in an Idaho federal court to dismiss for lack of jurisdiction a lawsuit brought by a trust bank against its insolvent insurer (Idaho Trust Bank v. BancInsure Inc., et al., No. 12-00032, D. Idaho).
FRANKFORT, Ky. — After an earlier order denying arbitration was vacated on appeal, an administrative services provider on Feb. 26 filed a renewed motion to compel arbitration of a dispute with an insolvent insurer’s liquidator (Nancy G. Atkins v. CGI Technologies and Solutions Inc., No. 16-00037, E.D. Ky.).
PATERSON, N.J. — A New Jersey pedestrian injured from a hit-and-run vehicle accident alleges in a March 6 complaint filed in a New Jersey court that the state’s insurance guaranty association is responsible for her medical costs (Morghan Tisdol v. New Jersey Property Liability Insurance Guaranty Association, No. PAS-L-000768-18, N.J. Super., Passaic Co.).
DALLAS — An arbitration award against contractors was not in direct violation of the Texas Property and Casualty Insurance Guaranty Act when their insurer became impaired, a Texas appeals panel ruled Feb. 28 (The Holmes Builders at Castle Hills Ltd., et al. v. Alfred H. Gordon, et al., No. 05-16-00887, Texas App., 5th Dist., 2018 Tex. App. LEXIS 1572).
FRANKFORT, Ky. — An insured vs. insured exclusion bars coverage for a deputy rehabilitator’s negligence claims against a school board association, a majority of the Kentucky Court of Appeals ruled March 9; however, the majority affirmed that insurance coverage existed for identical claims against a board of trustees (Certain Underwriters at Lloyd’s, London v. Joseph N. Pope Jr., et al., No. 2016-CA-001028-MR, Ky. App., 2018 Ky. App. Unpub. LEXIS 131).
OKLAHOMA CITY — An Oklahoma federal judge on March 8 granted an insolvent insurer’s receiver’s request for leave to amend his negligence lawsuit against reinsurance intermediaries for their alleged negligence in providing reinsurance services to the insurer (State of Oklahoma, et al. v. Axiom Re LP, et al., No. 17-0484, W.D. Okla., 2018 U.S. Dist. LEXIS 38131).
ALBANY, N.Y. — An insurance agent’s conduct was not the proximate cause of an insolvent insurer’s losses under surety bonds, the Third Department New York Supreme Court Appellate Division held March 8, affirming the dismissal of the insurer’s negligence, breach of contract and breach of fiduciary duty claims (Frontier Insurance Co. in liquidation v. Merritt & McKenzie Inc., No. 524078, N.Y. Sup., App. Div., 3rd Dept., 2018 N.Y. App. Div. LEXIS 1525).
HARRISBURG, Pa. — Pursuant to a liquidation order of an insolvent insurer, the Pennsylvania Superior Court on Feb. 12 issued an automatic stay of a negligence dispute against a hospital, a radiology group and a doctor in which a jury awarded $5 million to a woman (Anita E. Tong-Summerford v. Abington Memorial Hospital and Radiology Group of Abington, P.C., et al., Nos. 3114 EDA 2016 & 3310 EDA 2016, Pa. Super., 2018 Pa. Super. LEXIS 113).
CONCORD, N.H. — Responding to a $200,000 settlement by the liquidator of The Home Insurance Co. with an additional insured on lead bodily injury claims, another insurer in a Jan. 4 filing tells a New Hampshire trial court that it reserves its rights to contribution claims (In the Matter of the Liquidation of The Home Insurance Co., No. 03-E-0106, N.H. Super., Merrimack Co.).
PITTSBURGH — A Pennsylvania insurance guaranty association will pay $6 million to the asbestos trust planned in the Chapter 11 case of debtor Geo. V. Hamilton Inc. to resolve a coverage dispute involving five policies issued to Hamilton by now-insolvent insurers, with a federal bankruptcy judge approving the deal Feb. 14 (In re Geo. V. Hamilton, Inc., No. 15-23704, W.D. Pa. Bkcy.).
TRENTON, N.J. — Two claimants allege in a Feb. 16 complaint filed in the New Jersey federal court that they are entitled to benefits from the New Jersey Property Liability Guaranty Association (NJPLIGA) for injuries arising from a motor vehicle accident involving an unidentified motor vehicle owner and operator (Porfirio Torres, et al. v. New Jersey Property Liability Insurance Guaranty Association, No. 18-02290, D. N.J.).
TALLAHASSEE, Fla. — Insurance Company of the Americas (ICA) was ordered into liquidation on Jan. 24 by a Florida trial judge, and the Florida Department of Financial Services (FDFS) was named receiver (In re: The Receivership of Insurance Company of the Americas, No. 2018 CA 00125, Fla. Cir., Leon Co.).
BOISE, Idaho — An Idaho federal magistrate judge on Feb. 16 lifted a stay against the Idaho Insurance Guaranty Association (IIGA) in a trust bank’s coverage dispute but declined to lift a stay and grant a preliminary injunction against an insolvent insurer (Idaho Trust Bank v. BancInsure Inc., et al., No. 12-00032, D. Idaho, 2018 U.S. Dist. LEXIS 26168).