Mealey's Reinsurance
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October 19, 2018
Plaintiff Opposes Dismissal Of Contract, Bad Faith Claims Against Reinsurer
MONTGOMERY, Ala. — A reinsurer’s motion to dismiss breach of contract, bad faith and fraud claims should be denied, according to a plaintiff’s Oct. 16 brief in an Alabama federal court over the denial of benefits under four long-term disability insurance policies (Horace R. Theriot Jr. v. The Northwestern Mutual Life Insurance Co., et al., No. 18-688, M.D. Ala.).
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October 18, 2018
Reinsurers Seek Partial Dismissal Of Run-Off Insurer’s Mismanagement Lawsuit
NEW YORK — In a run-off insurer’s New York federal case alleging mismanagement and misuse of $320 million in investments, reinsurers, their affiliates and current and former owners, officers and insiders in an Oct. 15 motion seek partial dismissal of all claims that are duplicative of the ones for breach of contract (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).
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October 18, 2018
Reinsurer Asks Court To Confirm Arbitration Award Against Insolvent Insurer
CHICAGO — Opposing a request for dismissal by an insolvent insurer’s liquidator, a reinsurer argues in an Oct. 15 brief that an Illinois federal court has jurisdiction to confirm an arbitration award for $437,000 in attorney fees (Catalina Holdings (Bermuda) Ltd. v. Jennifer Hammer, No. 18-05642, N.D. Ill.).
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October 9, 2018
An Update: Should Follow The Settlements Be Implied Into Reinsurance Contracts?
By Robert M. Hall
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October 18, 2018
Reinsurer: Insurer Does Not Oppose Petition To Confirm Arbitration Award
NEW YORK — A reinsurer tells a New York federal court in a Sept. 11 letter that an insurer is not opposing its petition to confirm an arbitration award in a dispute over denied billings in a retrocessional reinsurance relationship (Continental Insurance Co. v. AXA Versicherung AG, No. 18-7349, S.D. N.Y.).
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October 17, 2018
Pennsylvania High Court Denies Review Of Expenses Under Reinsurance Certificates
HARRISBURG, Pa. — The Pennsylvania Supreme Court on Oct. 15 declined to review a lower court’s ruling that reinsurance facultative certificates covered defense expenses in excess of a liability cap and that insurers were entitled to interest on certain proofs of loss for asbestos claims issued before 2013 (Century Indemnity Co. v. OneBeacon Insurance Co., No. 68 EM 2018, Pa. Sup., 2018 Pa. LEXIS 5398).
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October 16, 2018
Judge Closes Insolvent Insurer’s Receiver Case Over Actuary Services Failure
OKLAHOMA CITY — An Oklahoma federal judge on Oct. 12 administratively closed a dispute between an insolvent insurer’s receiver and an actuary services provider over allegations for failure to properly investigate and accurately report on the insurer’s financial standing and reinsurance contracts (Oklahoma ex rel., John D. Doak v. CTK Actuarial Services Inc., No. 17-371, W.D. Okla.).
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October 15, 2018
Insurer Tells Federal Court Reinsurer Failed To Show Late Notice Defense
NEW YORK — In a New York federal reinsurance coverage dispute for a trucking accident, a ceding insurer argues in an Oct. 11 partial summary judgment and opposition motion that a reinsurer failed to establish a late notice defense as well as prejudice (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).
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October 12, 2018
Reconsideration Sought By Reinsurer On Collateral Estoppel, Standing Issues
UTICA, N.Y. — In a dispute with an insurer over settlements of asbestos claims, a reinsurer in an Oct. 10 motion seeks reconsideration of a New York federal judge’s ruling because controlling evidence on the collateral estoppel issue and controlling decisions on the standing issue were overlooked (Utica Mutual Insurance Co. v. Century Indemnity Co., No. 13-995, N.D. N.Y.).
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October 12, 2018
Insurer Seeks Rehearing On 2nd Circuit’s Ruling On Reinsurer’s Liability
NEW YORK — An insurer in an Oct. 9 petition asks for a rehearing of the Second Circuit U.S. Court of Appeals’ ruling that a reinsurer’s liability is expense‐supplemental because the reinsurer’s obligations under reinsurance contracts follow the insurer’s expense‐supplemental obligations under umbrella policies (Utica Mutual Insurance Co. v. Clearwater Insurance Co., Nos. 16-2535 & 16-2824, 2nd Cir.).
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October 12, 2018
Reinsurers Give Notice Of Appeal In RICO Dispute Over Car Dealer’s Estate
EL PASO, Texas — A Texas federal judge’s dismissal of a federal civil Racketeer Influenced and Corrupt Organizations Act claim from a lawsuit concerning a deceased car dealer’s estate is being appealed, according to an Oct. 9 notice given by two offshore reinsurers and their owner (Richard C. Poe II, et al. v. Anthony E. Bock, et al., No. 17-00232, W.D. Texas).
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October 11, 2018
Insurer Denies Contractual Indemnification Allegations Asserted By Bank
COLUMBIA, S.C. — In an Oct. 1 brief in South Carolina federal court, an insurer denies allegations asserted in a contractual indemnification counterclaim by a bank being 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.).
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October 11, 2018
Judge Grants Reinsurer’s Claim For Interpleader In Case Over Periodic Payments
MILWAUKEE — In a dispute over periodic payments, a Wisconsin federal judge on Sept. 26 granted a reinsurer’s claim for interpleader and awarded $4,000 to the reinsurer in attorney fees (American General Life Insurance Co. v. Amanda Hebard, et al., No. 18-654, E.D. Wis.).
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October 8, 2018
Reinsurance Intermediaries Seek Document Production In Negligence Lawsuit
OKLAHOMA CITY — Reinsurance intermediaries in a Sept. 26 motion ask that an Oklahoma federal court compel an insolvent insurer’s receiver to produce a settlement agreement regarding an underlying action as it relates to the receiver’s lawsuit alleging negligence in reinsurance services provided to the insurer (Oklahoma, et al. v. Axiom Re LP, et al., No. 17-0484, W.D. Okla.).
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October 8, 2018
Reinsurers Seek Confirmation Of Arbitration Award For Sexual Molestation Claims
BOSTON — Underwriters subscribing to reinsurance contracts in an Oct. 1 petition request that a Massachusetts federal court confirm an arbitration award regarding sexual molestation losses asserted against a reinsured’s policyholder, Boy Scouts of America (BSA) (Certain Underwriters at Lloyd’s London v. Century Indemnity Co., No. 18-12041, D. Mass.).
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October 4, 2018
Insurer: Jurisdiction Exists To Hear Breach Of Contract Case Against Reinsurer
MIAMI — In a Sept 27 opposition to an excess reinsurer’s motion to dismiss, an international health insurer argues that a Florida federal court has subject matter jurisdiction over the insurer’s breach of contract lawsuit (VIP Universal Medical Insurance Group Ltd. v. BF&M Life Insurance Company Ltd., et al., No. 17-24633, S.D. Fla.).
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October 4, 2018
Plaintiff: No Ruling On Merits Of Breach Of Contract Case Against Reinsurers
WASHINGTON, D.C. — In seeking leave to file an amended complaint to recover a $26 million arbitration award, a financial services company argues in a Sept. 17 reply brief that a District of Columbia federal judge did not previously issue a decision on the merits of its case because the judge held only that he lacked personal jurisdiction over reinsurers (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C.).
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October 4, 2018
Reinsurer, Insurer Agree To Discovery Plan In Breach Of Contract Case
DETROIT — In a breach of contract dispute over coverage for asbestos claims, a reinsurer and insurer on Sept. 14 submitted to a Michigan federal court their agreed-upon discovery plan (Amerisure Mutual Insurance Co. v. Transatlantic Reinsurance Co., No. 18-11966, E.D. Mich.).
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September 24, 2018
COMMENTARY: Authority Of An Arbitration Panel To Order Confidentiality And A Hold Harmless
By Debra J. Hall and Robert M. Hall
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October 4, 2018
Reinsurer Seeks Judgment On Late Notice Issue In Trucking Accident Case
NEW YORK — In a Sept. 13 motion for summary judgment, a reinsurer argues to a New York federal court that its cedent breached the reinsurance contract by failing to timely notify the reinsurer of an underlying dispute involving a trucking accident (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).