PHILADELPHIA — A Pennsylvania federal judge did not err in sending a consolidation question to a new panel of arbitrators instead of the previous panel, the Third Circuit U.S. Court of Appeals affirmed Dec. 6 in a reinsurance coverage dispute over lead paint losses arising in the Maryland area (Pennsylvania National Mutual Casualty Insurance Co. v. New England Reinsurance Corp., et al., No. 19-1805, 3rd Cir., 2019 U.S. App. LEXIS 36388).
MISSOULA, Mont. — A joint risk pool for an association of Montana counties sued its reinsurers in Montana federal court on Dec. 5, seeking $2.65 million for the reinsurers’ breach of contract when it refused to pay a settled liability claim (Montana Association of Counties Property and Casualty Trust v. Certain Underwriters at Lloyds, No. 19-196, D. Mont.).
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).
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).
CHICAGO — An insurer argues in a Nov. 22 brief that an Illinois federal court should confirm a final award in its reinsurance billings dispute over asbestos claims and reject a reinsurer’s motion to confirm an interim award (Allstate Insurance Co. v. Amerisure Mutual Insurance Co., No. 19-4341; Amerisure Mutual Insurance Co. v. Allstate Insurance Co., No. 19-7080, N.D. Ill.).
ST. LOUIS — An arbitrator did not exceed his powers in denying a farmer’s claim based on the appraised value of the crop nor did the arbitrator exceed his powers by making a good farming practices determination, the Eighth Circuit U.S. Court of Appeals held Dec. 2, remanding for confirmation of an arbitration award in favor of a federally reinsured crop insurer (Terry R. Balvin v. Rain and Hail LLC, Nos. 18-3018 & 18-3061, 8th Cir., 2019 U.S. App. LEXIS 35750).
UTICA, N.Y. — In an “epilogue to a hard-fought contract dispute” between an insurer and a reinsurer over the reinsurer’s alleged breach of two indemnity agreements for asbestos claim settlements, a New York federal judge on Dec. 3 denied the reinsurer’s motion to amend or correct the judgment, renewed motions for judgment as a matter of law, motion for a new trial and motion for post-trial discovery (Utica Mutual Insurance Co. v. Century Indemnity Co., No. 13-995, N.D. N.Y., 2019 U.S. Dist. LEXIS 207547).
BIRMINGHAM, Ala. — A former inmate alleges in a Nov. 26 first amended complaint that the city of Jasper, Ala., and employees at the police department and its jail infringed upon her constitutional rights when she was sexually harassed during her time in jail and that she is entitled to an assignment of rights under the city insurer’s reinsurance treaties or other agreements (Charity Tessener v. J.C. Poe, Jr., et al., No. 19-01314, N.D. Ala.).
NEW YORK — A federal judge in New York on Nov. 25 confirmed an undisclosed arbitration award in favor of a reinsurer in a dispute with insurers over losses under a second blanket casualty excess of loss reinsurance agreement and ordered the parties to publicly file all documents previously sealed (TIG Insurance Co. v. National Union Fire Insurance Company of Pittsburgh, PA, et al., No. 19-10238, S.D. N.Y., 2019 U.S. Dist. LEXIS 205120).
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.).
WASHINGTON, D.C. — Trustees of the United Mine Workers of America (UMWA) pension plan argue in a Nov. 21 brief that there is evidence of a Bermuda reinsurer’s contacts with the United States and that discovery will reveal additional evidence to support personal jurisdiction by a District of Columbia federal court over alleged violations of the Employee Retirement Income Security Act regarding the failure to make $934 million in withdrawal liability payments (Michael H. Holland, et al. v. Cardem Insurance Company Ltd., No. 19-02362, D. D.C.).
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).
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.).
ST. JOSEPH, Mo. — A federal judge in Missouri on Nov. 19 affirmed a $1.4 million arbitration award in favor of a farmer because the farmer was entitled to indemnity from a federally reinsured crop insurer for corn crop losses sustained in 2013 (Great American Insurance Co. v. Jonathan Russell, No. 16-9001, W.D. Mo., 2019 U.S. Dist. LEXIS 200211).
NEW YORK — An investment bank and a financial services company argue in a Nov. 18 reply brief to a New York federal court that despite 18 months and the benefit of discovery, a runoff insurer fails to allege that two valuation reports prepared by them “substantially assisted” an alleged fraud or caused damage to the runoff insurer in the investment of $320 million in a failed Ponzi scheme (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.).
NEW YORK — Following an earlier ruling dismissing a reinsurer’s counterclaims concerning termination and rescission of a reinsurance agreement, an insurer in a Nov. 14 letter writes to a New York federal judge proposing that settlement discussions continue with the reinsurer (AmTrust North America Inc. v. Signify Insurance Ltd., et al., No 18-3779, S.D. N.Y.).
OMAHA, Neb. — A former employee argues in a Nov. 12 opposition brief that a Nebraska federal court should deny a federally reinsured crop insurer’s request for an order of civil contempt because the former employee says she has not violated the court’s preliminary injunction order (Farm Credit Services of America FLCA v. Kathy Mens, No. 19-14, D. Neb.).
NEW YORK — A federal judge in New York on Nov. 14 refused to stay pending an insurer’s recent appeal of his decision granting reinsurers’ declaratory relief in a dispute over which of two arbitrations has jurisdiction to decide reinsurance billings for asbestos losses because the insurer “failed to make the requisite strong showing of likelihood of success on the merits” (Chicago Insurance Co. v. General Reinsurance Corp., et al., No. 18-10450, S.D. N.Y.).
NEW YORK — A federal judge in New York on Nov. 12 declined to sever claims made by a runoff insurer against a defendant in two separate lawsuits arising out of allegations of a hedge fund scheme and the misuse and mismanagement of $320 million (In re Platinum-Beechwood Litigation, No. 18-6658, Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936; Melanie L. Cyganowski, et al. v. Beechwood Re Ltd., et al., No. 18-12018, S.D. N.Y.).
AUSTIN, Texas — A reinsurer and an insolvent insurer, as debtors, ask a Texas federal bankruptcy court in a Nov. 12 brief to waive compliance requirements for $5 million in proceeds from a life insurance policy with the account where the proceeds are currently being held (In re: Capson Corp., et al., Nos. 19-10890, 19-10893 & 19-10894, W.D. Texas Bkcy.).