BOSTON — A Massachusetts federal judge should reconsider a ruling that an arbitrator and not the court should decide whether an insurer’s reinsurance billings for sexual molestation claims against Boy Scouts of America (BSA) are barred by res judicata, underwriters say in an April 3 motion (Century Indemnity Co. v. Certain Underwriters at Lloyd’s, London, No. 19-11056, D. Mass.).
NEW YORK — An insurer tells a New York federal court in an April 3 reply brief that summary judgment should be awarded because a reinsurer does not contest that it breached an obligation to post $1.6 million in collateral and that the reinsurer should still be required to post that collateral (AmTrust North America Inc. v. Signify Insurance Ltd., et al., No 18-3779, S.D. N.Y.).
CHICAGO — An Illinois federal judge on April 6 confirmed a $514,103.67 arbitration award in favor of a reinsurer and against the liquidator of an insolvent insurer (Catalina Holdings (Bermuda) Ltd. v. Robert H. Muriel, No. 18-5642, N.D. Ill., 2020 U.S. Dist. LEXIS 59812).
WILMINGTON, Del. — A federal judge in Delaware on April 6 remanded a suit alleging that Senior Health Insurance Company of Pennsylvania (SHIP), in rehabilitation, and others breached a fiduciary duty over transactions involving reinsurance agreements (Principal Growth Strategies LLC, et al. v. AGH Parent LLC, et al., No. 19-1319, D. Del., 2020 U.S. Dist. LEXIS 59451).
FRESNO, Calif. — A class of mortgagers on April 1 saw their efforts to have an alleged “successor in interest” to a mortgage company joined to their lawsuit alleging anti-kickback violations tied to the requirement of having private mortgage insurers enter into captive reinsurance agreements with the mortgage company’s affiliated “reinsurer” denied (Efrain Munoz, et al. v. PHH Mortgage Corp., et al., No. 08-759, E.D. Calif., 2020 U.S. Dist. LEXIS 57575).
WILMINGTON, Del. — In light of the recent events surrounding the novel coronavirus, a Delaware chancellor in a March 31 docket entry approved a receiver’s request for more time to file the rehabilitation plan or to head to liquidation for reinsurer Scottish Re (U.S.) Inc. (SRUS) (In matter of Scottish Re [U.S.], Inc. in rehabilitation, No. 2019-0175-AGB, Del. Chanc.).
LINCOLN, Neb. — A letter from a workers’ compensation insurer on March 31 informed a Nebraska federal magistrate judge on the status of a related New Jersey suit concerning issues related to a staffing agency’s promissory note executed pursuant to a reinsurance participation agreement (RPA) (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb.).
NEW YORK — A Bermuda-based reinsurer’s securities fraud lawsuit was dismissed March 25 by a New York federal judge because the underlying alleged transaction was not a “domestic” transaction under the Securities Exchange Act (SEA) (Cavello Bay Reinsurance Limited v. Kenneth Shubin Stein, et al., No. 18-11362, S.D. N.Y., 2020 U.S. Dist. LEXIS 54184).
ATLANTA — A reinsurer argues in a March 26 reply brief that the 11th Circuit U.S. Court of Appeals has no jurisdiction over insurers’ appeal of a “non-final” order to arbitrate their dispute for alleged bad faith refusal to pay their reinsurance claim regarding a construction defects case settlement (Builders Insurance, et al. v. Fletcher Reinsurance Co., No. 20-10969, 11th Cir.).
NEW YORK — A hedge fund investor argues in his March 16 reply brief that the liquidators of two hedge funds failed to meet their burden “by clear and convincing evidence” of proving claims for fraud, breach of fiduciary duty and aiding and abetting regarding the investor’s alleged role in a hedge fund collapse (In re Platinum-Beechwood Litigation, No. 18-6658, Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y.).
CARMEL, N.Y. — A New York justice partially excluded expert testimony on March 6 in the defamation lawsuit between a former chairman and CEO of American International Group Inc. (AIG) and a former New York governor following an earlier dispute accusing the AIG chairman of making improper reinsurance transactions (Maurice R. Greenberg v. Eliot L. Spitzer, No. 800004/2018, N.Y. Sup., Putnam Co., 2020 N.Y. Misc. LEXIS 1003).
WASHINGTON, D.C. — The Reinsurance Association of America (RAA) and 35 other trade groups wrote to federal lawmakers on March 31 asking for their support of the COVID-19 Business and Employee Continuity and Recovery Fund in an effort to assist businesses being affected by the COVID-19 infection and coronavirus pandemic in the United States.
MIAMI — A Florida federal judge on March 30 dismissed a bad faith claim against a life insurer rather than abate that claim until a breach of contract claim is resolved in the lawsuit over a cost increase allegedly tied to captive reinsurance transactions that benefited the insurer’s corporate parent (Michael Foster, et al. v. Transamerica Life Insurance Co., No. 19-24969, S.D. Fla.).
SYRACUSE, N.Y. — A New York federal judge on March 30 denied reconsideration to an insurer of its earlier challenge in a reinsurance dispute over asbestos claims on whether testimony proved the value that the insurer placed on its insured’s agreement that the policies contained aggregate limits (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., No. 12-196, Munich Reinsurance America Inc. v. Utica Mutual Insurance Co., No. 13-743, N.D. N.Y.).
SYRACUSE, N.Y. — In a March 30 opposition brief, a reinsurer calls an insurer’s motion for reconsideration “a third bite at the apple” that “does not meet the extraordinarily high standard” for that motion and, as such, maintains that a New York federal judge should not reconsider whether testimony proved the value that the insurer placed on its insured’s agreement that the policies contained aggregate limits (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., No. 12-196, Munich Reinsurance America Inc. v. Utica Mutual Insurance Co., No. 13-743, N.D. N.Y.).
SEATTLE — A breach of contract case between a reinsurer and an association of state public entities has been scheduled by in a Washington federal judge’s March 25 order for a jury trial (Washington Cities Insurance Authority v. Ironshore Indemnity Inc., No. 19-54, W.D. Wash.).
CHICAGO — An Illinois federal judge on March 25 granted an insurer’s petition to confirm a final award in a reinsurance dispute over billings for asbestos claims, finding that the final award superseded an interim final award, which was never “mutual, final, and definite” (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., 2020 U.S. Dist. LEXIS 53923).
CHARLESTON, W.Va. — In a breach of contract and bad faith dispute, a West Virginia federal magistrate judge on March 25 compelled an insurer to produce reinsurance reports in its claim files regarding a fire loss to insureds’ car dealership (Mid-State Automotive, Inc., et al. v. Harco National Insurance Co., No. 19-407, S.D. W.Va., 2020 U.S. Dist. LEXIS 51727).
BILLINGS, Mont. — A Montana federal magistrate judge on March 24 dismissed claims against a business auto insurer concerning coverage for a South Dakota resident because the insurer’s reinsurance obligations in the state “do not speak” to its business operations to support the court’s general personal or specific jurisdiction over the insurer (First National Bank of Sioux Falls v. The Estate of Eric Ryan Carlson, et al., No. 18-111, D. Mont., 2020 U.S. Dist. LEXIS 51089).
By Larry P. Schiffer