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Mealey's Reinsurance

  • August 1, 2019

    Health Aides Reject Insurer’s Standing Arguments Over ERISA Claims In Lost Wages Case

    BROOKLYN, N.Y. — In response to a motion to dismiss a case alleging that a captive insurance and reinsurance scheme cheated home health aides out of lost wages and benefits, the aides argue in a July 26 brief to a New York federal court that a captive insurer and affiliates’ “flawed” standing argument cannot keep out Employee Retirement Income Security Act claims (Ynes M. Gonzalez de Fuente, et al. v. Preferred Home Care of New York LLC, et al., No. 18-6749, E.D. N.Y.).

  • August 1, 2019

    Insurer Refutes Application Of New York Law Over Reinsurance Billings Dispute

    BOSTON — In a dispute over outstanding reinsurance billings for settlement payments made over sexual molestation allegations, an insurer argues in a July 19 surreply that a Massachusetts federal court should reject underwriters’ arguments regarding application of New York law and the parties’ intention to have a court rule on disputes that billings are barred by prior arbitration awards, which were raised for the first time in their reply brief to a motion to dismiss (Century Indemnity Co. v. Certain Underwriters at Lloyd’s London, No. 19-11056, D. Mass.).

  • August 1, 2019

    Judge Upholds Percentages For Allocation Of Expenses In Runoff Insurer’s Misuse Case

    NEW YORK — A federal judge in New York on July 23 denied reconsideration of his ruling on the allocation of advancement of expenses in several lawsuits connected to a runoff insurer’s case over allegations of misuse of $320 million by affiliates of a failed Ponzi scheme (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 123735).

  • August 1, 2019

    Reinsurer, Affiliates Seek To Dismiss Counterclaims In Case Over Workers’ Comp Program

    OMAHA, Neb. — A reinsurer and its affiliates on July 26 asked a Nebraska federal court to dismiss insureds’ fourth amended answer, counterclaims and third-party claims and to strike a request for punitive damages in their breach of contract dispute over a workers’ compensation program involving a reinsurance participation agreement (RPA) (Applied Underwriters Captive Risk Assurance Company Inc. v. Ramesh Pitamber & Kusum Pitamber, et al., No. 17-61, D. Neb.).

  • July 31, 2019

    4th Circuit Remands Insurance Bad Faith Case In Light Of Discovery Ruling

    RICHMOND, Va. — In an insurance bad faith action against an insurer for its failure to defend an insured in a construction defect action, the Fourth Circuit U.S. Court of Appeals on July 25 remanded to a district court for instructions in accordance with the South Carolina Supreme Court’s ruling that “denying liability and/or asserting good faith in the answer does not, standing alone,” waive attorney-client privilege for claim files addressing the insurer’s reinsurance and reserves (In re:  Mt. HawleyInsuranceCo., No. 18-1401, 4th Cir., 2019 U.S. App. LEXIS 22356).

  • July 31, 2019

    Judge Denies Class Certification In Dispute Against Reinsurer, Affiliates Over Unapproved Rates

    NEW YORK — In a case alleging that a reinsurer and its affiliates sold insurance policies that charged rates not approved by regulators, a New York federal judge on July 27 denied certification of a class of New York businesses that purchased workers’ compensation coverage from the defendants because insureds failed to show that the class action procedure would be “superior to other available methods for fairly and efficiently adjudicating the controversy” (National Convention Services LLC, et al. v. Applied Underwriters Captive Risk Assurance Company Inc., et al., No. 15-07063, S.D. N.Y., 2019 U.S. Dist. LEXIS 125810).

  • July 29, 2019

    Ambiguity Exists As To Whether Asbestos Defense Costs Are Covered, Judge Says

    ALBANY, N.Y. — A New York federal judge on July 25 denied a reinsurer’s motion for partial summary judgment in an asbestos coverage dispute after determining that an ambiguity exists as to whether defense costs paid by an insurer on behalf of an insured are covered under the reinsurance policies at issue (Utica Mutual Insurance Co. v. Clearwater Insurance Co., No. 13-1178, N.D. N.Y., 2019 U.S. Dist. LEXIS 124077).

  • July 22, 2019

    Reinsurer Appeals Judge’s Confirmation Of Final Arbitration Award

    SAN FRANCISCO — A reinsurer on July 18 appealed a California federal judge’s confirmation of a final arbitration award to the Ninth Circuit U.S. Court of Appeals in a dispute over fees allegedly owed under two reinsurance participation agreements (RPAs) (Mike Rose’s Auto Body Inc. v. Applied Underwriters Captive Risk Assurance Company Inc., No. 19-16410, 9th Cir.).

  • July 22, 2019

    Judge Dismisses Civil Conspiracy Claim Against Disability Life Insurer

    MONTGOMERY, Ala. — An Alabama federal judge on July 17 dismissed a civil conspiracy claim against a disability life insurer in an insured’s breach of contract and bad faith case against the insurer and a reinsurer over the denial of disability benefits (Horace R. Theriot Jr. v. The Northwestern Mutual Life Insurance Co., et al., No. 18-688, M.D. Ala.).

  • July 19, 2019

    Liquidators:  Any Recognition Order In Reinsurer’s Bankruptcy Not To Affect Their Proceedings

    NEW YORK — To the extent that a New York bankruptcy court recognizes a foreign proceeding, creditors and parties in interest to a reinsurer’s bankruptcy proceeding ask in a July 16 motion that they be allowed to bring their claims against the debtor in their own proceedings and that those litigations not be subject to any stay (In re Beechwood Re, No. 19-11560, Chapter 15, S.D. N.Y. Bkcy.).

  • July 18, 2019

    Reinsurer Settles With Claims Processor Over Fraudulent Transfer Allegations

    SAN DIEGO — A California federal magistrate judge on July 16 confirmed a settlement reached between a reinsurer and claims processor and its CEO over allegations that they assisted in fraudulently transferring assets belonging to an insolvent insurance agency to avoid paying a $3.2 million judgment (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif.).

  • July 18, 2019

    Reinsurer:  Judge Should Hear New Case Law Over Collateral Estoppel Issue

    UTICA, N.Y. — A reinsurer argues in a July 15 reply brief that a New York federal judge should reconsider a decision on the issue of collateral estoppel because a recent decision in a similar case “marks a major new development in this case” and requires dismissal of an insurer’s breach of contract claim in a case over coverage for settlements of asbestos claims (Utica Mutual Insurance Co. v. Century Indemnity Co., No. 13-995, N.D. N.Y.).

  • July 18, 2019

    Massachusetts Justice Denies Reinsurers’ Motion To Compel Discovery

    SUFFOLK, Mass. — A Massachusetts justice on June 19 denied a motion to compel filed by reinsurers in an environmental contamination coverage dispute after determining that the reinsurers failed to prove that discovery regarding an insurer’s declaratory judgment action against an insured is relevant to whether coverage exists for a settlement between the insurer and the insured (Lamorak Insurance Co. v. Certain Underwriters at Lloyd’s, London, No. 1884CV00200-BLS2, Mass. Super., Suffolk, 2019 Mass. Super. LEXIS 385).

  • July 17, 2019

    $8.65M Loss Suffered In Dispute With Reinsurer, Norwegian Insurer Says

    OSLO, Norway — A Norwegian insurer sustained a $8.65 million loss in an arbitration dispute with its reinsurer over claims related to a 2017 fire in London, according to a July 10 filing.

  • July 17, 2019

    Insurer’s Rehabilitator Asks For Lift Of Stay, Remand Of Reinsurance Dispute

    SAN JUAN, Puerto Rico — An insurer’s rehabilitator on July 8 asked a Puerto Rico federal judge to lift a stay of a dispute between the insurer and various of its reinsurers regarding losses from two hurricanes and then remand the case to the insurer’s rehabilitation proceeding (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico).

  • July 17, 2019

    Reinsurer Seeks Attorney Fees For Liquidator’s ‘Failed’ Motion To Dismiss Award

    CHICAGO — A reinsurer asks an Illinois federal court in a July 8 motion to award it attorney fees and costs because an insolvent insurer’s liquidator’s motion to vacate a $437,000 arbitration award has “no chance of success” (Catalina Holdings [Bermuda] Ltd. v. Jennifer Hammer, No. 18-5642, N.D. Ill.).

  • July 16, 2019

    Insolvent Insurer’s Owner, President Allege Violation Of Constitutional Rights

    SAN JUAN, Puerto Rico — An insolvent insurer’s stock owner, its president and vice president sued the Puerto Rico insurance commissioner and others on July 11 in a federal court in Puerto Rico, alleging that defendants engaged in a civil conspiracy to deprive them of their constitutional rights (Victor J. Salgado and Associates Inc., et al. v. Javier Rivera-Rios, et al., No. 19-01663, D. Puerto Rico).

  • July 15, 2019

    Judge Dismisses Farmers’ Complaint Against Crop Insurers, Federal Agencies

    DETROIT — A Michigan federal judge on July 12 dismissed a second amended complaint in farmers’ putative class action against crop insurers and the federal agencies that reinsure crop insurers over allegations that the defendants are liable for loss of revenue protection in 2015 because the federal agencies failed to use the actual market price as the harvest price to provide revenue protection under a dry bean revenue endorsement (DBRE) (Gregory Ackerman, et al. v. U.S. Department of Agriculture, et al., No. 17-11779, E.D. Mich., 2019 U.S. Dist. LEXIS 116080).

  • July 15, 2019

    Federal Judge Dismisses Investor’s RICO Claims In Alleged Reinsurance Scheme

    KANSAS CITY, Kan. — In a dispute over an alleged reinsurance scheme, a Kansas federal judge on July 12 ruled that an investor’s Racketeer Influenced and Corrupt Organizations (RICO) Act claim involving the financial strength of an investment company is reverse-preempted under the McCarran-Ferguson Act and that a RICO theory alleging the fraudulent design of the annuity at issue fails to state a claim (Albert Ogles v. Security Benefit Life Insurance Co., et al., No. 18-02265, D. Kan., 2019 U.S. Dist. LEXIS 116147).

  • July 15, 2019

    Bankruptcy Judge Denies Provisional Relief To Reinsurer’s Liquidator On Security Issue

    NEW YORK — A New York bankruptcy judge on July 10 denied a liquidator’s application for provisional relief staying a decision not yet issued in a New York federal court on a motion seeking an order requiring a reinsurer to post $250 million in additional security (In re Beechwood Re, No. 19-11560, Chapter 15, S.D. N.Y. Bkcy., 2019 Bankr. LEXIS 2077).

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