Mealey's Reinsurance

  • January 30, 2020

    Runoff Insurer Dismisses Appeal To 2nd Circuit Of Orders On Fee Advancements

    NEW YORK — A runoff insurer on Jan. 22 dismissed its appeal to the Second Circuit U.S. Court of Appeals regarding four orders over the 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 (B Asset Manager L.P., et al. v. Senior Health Insurance Company of Pennsylvania, No. 19-4239, 2nd Cir.).

  • January 24, 2020

    Judge Grants Reinsurer Default Judgment In Breach Of Fiduciary Duty Case

    DALLAS — A Texas federal judge on Jan. 21 granted default judgment to a reinsurer on its claims for aiding and abetting breach of fiduciary duty and for tortious interference with contract with regard to unreturned premiums under auto insurance policies (Lincoln General Insurance Co. v. U.S. Auto Insurance Services, Inc., et al., No. 16-03198, N.D. Texas).

  • January 24, 2020

    Judge Dismisses Claims Over Judgment Creditor Rights Under Reinsurance Agreements

    JASPER, Ala. — In six sexual misconduct lawsuits filed by former prison inmates, an Alabama federal judge on Jan. 23 dismissed claims in four of the lawsuits for declaratory judgment as creditors of an insurer’s rights under reinsurance agreements because there is no jurisdiction over the state law claims (Stacey Bridges v. J.C. Poe Jr., et al., No. 19-529, Charity Tessener v. J.C. Poe Jr., et al., No. 19-1314, Jessica Rainer v. J.C. Poe Jr., et al., No. 19-1392, Whitley Goodson v. J.C. Poe Jr., et al., No. 19-1399, Megan Dunn v. J.C. Poe Jr., et al., No. 19-1571, Allison Mann v. J.C. Poe Jr., et al., No. 19-1961, N.D. Ala., 2020 U.S. Dist. LEXIS 11240).

  • January 23, 2020

    Reinsurers Oppose Motion To Alter Ruling Sending $150M Loss Case To Arbitration

    SAN JUAN, Puerto Rico — Reinsurers in Jan. 21 opposition briefs argue that a Puerto Rico federal judge should deny an insolvent insurer’s liquidator motion to alter a decision sending a $150 million hurricane loss case to arbitration because there was no manifest error with the ruling (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico).

  • January 22, 2020

    DOJ Updates Judge In SEC’s Case Over Schemes To Defraud Insurers, Reinsurance Trusts

    NEW YORK — The U.S. Department of Justice wrote to a New York federal judge on Jan. 17 updating him on the status of pending criminal proceedings that served as the reasons for a stay of the Securities and Exchange Commission’s lawsuit alleging that two individuals “perpetrated multiple schemes to defraud their advisory clients, which were insurance companies and reinsurance trusts” (United States v. Alexander C. Burns, et al., No. 18-9477, S.D. N.Y.).

  • January 22, 2020

    Life Insurers, Investment Companies:  RICO Claim Dismissal Must Be Upheld

    DENVER — For an appeal in a dispute alleging a reinsurance scheme, life insurers and investment companies argue in separate Jan. 21 appellee briefs that the 10th Circuit U.S. Court of Appeals should affirm a ruling dismissing an investor’s claim under the Racketeer Influenced and Corrupt Organizations Act because that claim is reverse-preempted under the McCarran-Ferguson Act (Albert Ogles v. Guggenheim Investments, et al., No. 19-3154, 10th Cir.).

  • January 21, 2020

    Cases Consolidated Over Judgment Creditor Rights Under Reinsurance Agreements

    JASPER, Ala. — A federal judge in Alabama on Jan. 17 consolidated six lawsuits filed by former female prison inmates asserting sexual misconduct allegations against the city of Jasper and various officials and seeking a declaratory judgment as a judgment creditor of the city’s insurer’s rights under reinsurance agreements (Stacey Bridges v. J.C. Poe Jr., et al., No. 19-529, Charity Tessener v. J.C. Poe Jr., et al., No. 19-1314, Jessica Rainer v. J.C. Poe Jr., et al., No. 19-1392, Whitley Goodson v. J.C. Poe Jr., et al., No. 19-1399, Megan Dunn v. J.C. Poe Jr., et al., No. 19-1571, Allison Mann v. J.C. Poe Jr., et al., No. 19-1961, N.D. Ala.).

  • January 21, 2020

    Insurer, Reinsurer Update On Arbitrator Selection In Breach Of Contract Dispute

    RIVERSIDE, Calif. — An insurer and a reinsurer tell a California federal judge in Jan. 16 joint status report that they have selected individual arbitrators and are choosing an umpire for arbitration of a breach of contract case over $8.6 million in equipment breakdown claims (Nationwide Agribusiness Insurance Co. v. The Hartford Steam Boiler Inspection and Insurance Co., No. 19-00531, C.D. Calif.).

  • January 17, 2020

    Insurer Seeks Judgment On Breach Of Contract Claim Against Reinsurer

    NEW YORK — An insurer in Jan. 15 brief asks a New York federal court for summary judgment on its claims against a reinsurer for breach of its obligation to post $1.6 million in collateral under a reinsurance agreement and to declare that the reinsurer remains required to post that collateral (AmTrust North America Inc. v. Signify Insurance Ltd., et al., No 18-3779, S.D. N.Y.).

  • January 16, 2020

    Judge Dismisses Party From Runoff Insurer’s Third-Party Aiding, Abetting Claims

    NEW YORK — A New York federal judge on Jan. 13 dismissed a third-party defendant from a runoff insurer’s allegations of aiding and abetting in a Ponzi-like scheme where fraudulent misrepresentations were made to gain investment control over $320 million of the runoff insurer’s reserves (In re Platinum-Beechwood litigation, No. 18-6658; Senior Health Insurance Company of Pennsylvania v. PB Investment Holdings Ltd., et al., No. 18-12018, S.D. N.Y.).

  • January 15, 2020

    Judge Denies Sanctions Against Hedge Fund Liquidators’ Counsel In Fraud Case

    NEW YORK — While hedge fund liquidators’ counsel “acted in blatant disregard” in an opposition brief to a corporate insider’s motion to dismiss claims concerning the hedge fund’s misuse and mismanagement, a New York federal judge on Jan. 13 denied monetary sanctions on “the possibility that counsel were simply carried away by overzealousness rather than acting in bad faith” (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., 2020 U.S. Dist. LEXIS 5676).

  • January 13, 2020

    Bankruptcy Judge Closes Irish Reinsurer’s Chapter 15 Case Over $1B Deficit

    NEW YORK — A New York federal bankruptcy judge on Jan. 13 closed an Irish reinsurer’s bankruptcy proceeding that recognized a foreign main liquidation proceeding concerning an alleged $1 billion deficit (In re Ballantyne Re Plc, Chapter 15, No. 19-11490, S.D. N.Y. Bkcy.).

  • January 13, 2020

    Insurers Dismiss Investment Company From Third-Party Case Over Fraud Scheme

    NEW YORK — Insurers on Jan. 10 told a New York federal court that they are voluntarily stipulating to the dismissal of an investment company from their third-party lawsuit, which arises out of a dispute originally filed by a receiver seeking redress for damages from of a “massive fraudulent scheme” involving hedge funds (In re Platinum-Beechwood Litigation, No. 18-6658, Washington National Insurance Co., et al. v. Mark Nordlicht, et al., No. 18-12018, S.D. N.Y.).

  • January 10, 2020

    Government:  Securities Fraud Convictions Against Executives Should Be Reinstated

    NEW YORK — The U.S. government argues in a Jan. 7 opening brief that the Second Circuit U.S. Court of Appeals should reinstate securities fraud convictions against two former executives of a hedge fund with regard to their alleged role in the hedge fund’s scheme to transfer assets to a reinsurance company and related entities to defraud bondholders in an oil and gas company (United States of America v. Uri Landesman, et al., No. 19-3207 c/w 19-3209, 2nd Cir.).

  • January 09, 2020

    Runoff Insurer Appeals To 2nd Circuit Orders On Fee, Expense Advancements

    NEW YORK — A runoff insurer on Dec. 19 appealed to the Second Circuit U.S. Court of Appeals four orders dealing with the 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 (B Asset Manager L.P., et al. v. Senior Health Insurance Company of Pennsylvania, No. 19-4239, 2nd Cir.).

  • January 08, 2020

    Judge Lifts Stay So New Arbitration Panel Can Decide Issue In Reinsurance Dispute

    HARRISBURG, Pa. — A federal judge in Pennsylvania on Jan. 7, “effective immediately,” lifted a stay in a reinsurance dispute over lead paint losses so that an insurer and its reinsurer can select a new arbitration panel to decide whether the arbitration should be consolidated with another arbitration involving two other reinsurers (Pennsylvania National Mutual Casualty Insurance Co. v. Everest Reinsurance Co., No. 18-mc-653, M.D. Pa.).

  • January 08, 2020

    Panel Dismisses Appeal In Dispute Over Reinsurance Participation Agreement

    SAN FRANCISCO — In a dispute over payment for workers’ compensation insurance, a California appeals panel on Jan. 7 dismissed an appeal regarding a trial court’s statement of decision (SOD) that neither side proved damages elements in breach of contract claims because the SOD is not a judgment or an appealable order (Warwick California Corp., et al. v. Applied Underwriters, Inc., et al., No. A155523, Calif. App., 1st Dist., Div. 4, 2020 Cal. App. LEXIS 13).

  • January 08, 2020

    7th Circuit Dismisses Appeal In Reinsurance Case Over Mine Damages

    CHICAGO — The Seventh Circuit U.S. Court of Appeals on Jan. 6 dismissed an insurance fund’s appeal of a ruling that the fund failed to show the application of an alter-ego exception to the general rule of no liability for a railroad company’s stockholder and failed to prove that a de facto merger occurred in its reinsurance dispute over payments for mine subsidence damages (Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Co., No. 19-2965, 7th Cir.).

  • January 07, 2020

    Insurer Requests Court To Confirm 2nd Award Over Reinsurance Billings

    CHICAGO — Arbitrators intended their second award to be final and, thus, an Illinois federal court should confirm that award and not the interim award under the Federal Arbitration Act (FAA), an insurer argues in a Jan. 3 reply brief in its dispute with a reinsurer over billings for asbestos claims (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.).

  • January 07, 2020

    Reinsurer Seeks Reversal Of Order Denying Intervention In Creditor’s $3.2M Dispute

    SAN FRANCISCO — A reinsurer argues in a Jan. 3 reply that the Ninth Circuit U.S. Court of Appeals should reverse an order denying its motion to intervene in a dispute over a $3.2 million judgment and remand to allow the reinsurer to proceed with its claims against another reinsurer, which is the judgment creditor (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al. v. Knight Insurance Company Ltd., Nos. 19-55346, 19-55347, 19-55423, 9th Cir.).

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