ATLANTA — A Georgia Court of Appeals panel erred in reversing confirmation of a $462,781 arbitration award under the Georgia Arbitration Code in a dispute involving car dealerships and a reinsurer, the Georgia Supreme Court said in a unanimous Dec. 14 ruling, finding nothing that “supports a determination that the arbitrator intended to purposefully disregard applicable law.”
RICHMOND, Va. — Days before a Fourth Circuit U.S. Court of Appeals panel on Dec. 8 heard oral arguments in a multinational insurance and reinsurance management company’s founder and a company consultant’s challenge to their convictions related to a $2 million bribery scheme, the government filed a notice of supplemental authority asserting that four recent decisions support its arguments, and the appellants countered that those cases do not refute their arguments or can be distinguished.
NEW YORK — A New York federal bankruptcy judge on Dec. 8 denied a request by the joint provisional liquidators (JPLs) of Bermuda insurer and reinsurer PB Life and Annuity Co. Ltd. (PBLA) and other debtors for an order approving the use, sale, transfer or other disposition of assets in the ordinary course of the debtors’ businesses.
SAN DIEGO — Saying that the court “cannot determine whether diversity has been adequately pled,” a California federal judge on Dec. 7 filed an order directing Odyssey Reinsurance Co. to show cause why its case over a debt allegedly owed under a series of reinsurance agreements should not be dismissed for lack of subject matter jurisdiction.
WASHINGTON, D.C. — A District of Columbia federal magistrate judge issued a Dec. 7 report recommending dismissal of a lawsuit over a Bermuda insurance and reinsurance company’s alleged failure to make $934 million in withdrawal liability payments to a pension plan, finding that the plaintiffs did not establish that the company’s “contacts with the United States are so systematic and continuous as to render it essentially at home in this country.”
FRESNO, Calif. — Defendants in a long-running class suit over captive reinsurance agreements on Dec. 2 moved in a California federal court to strike allegedly untimely evidence that mortgagors included in opposition to a pending motion to decertify the class; on Dec. 3, the defendants repeated the argument in a reply supporting decertification.
SANTA ANA, Calif. — A California federal judge on Dec. 6 granted default judgment on a breach of fiduciary duty claim against the defendants in a suit alleging negligent failure to obtain reinsurance coverage, dismissing the remaining claims and ordering $530,136.33 in compensatory damages and injunctive relief.
CHICAGO — Granting dismissal of all claims in an insurer’s suit alleging breach of reinsurance contracts, an Illinois federal judge on Dec. 6 ruled dismissal appropriate as to the reinsurer because all claims against it are subject to arbitration and as to two other entities because they are subject to conditional agency privilege and the Illinois Insurance Code does not permit bad faith claims against a reinsurer’s agents.
FORT MYERS, Fla. — A federal bankruptcy judge in Florida on Dec. 2 found that the creditor trustee of a now insolvent Florida title insurance company failed to satisfy his burden of proving that the company made asset transfers with an actual intent to hinder, delay or defraud its creditors, also rejecting the trustee’s successor liability and alter-ego claims.
LOS ANGELES — A California federal judge on Dec. 1 granted an ex parte motion to reopen discovery in a reinsurance billings dispute for a limited purpose and vacated all dates and deadlines in the action, then on Dec. 2 denied competing motions for partial summary judgment without prejudice.
LOS ANGELES — In filings without explanation, a plaintiff on Nov. 9 sought and a California state court on Nov. 10 granted dismissal of all causes of action as to two entities named as defendants in a suit alleging breach of reinsurance contracts over billings for claims related to asbestos and other issues.
NEW YORK — Two groups of entities on Nov. 30 opposed a request by the joint provisional liquidators (JPLs) of Bermuda insurer and reinsurer PB Life and Annuity Co. Ltd. (PBLA) and other debtors for an order approving the use, sale, transfer or other disposition of assets in the ordinary course of the debtors’ businesses, arguing in part that the motion before a New York federal bankruptcy court lacks specificity.
SAN DIEGO — Following dismissal of the final appeal over $958,017.66 in registry funds in a case concerning alleged fraudulent transfer of assets of an insolvent insurance agency, judgment creditor Odyssey Reinsurance Co. on Nov. 22 asked a California federal judge to disburse the funds to it.
TOLEDO, Ohio — Four reinsurers sued an overhaul and repair company in Ohio federal court on Nov. 23 in connection with a November 2019 aircraft crash in the Democratic Republic of Congo that resulted in the death of numerous people, citing more than $2 million in claims paid.
LOS ANGELES — A group of insurers and a reinsurer on Nov. 22 filed competing motions for partial summary judgment in a reinsurance billings dispute in a California federal court.
NEW YORK — A Second Circuit U.S. Court of Appeals panel should have remanded a challenge to a New York federal court’s grant of a new trial for application of a new standard rather than applying that standard itself, a former hedge fund executive argues in a Nov. 22 letter citing the appellate court’s Nov. 19 decision in United States v. Jabar.
NEW YORK — A federal court in New York “misconstrued” an English House of Lords ruling regarding “back-to-back” presumption in a dispute over an environmental claims settlement, an English reinsurer argues in its Nov. 22 appellant brief before the Second Circuit U.S. Court of Appeals seeking reversal of summary judgment on the issue of allocation; the reinsurer also argues that questions of fact should have precluded summary judgment dismissing its late notice defense.
DETROIT — Liability limits of disputed reinsurance certificates are clear, but there are factual issues regarding the reinsurer’s argument that the certificates should be rescinded, a federal judge in Michigan ruled Nov. 23, issuing opinions on multiple motions and setting a bench trial for Feb. 15.
FRESNO, Calif. — The U.S. Supreme Court’s TransUnion LLC v. Ramirez decision “provides no basis for disturbing the Court’s prior class certification ruling,” mortgagors in a long-running suit over captive reinsurance agreements argued in a Nov. 17 opposition to decertification in a California federal court; on Nov. 17 and Nov. 19, the parties filed multiple motions in limine.
CINCINNATI — A split Sixth Circuit U.S. Court of Appeals panel reversed a lower court’s judgment on a motion to dismiss a long-running case on Nov. 18, ruling that under claim preclusion, a final state court judgment bars the federal suit over asbestos coverage liability; however, the members all agreed that the appellate court is not bound by a Pennsylvania liquidation order that stayed all litigation against the appellant.