COLUMBIA, S.C. — A South Carolina federal judge on April 11 denied a bank’s motion for partial summary judgment seeking an imposed cap on damages in a dispute over the bank’s alleged breach of duties as trustee of a reinsurance trust for an insolvent insurer (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C., 2019 U.S. Dist. LEXIS 62308).
NEW YORK — A New York federal judge on April 11 issued reasons for a “bottom-line” order dismissing a first amended complaint’s claims for aiding and abetting breach of fiduciary duty and aiding and abetting fraud filed by two hedge funds’ liquidators (Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y., 2019 U.S. Dist. LEXIS 62745).
CONCORD, N.H. — Reinsurers on April 9 asked a New Hampshire federal court to dismiss or stay insurers’ breach of contract case over $22 million in outstanding reinsurance billings because a lawsuit pending in a New Jersey state court can resolve all rights and obligations (United States Fire Insurance Co., et al. v. Equitas Insurance Ltd., et al., No. 18-01205, D. N.H.).
HARRISBURG, Pa. — A reinsurer notified a Pennsylvania federal judge on April 9 of its intent to appeal an order compelling it and an insurer to arbitrate their reinsurance coverage dispute over lead paint losses arising in the Maryland area (Pennsylvania National Mutual Casualty Insurance Co. v. Everest Reinsurance Co., No. 18-mc-653 c/w No. 18-mc-656, M.D. Pa.).
SACRAMENTO, Calif. — A California federal judge was given a joint status report on April 8 by parties offering positions on a renewed motion for class certification in consolidated cases over a reinsurance participation agreement (RPA) entered into by California businesses when they bought a workers’ compensation program (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., No. 16-158, Pet Food Express Ltd., et al. v. Applied Underwriters Inc., et al., No. 16-1211, E.D. Calif.).
SPRINGFIELD, Ill. — Following the submission of post-trial briefs to an Illinois federal court, an insurance fund and a railroad company in April 8 response briefs further debate the issues of alter-ego and de facto merger with regard to payment for mine subsidence damages in their reinsurance coverage dispute (Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Co., No. 17-3199, C.D. Ill.).
LEXINGTON, Ky. — A Kentucky federal judge on April 5 accepted a settlement agreement over real property between the U.S. government and the wife of a farmer being accused of making false statements for federally reinsured crops (United States v. Ronnie Jolly, No. 18-cr-32, E.D. Ky.).
BROOKLYN, N.Y. — Employers on April 3 sought dismissal of certain claims in a New York federal court class action over an alleged captive insurance and reinsurance scheme in which home health aides allege that they were cheated out of lost wages and benefits (Ynes M. Gonzalez de Fuente, et al. v. Preferred Home Care of New York LLC, et al., No. 18-6749, E.D. N.Y.).
SEATTLE — In a breach of contract case between an association of Washington public entities and a reinsurer regarding settlement of a lawsuit over police officers’ alleged excessive force, a Washington federal judge on March 11 scheduled a jury trial for June 2020 (Washington Cities Insurance Authority v. Ironshore Indemnity Inc., No. 19-00054, W.D. Wash.).
LINCOLN, Neb. — In a workers’ compensation insurer’s dispute over a promissory note executed pursuant to a reinsurance participation agreement (RPA), a Nebraska federal magistrate judge on April 2 ordered that trial on a class action counterclaim is to commence next March (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb.).
NEW YORK — In a first amended complaint filed April 1 in a New York federal court, a receiver for funds seeks redress “for the innocent investors and creditors of her estate” damaged by unlawful and tortious acts with regard to a “massive fraudulent scheme masterminded by the now indicted and/or convicted insiders” of Platinum Partners Credit Opportunities Master Fund LP (PPCO funds) (Melanie L. Cyganowski, as equity receiver for Platinum Partners Credit Opportunities Master Fund LP, et al. v. Beechwood Re Ltd., et al., No. 18-12018, S.D. N.Y.).
HARTFORD, Conn. — In a dispute over reinsurance billings for asbestos losses, a Connecticut judge on Feb. 13 directed a reinsurer to appoint a single arbitrator in response to an insurer’s demand and to proceed with forming a panel (Employers Insurance Co. of Wausau v. The Hartford, No. HHDCV186099158S, Conn. Super., Hartford Dist., 2019 Conn. Super. LEXIS 354).
TRENTON, N.J. — An insurance and reinsurance broker argues in its March 29 reply brief to a New Jersey federal court that the filed-rate doctrine bars homeowners’ claims in a case concerning allegations of violations of the Racketeer Influenced and Corrupt Organizations Act based on a lender-placed insurance (LPI) scheme involving kickbacks, including reinsurance premiums (Edward Leo v. Nationstar Mortgage LLC of Delaware, et al., No. 17-05839, D. N.J.).
DETROIT — In a Michigan federal court lawsuit filed by a putative class of farmers against crop insurers and the federal agencies that reinsure them, the agencies argue in their April 1 summary judgment motion that they are not liable for the farmers’ loss of revenue protection in 2015 (Gregory Ackerman, et al. v. U.S. Department of Agriculture, et al., No. 17-11779, E.D. Mich.).
DETROIT — In an insurer’s breach of contract case against a reinsurer over reinsurance billings for asbestos claims, a Michigan federal judge on April 1 issued a stipulated confidentiality agreement and protective order regarding confidential proprietary or trade secret information and information about insureds, including health in connection with their alleged asbestos exposure (Amerisure Mutual Insurance Co. v. Transatlantic Reinsurance Co., No. 18-11966, E.D. Mich.).
NEW YORK — Two hedge funds’ liquidators filed a second amended complaint on March 29 after a New York federal judge previously dismissed claims for aiding and abetting breach of fiduciary duties, aiding and abetting fraud and unjust enrichment as to certain defendants (Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y.).
BOSTON — A Bermuda reinsurance investment company and an affiliated company are accused in a March 28 first amended complaint filed in Massachusetts federal court of refusing to make incentive payments of $7.45 million to a former employee allegedly owed upon her termination of employment without cause (Alissa Fredricks v. Markel CATCo Investment Management Ltd., et al., No. 19-10331, D. Mass.).
SYRACUSE, N.Y. — A reinsurer is not liable for any additional monies to an insurer under a 1973 facultative reinsurance certificate, a New York federal judge held March 29, also finding that a voluntary payment doctrine bars the reinsurer from recovering loss and declaratory judgment expenses it has already paid the insurer under a 1977 facultative reinsurance certificate (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., Nos. 12-00196 & 13-00743, N.D. N.Y., 2019 U.S. Dist. LEXIS 53470).
SAN JOSE, Calif. — In a dispute regarding a program involving workers’ compensation insurance and a reinsurance participation agreement (RPA), a trial judge did not err in voiding an arbitration agreement included in a request to bind, a California appeals court held March 28, affirming denial of a motion to compel arbitration (Jackpot Harvesting Inc., et al. v. Applied Underwriters Inc., et al., No. H044953, Calif. App., 6th Dist., 2019 Cal. App. LEXIS 278).
WILMINGTON, Del. — The Delaware insurance commissioner on March 1 asked a state court to issue a rehabilitation order against reinsurer Scottish Re (U.S.) Inc. (SRUS) (Delaware ex rel. v. Scottish Re [U.S.] Inc., No. 2019-0175-AGB, Del. Chanc.).