SAN FRANCISCO — Citing “persuasive prior decisions,” the First District California Court of Appeal, Division Four, on Dec. 4 affirmed the denial of a reinsurer’s motion to compel arbitration under a reinsurance participation agreement (RPA) (Luxor Cabs Inc., et al. v. Applied Underwriters Captive Risk Assurance Co., et al., No. A147962, Calif. App., 4th Dist., Div. 4, 2018 Cal. App. Unpub. LEXIS 8223).
LOS ANGELES — Rejecting an insurer’s petition to proceed with a single arbitrator and a single umpire, a California federal judge on Dec. 3 ordered a reinsurer and the insurer to name umpires in accordance with a reinsurance treaty’s arbitration clause (Employers Insurance Company of Wausau v. The Hartford, No. 18-07240, C.D. Calif., 2018 U.S. Dist. LEXIS 205345).
HONOLULU — After a homeowner’s second amended complaint alleging unfair or deceptive acts or practices in the placement of insurance through “illegal kickback or captive reinsurance arrangements” was dismissed in part, a Hawaii federal magistrate judge on Nov. 28 ordered a settlement conference (Julia Wieck v. CIT Bank, N.A., et al., No. 16-00596, D. Hawaii).
NEW YORK — A New York federal judge on Nov. 29 stayed a reinsurer’s summary judgment motion and an insurer’s partial summary judgment motion regarding a late notice defense (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).
DETROIT — A special master on Nov. 29 recommended that a Michigan federal court should deny an insurer’s motion for bifurcation of discovery in a breach of contract case against a reinsurer over reinsurance billings for asbestos claims (Amerisure Mutual Insurance Co. v. Transatlantic Reinsurance Co., No. 18-11966, E.D. Mich.).
UTICA, N.Y. — In the “latest chapter in a long-running dispute” between a reinsurer and insurer, a New York federal judge on Nov. 30 declined the reinsurer’s motion to reconsider an earlier ruling on issues of collateral estoppel and standing in the parties’ dispute over settlements of asbestos claims (Utica Mutual Insurance Co. v. Century Indemnity Co., No. 13-995, N.D. N.Y., 2018 U.S. Dist. LEXIS 202819).
NEW YORK — Recognizing an exception to the doctrine of functus officio where an arbitration award is ambiguous, the Second Circuit U.S. Court of Appeals on Nov. 28 held that arbitrators retained their authority to clarify an award requiring a reinsurer to pay up to an additional $18 million in reinsurance proceeds to an insurer (General Re Life Corp. v. Lincoln National Life Insurance Co., No. 17-2496, 2nd Cir., 2018 U.S. App. LEXIS 33340).
BROOKLYN, N.Y. — Home health aides filed a class action complaint in a New York federal court on Nov. 27 against their employers and a reinsurer of their employee benefit plan, alleging 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.).
SAN DIEGO — In a dispute over a $3.2 million judgment, a principal to an insurance services company argues to a California federal court in a Nov. 21 brief that a reinsurer offers no evidence on its claim of a fraudulent transfer, so seizure of her home or proceeds from the sale of it should be denied (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif.).
NEW YORK — In a Nov. 14 reply brief to its summary judgment motion and opposition brief to a partial summary judgment motion, a reinsurer tells a New York federal court that an insurer was required to report a claim in 2010 but instead provided notice six years too late (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).
NEW YORK — A reinsurer and its entities argue in a Nov. 5 brief that a New York federal court should dismiss a run-off insurer’s tort and quasi-contract claims because the case over the alleged mismanagement and misuse of $320 million is one for breach of contract (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).
WASHINGTON, D.C. — The Student Loan Ombudsman Establishment and Servicing Regulation Amendment Act of 2016, known as D.C. Law 21-214, is preempted under principles of conflict preemption as it relates to servicing of certain student loans but not for loans that are federally reinsured, a District of Columbia federal judge ruled Nov. 21 (Student Loan Servicing Alliance v. District of Columbia, et al., No. 18-0640, D. D.C., 2018 U.S. Dist. LEXIS 198774).
DENVER — A reinsurer’s request to intervene in an insured’s lawsuit against a life insurer over the alleged failure to comply with the policy’s terms was denied Nov. 21 by a Colorado federal judge because the reinsurer failed to establish inadequate representation (Robert Barnes v. Security Life of Denver Insurance Co., No. 18-718, D. Colo., 2018 U.S. Dist. LEXIS 198586).
MIAMI — Citing a reached settlement, a Florida federal judge on Nov. 21 ordered that an international health insurer and an excess reinsurer submit a joint stipulation of dismissal in their breach of contract lawsuit dispute (VIP Universal Medical Insurance Group Ltd. v. BF&M Life Insurance Company Ltd., et al., No. 17-24633, S.D. Fla., 2018 U.S. Dist. LEXIS 199569).
NEW YORK — In a one-page order, the Second Circuit U.S. Court of Appeals on Nov. 14 denied a request for panel rehearing or for rehearing en banc of its ruling that a reinsurer’s liability follows an insurer’s expense‐supplemental obligations under umbrella policies (Utica Mutual Insurance Co. v. Clearwater Insurance Co., Nos. 16-2535 & 16-2824, 2nd Cir.).
LEXINGTON, Ky. — A Kentucky federal judge on Nov. 19 ordered a trial regarding a farmer’s alleged submission of false reports regarding federally reinsured crop insurance policies to be continued until February (United States v. Christopher G. Hickerson, No. 18-cr-00111, E.D. Ky.).
BOSTON — In a reinsurance coverage dispute over sexual molestation claims against Boy Scouts of America (BSA), a Massachusetts federal judge on Nov. 16 confirmed an arbitration award (Certain Underwriters at Lloyd’s London v. Century Indemnity Co., No. 18-12041, D. Mass.).
DENVER — In an Administrative Procedure Act challenge to the Federal Crop Insurance Corp.’s (FCIC) implementation of the Farm Crop Insurance Act (FCIA), the 10th Circuit U.S. Court of Appeals on Nov. 16 upheld a lower judge’s ruling that the text of the FCIA unambiguously entitled winter wheat farmers to the actual production history (APH) yield exclusion (Glenn Ausmus, et al. v. Sonny Perdue, et al., No. 17-1442, 10th Cir., 2018 U.S. App. LEXIS 32475).
WASHINGTON, D.C. — A District of Columbia federal judge on Nov. 16 allowed a financial services company to amend its complaint to assert claims against reinsurers for breach of an implied-in-fact contract, promissory estoppel and unjust enrichment in its case seeking to recover a $26 million arbitration award (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C., 2018 U.S. Dist. LEXIS 195588).
NEW YORK — In a class action alleging breach of policies by a life insurer’s unlawful increase of the premium costs to recoup costs associated with an acquisition, plaintiffs in a Nov. 12 letter ask a New York federal court to defer scheduling a premotion conference until jurisdictional motions are decided (Derek Fan, et al. v. Phoenix Life Insurance Co., et al., No. 18-01288, S.D. N.Y.).