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Mealey's Reinsurance

  • December 6, 2018

    Panel Upholds Denial Of Arbitration Under Reinsurance Participation Agreement

    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).

  • December 5, 2018

    Judge Rejects Consolidation, Tells Reinsurer, Insurer To Appoint Umpires To Dispute

    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).

  • December 3, 2018

    Magistrate Judge Orders Settlement Conference In Unfair Insurance Practices Case

    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).

  • December 3, 2018

    Judge Stays Reinsurer, Insurer’s Motions On Late Notice Defense

    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.).

  • December 3, 2018

    Special Master: Bifurcation Should Be Denied In Case Between Insurer, Reinsurer

    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.).

  • November 30, 2018

    Reconsideration Denied On Collateral Estoppel Ruling In Reinsurer, Insurer’s Case

    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).

  • November 30, 2018

    2nd Circuit: Arbitrators Retained Right To Clarify Award Against Reinsurer

    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).

  • November 30, 2018

    Health Aides Seek Class Action Against Employers, Reinsurer Over Benefit Plan

    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.).

  • November 29, 2018

    Insurance Company’s Owner: Reinsurer Fails To Show Fraudulent Transfer

    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.).

  • November 29, 2018

    Reinsurer Says Insurer’s Notice Of Fatality Claim Was 6 Years Too Late

    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.).

  • November 29, 2018

    Reinsurer Seeks Dismissal Of Run-Off Insurer’s Tort, Quasi-Contract Claims

    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.).

  • November 28, 2018

    Federal Judge Finds D.C. Law Is Preempted For Certain Student Loans

    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).

  • November 28, 2018

    Judge Denies Reinsurer’s Motion To Intervene In Breach Of Contract Case

    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).

  • November 27, 2018

    Federal Judge Orders Stipulation Of Dismissal From Insurer, Reinsurer

    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).

  • November 27, 2018

    Panel Denies Rehearing On Reinsurer’s Liability As To Asbestos Claims

    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.).

  • November 26, 2018

    Judge Moves Trial Date On Farmer’s False Reports Under Crop Insurance

    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.).

  • November 20, 2018

    Reinsurance Arbitration Award Confirmed In Sexual Molestation Coverage Case

    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.).

  • November 19, 2018

    Farmers Are Entitled To Actual Production History Yield Exclusion, Panel Says

    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).

  • November 19, 2018

    Judge Permits Claim For Implied-In-Fact Contract To Proceed Against Reinsurers

    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).

  • November 15, 2018

    Court Asked To Defer Conference In Life Insurer Breach Of Policy Case

    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.).