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Mealey's Reinsurance

  • February 6, 2019

    Judge Denies Stay Of Order Enforcing Summonses In Reinsurer’s Fraud Case

    WHITE PLAINS, N.Y. — A New York federal judge on Feb. 4 rejected a request to stay enforcement of an order requiring an investment group and its founder to produce documents under an arbitration panel’s summonses in a fraud case against a reinsurer and a hedge fund (Washington National Insurance Co. v. OBEX Group LLC, et al., No. 18-9693, S.D. N.Y.).

  • February 6, 2019

    Investor To Federal Court: RICO, Unjust Enrichment Claims Should Survive Dismissal

    KANSAS CITY, Kan. — An investor argues in his Feb. 4 brief that he sufficiently asserts claims for violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act and unjust enrichment in a Kansas federal court action alleging that the investment companies depleted life insurers’ surplus assets by reinsuring risks with one another rather than using “arm’s-length reinsurance treaties” (Albert Ogles v. Security Benefit Life Insurance Co., et al., No. 18-02265, D. Kan.).

  • February 6, 2019

    Reinsurer’s Motion To Intervene In Creditor Dispute Is Opposed

    SAN DIEGO — In separate briefs filed Feb. 1, parties oppose a reinsurer’s request to intervene in their California federal court dispute over a $3.2 million judgment (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif.).

  • February 4, 2019

    Discovery Plan, Scheduling Order Issued In Reinsurance Breach Of Contract Case

    NEW YORK — In a breach of contract lawsuit regarding claims under facultative reinsurance contracts for losses of $2.5 million, a New York federal judge on Jan. 31 issued a civil case discovery plan and scheduling order (Continental Insurance Company of New Jersey, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 18-4715, S.D. N.Y.).

  • February 4, 2019

    Judge Receives Letters On Production Of Documents In Fraud Case Against Reinsurer

    WHITE PLAINS, N.Y. — Letters written to a New York federal judge on Jan. 31 address whether an investment group and its founder should be forced to produce documents under an arbitration panel’s summonses in a fraud case against a reinsurer and a hedge fund (Washington National Insurance Co. v. OBEX Group LLC, et al., No. 18-9693, S.D. N.Y.).

  • February 1, 2019

    Reinsurer Seeks Partial Dismissal Of Run-Off Insurer’s $320M Mismanagement Case

    NEW YORK — A reinsurer and its entities argue in a Jan. 29 reply brief that a run-off insurer fails to assert claims for breach of fiduciary duty and fraud in a New York federal court dispute over the alleged mismanagement and misuse of $320 million (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-6658, S.D. N.Y.).

  • February 1, 2019

    French Insurer Responds To Reinsurer’s Breach Of Trust Accusations

    LONDON — A French mutual insurance company calls a French reinsurer’s accusations of breach of trust “groundless” in a Jan. 30 press release in which the insurer responds to the reinsurer’s announcement that it would be filing criminal actions after a merger failed.

  • January 30, 2019

    Washington Public Entities Sue Reinsurer For Breach Of Contract In Federal Court

    SEATTLE — An association of Washington public entities alleges in a Jan. 11 complaint that a reinsurer breached its contract regarding settlement of an underlying lawsuit over police officers’ alleged excessive force (Washington Cities Insurance Authority v. Ironshore Indemnity Inc., No. 19-00054, W.D. Wash.).

  • January 30, 2019

    Federally Reinsured Crop Insurer Issued Preliminary Injunction From Judge

    OMAHA, Neb. — A federally reinsured crop insurer was granted a preliminary injunction against a former employee by a Nebraska federal judge on Jan. 18 with regard to soliciting business for a new employer from the insurer’s clients (Farm Credit Services of America FLCA v. Kathy Mens, No. 19-14, D. Neb., 2019 U.S. Dist. LEXIS 9659).

  • January 30, 2019

    Reinsurer Says Breach Of Contract, Unjust Enrichment Claims Fail In Federal Court

    MIAMI — A reinsurer in a Jan. 29 motion seeks to dismiss breach of contract, civil theft and unjust enrichment claims filed in a Florida federal court against it in a dispute also involving the government of the Republic of Nicaragua and a Nicaraguan insurer regarding a fire loss (Farouk Morales v. The Government of the Republic of Nicaragua, et al., No. 18-24301, S.D. Fla.).

  • January 30, 2019

    Bankruptcy Judge Uncertain Over Reinsurance Firm’s Delay Of Reimbursement

    WILMINGTON, Del. — In a Chapter 11 proceeding, a Delaware bankruptcy judge on Jan. 25 indicated uncertainty about whether a reinsurance firm is able to delay a $1.25 million payment as reimbursement owed to a stalking horse bidder that did not win an auction for the bankruptcy sale of the company (In re Scottish Holdings Inc., et al., No. 18-10160, D. Del. Bkcy.).

  • January 30, 2019

    Class Certification Denied By Judge In Reinsurance Participation Agreement Cases

    SACRAMENTO, Calif. — A California federal judge on Jan. 29 denied class certification in two putative class actions over a reinsurance participation agreement (RPA) entered into by hundreds of 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., 2019 U.S. Dist. LEXIS 14286).

  • January 30, 2019

    Trial Briefs Submitted In Reinsurance Coverage Case Over Mine Damages

    SPRINGFIELD, Ill. — In a reinsurance coverage dispute over payment for mine subsidence damages, parties on Jan. 25 filed their proposed findings of fact and conclusions of law ahead of a scheduled bench trial in an Illinois federal court (Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Co., No. 17-3199, C.D. Ill., 2019 U.S. Dist. LEXIS 7355).

  • January 30, 2019

    Judge Dismisses Insurer’s Liquidator’s Case Over Owed Reinsurance Proceeds

    NEW YORK — A New York federal judge on Jan. 28 dismissed with prejudice a dispute by the liquidator for Home Insurance Co. against a reinsurer over proceeds allegedly owed to the insurer under three facultative reinsurance certificates (Roger A. Sevigny v. Trygvesta Forsikring A/S, Trygvesta Forsikring A/S v. Cerberus Holding Company LLC, No. 16-4874, S.D. N.Y.).

  • January 28, 2019

    Reinsurers Seek Dismissal Of Breach Of Implied Contract, Unjust Enrichment Claims

    WASHINGTON, D.C. — In a dispute over a $26 million arbitration award, reinsurers in a Jan. 23 motion seek to dismiss a financial service company’s amended complaint asserting breach of an implied-in-fact contract, promissory estoppel and unjust enrichment claims in a District of Columbia federal court (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C., 2019 U.S. Dist. LEXIS 8059).

  • January 25, 2019

    Discovery Unresolved In RICO Action Over Reinsurance Premium Kickback Scheme

    TRENTON, N.J. — A New Jersey federal judge on Jan. 23 noted that parties were unable to resolve disputes concerning discovery requests in a case alleging violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act based on a scheme on lender-placed insurance (LPI) involving the use of kickbacks, including reinsurance premiums (Edward Leo v. Nationstar Mortgage LLC of Delaware, et al., No. 17-05839, D. N.J.).

  • January 25, 2019

    Testimony Sought To Be Barred In Case Over Trustee’s Role For Insolvent Insurer

    COLUMBIA, S.C. — A bank sued for its role as trustee of a reinsurance trust for an insolvent insurer argues in Jan. 22 reply briefs that a South Carolina federal court should exclude undisclosed expert and damages testimony, a liability expert and evidence related to government investigations (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).

  • January 25, 2019

    Reinsurer, Insurer Settle Trucking Accident Dispute In New York Federal Court

    NEW YORK — A reinsurer and insurer told a New York federal judge on Jan. 22 that they have reached a settlement agreement in their reinsurance dispute over a trucking accident claim (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).

  • January 23, 2019

    Homeowners: Error In Dismissal Of Claims Against Banks, Affiliated Reinsurer

    PHILADELPHIA — Homeowners argue in their Jan. 18 reply brief to the Third Circuit U.S. Court of Appeals that a Pennsylvania federal judge erred in dismissing claims for violations of the Real Estate Settlement Procedures Act (RESPA) and unjust enrichment in their putative class action alleging a captive reinsurance scheme between banks and an affiliated reinsurer (Christopher Blake, et al. v. JPMorgan Chase Bank, N.A., et al., No. 18-2368, 3rd Cir.).

  • January 22, 2019

    Judge Enforces Summonses Against Investment Group In Reinsurer’s Fraud Case

    WHITE PLAINS, N.Y. — An arbitration panel’s summonses against an investment group and its founder in a fraud case against a reinsurer and a hedge fund were enforced by a New York federal judge on Jan. 18, granting an insurer’s petition to enforce (Washington National Insurance Co. v. OBEX Group LLC, et al., No. 18-9693, S.D. N.Y., 2019 U.S. Dist. LEXIS 9300).