SAN DIEGO — In a dispute over a $3.2 million judgment, a California federal judge on March 14 granted a reinsurer’s turnover motion and ordered $958,017.66 in funds in the court registry to be directed to the reinsurer as judgment creditor (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif., 2019 U.S. Dist. LEXIS 42894).
LINCOLN, Neb. — A Nebraska federal judge on March 14 adopted a magistrate judge’s recommendation denying class certification in a workers’ compensation insurer’s dispute over a promissory note executed pursuant to a reinsurance participation agreement (RPA) (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb., 2019 U.S. Dist. LEXIS 41105).
HARRISBURG, Pa. — A Pennsylvania federal judge on March 14 compelled an insurer and its reinsurer to arbitrate their dispute regarding reinsurance coverage for lead paint losses arising in the Maryland area (Pennsylvania National Mutual Casualty Insurance Co. v. Everest Reinsurance Co., No. 18-mc-653, M.D. Pa., 2019 U.S. Dist. LEXIS 41285).
MIAMI — An insured filed a first amended complaint on March 7 in a Florida federal court, asserting claims for breach of contract, civil theft, unjust enrichment and fraud against the government of the Republic of Nicaragua, a Nicaraguan insurer and a reinsurer over denied coverage for a fire loss (Farouk Morales v. INISER Instituto Nicaraguense de Seguros y Reaseguros, et al., No. 18-24301, S.D. Fla.).
BOSTON — A Massachusetts federal judge on March 8 adopted a magistrate judge’s report and recommendation denying a request to remand a reinsurance case because the case is not parallel with another concerning environmental claims (Certain London Market Company Reinsurers v. Lamorak Insurance Co., No. 18-10534, D. Mass., 2019 U.S. Dist. LEXIS 38909).
NEW YORK — Denying a life insurer’s motion to dismiss, a New York federal judge on March 12 found that personal jurisdiction exists over a lawsuit alleging breach of policies by the unlawful increase of the premium costs to recoup costs associated with an acquisition (Derek Fan v. PHL Variable Life Insurance Co., No. 18-01288, S.D. N.Y., 2019 U.S. Dist. LEXIS 39655).
OMAHA, Neb. — A Nebraska federal judge on March 1 refused to alter a preliminary injunction in favor of a federally reinsured crop insurer, finding that an assignment, nonsolicitation and nondisclosure agreement “is very likely enforceable as a valid restriction on unfair competition” and that failure to enforce “would present a threat of irreparable harm” (Farm Credit Services of America FLCA v. Kathy Mens, No. 19-14, D. Neb., 2019 U.S. Dist. LEXIS 33527).
TRENTON, N.J. — In a case concerning allegations of violations of the Racketeer Influenced and Corrupt Organizations Act based on a lender-placed insurance (LPI) scheme involving the use of kickbacks, including reinsurance premiums, homeowners in a March 11 brief tell a New Jersey federal court that dismissal of his claims based upon the filed-rate doctrine would violate a longstanding principle that the filed-rate doctrine protects an insurer’s terms and conditions regarding the services provided to its customers that are covered by a tariff or filed-rate (Edward Leo v. Nationstar Mortgage LLC of Delaware, et al., No. 17-05839, D. N.J.).
CAMDEN, N.J. — An investor filed a securities class action in New Jersey federal court on March 7 against a Bermuda-based holding company that provides reinsurance services through its subsidiaries regarding violations of the Securities Exchange Act of 1934 (John Dougan v. Maiden Holdings Ltd., et al., No. 19-08105, D. N.J.).
SAN DIEGO — A California federal judge on March 7 denied a reinsurer’s request to intervene in a creditor’s dispute over a $3.2 million judgment because the reinsurer’s motion was untimely and because the reinsurer had no significant protectable interest (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif., 2019 U.S. Dist. LEXIS 37852).
SPRINGFIELD, Ill. — In a reinsurance coverage dispute in Illinois federal court over payment for mine subsidence damages, an insurance fund in a March 6 brief argues that a railroad company’s motion for judgment on alter-ego and de facto merger claims should be denied based on evidence and testimony presented at trial (Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Co., No. 17-3199, C.D. Ill.).
LINCOLN, Neb. — A workers’ compensation insurer on March 6 requested that a Nebraska federal court adopt a magistrate judge’s recommendation denying class certification in a dispute over a promissory note executed pursuant to a reinsurance participation agreement (RPA) (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb.).
TAMPA, Fla. — In a breach of contract dispute, a Florida self-insured intergovernmental risk management association and a reinsurer filed competing motions for summary judgment on March 4 with regard to allegations that the reinsurer failed to reimburse a $750,000 settlement and defense costs in a civil rights action (Public Risk Management of Florida v. Munich Reinsurance America Inc., No. 18-1449, M.D. Fla.).
WASHINGTON, D.C. — A financial service company argues in a March 1 opposition brief in a District of Columbia federal court that reinsurers should be denied their request to dismiss or compel arbitration of its dispute over a $26 million arbitration award because the reinsurers fail to show that its amended complaint fails to state claims against them (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C.).
TULSA, Okla. — Trustees of Oklahoma School Risk Management Trust (OSRMT) argue in a March 1 response that an Oklahoma federal court should not require them to produce certain documents in a lawsuit concerning alleged disparagement to a self-insurance products distributor during the promotion of a competitor’s products to school districts (The Sandner Group – Alternative Risk Solutions Inc. v. BancFirst Insurance Services Inc., et al., No. 18-0265, N.D. Okla.).
COLUMBIA, S.C. — A South Carolina federal judge held Feb. 28 that claims arising from a bank’s breach of duties as trustee of a reinsurance trust for an insolvent insurer are timely (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).
NEW YORK — A bank and an insurer on Feb. 21 voluntarily dismissed without prejudice their New York federal court lawsuit accusing underwriters of breaching a reinsurance contract regarding coverage for alleged breaches of securities lending agreements (Wells Fargo Bank N.A., et al. v. Lloyd’s Syndicate AGM 2488, et al., No. 18-12122, S.D. N.Y.).
SPRINGFIELD, Ill. — In a reinsurance coverage dispute over payment for mine subsidence damages, a railroad company argues in a Feb. 20 brief that an Illinois federal court should grant it summary judgment on alter-ego and de facto merger claims (Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Co., No. 17-3199, C.D. Ill.).
LINCOLN, Neb. — In a dispute over a promissory note executed pursuant to a reinsurance participation agreement (RPA), the promissory note maker on Feb. 20 filed an objection to a Nebraska magistrate judge’s recommendation to deny class certification and asks that its proposed New Jersey class be certified (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb.).
KANSAS CITY, Kan. — In a dispute over an alleged reinsurance scheme, investment companies assert in Feb. 19 reply briefs to a Kansas federal court that an investor’s claims for violations of the Racketeer Influenced and Corrupt Organizations Act and unjust enrichment should be dismissed (Albert Ogles v. Security Benefit Life Insurance Co., et al., No. 18-02265, D. Kan.).