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Mealey's Reinsurance

  • September 20, 2018

    Judge Sets Trial Schedule For Run-Off Insurer’s Case Against Reinsurers, Owners

    NEW YORK — A New York federal judge on Sept. 7 told an insurer in run-off and reinsurers that they should be ready by April 2019 for trial of the insurer’s allegations that the reinsurers, their affiliates and their current and former owners, officers and insiders misused and mismanaged $320 million in investments (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).

  • September 20, 2018

    Insurer Asserts Civil Conspiracy Claim Against Bank In Federal Court

    COLUMBIA, S.C. — An insurer filed a first amended complaint on Sept. 6, asserting breach of contract, breach of fiduciary duty, negligence and gross negligence, negligent misrepresentation and civil conspiracy claims in a South Carolina federal court dispute involving a bank sued for its role 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.).

  • September 20, 2018

    Protective Order Issued To Insurance Provider In Disparagement Case

    TULSA, Okla. — An Oklahoma federal magistrate judge on Sept. 12 issued a protective order in favor of a distributor of self-insurance products in a lawsuit alleging disparagement through false and misleading representation of reinsurance problems (The Sandner Group – Alternative Risk Solutions Inc. v. BancFirst Insurance Services Inc., et al., No. 18-0265, N.D. Okla.).

  • September 18, 2018

    Default Judgment Entered In Reinsurer’s Case Over Periodic Payments

    MILWAUKEE — Entering default judgment against a contingent beneficiary to a will, a Wisconsin federal judge on Sept. 10 ordered a reinsurer to release periodic payments of $761.32 per month to a designated beneficiary, plus all past due amounts (American General Life Insurance Co. v. Amanda Hebard, et al., No. 18-00654, E.D. Wis.).

  • September 18, 2018

    Insurance Broker’s Former Owners Oppose Reinsurer’s Summary Judgment Motion

    SAN DIEGO — Arguing that there are triable issues of fact, the former owners of an insurance brokerage company in separate Sept. 14 briefs oppose a reinsurer’s request for summary judgment against them for payment of a $3.2 million judgment in a California federal court dispute over breached reinsurance agreements from fraudulent transfers (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif.).

  • September 18, 2018

    Farmer Accused Of Filing False Reports With Federal Reinsured Crop Policies

    LEXINGTON, Ky. — The U.S. government filed an indictment on Sept. 6 in a Kentucky federal court against a farmer for submitting false reports regarding federally reinsured crop insurance policies (United States of America v. Christopher G. Hickerson, No. 18-cr-00111, E.D. Ky.).

  • September 18, 2018

    Excess Reinsurer Seeks To Dismiss Breach Of Contract Case For Lack Of Jurisdiction

    MIAMI — An excess reinsurer argues in a Sept. 13 brief that an international health insurer’s breach of contract lawsuit filed in the Florida federal court should be dismissed based upon a lack of subject matter jurisdiction (VIP Universal Medical Insurance Group Ltd. v. BF&M Life Insurance Company Ltd., et al., No. 17-24633, S.D. Fla.).

  • September 17, 2018

    Panel Denies Rehearing On Ruling That Reinsurer Did Not Breach Contract

    DALLAS — Denying motions for rehearing and rehearing en banc, a Texas appeals panel on Sept. 13 affirmed a lower court’s summary judgment rulings in favor of a reinsurer and a third-party administrative services provider regarding a third-party breach of contract claim filed by a life insurer (The Capitol Life Insurance Co. v. Linda S. Newman, et al., No. 05-16-01476-CV, Texas App., 5th Dist., 2018 Tex. App. LEXIS 7549).

  • September 14, 2018

    Judge Dismisses 2nd Attempt To Vacate Award Over Reinsured Crops

    PITTSBURGH — A Pennsylvania federal judge on Sept. 12 dismissed a farmer’s second attempted lawsuit against a crop insurer in which the farmer sought to vacate an arbitration award over federally reinsured crops (Bradley Overdorff v. NAU Country Insurance Co., No. 18-750, W.D. Pa., 2018 U.S. Dist. LEXIS 155250).

  • September 13, 2018

    Reinsurers Oppose Leave To Amend Complaint In Breach Of Contract Case

    WASHINGTON, D.C. — In a case seeking to recover a $26 million arbitration award, reinsurers on Sept. 10 opposed a request for leave to file an amended complaint after a District of Columbia federal judge ruled that a financial services company failed to establish the court’s personal jurisdiction over reinsurers and dismissed breach of contract claims (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C.).

  • September 13, 2018

    Panel Affirms Denial Of Reinsurers’ Motion To Compel Arbitration

    CHICAGO — In a fraudulent inducement case over reinsurance agreements for workers’ compensation insurance policies, an Illinois appeals panel on Sept. 10 upheld a lower court’s entry of summary judgment for manufacturers and its denial of a motion to compel arbitration filed by reinsurers and their affiliates (Onken’s American Recyclers Inc., et al. v. California Insurance Co., et al., No. 4-18-0240, Ill. App., 4th Dist., 2018 Ill. App. Unpub. LEXIS 1524).

  • September 12, 2018

    Judge Dismisses Insurer’s Breach Of Contract Suit After Settlement Is Reached

    MINNEAPOLIS — Following a settlement, a Minnesota federal judge on Sept. 7 dismissed all claims, counterclaims and causes of action in a breach of contract lawsuit over an alleged failure to reimburse unpaid defense costs over an underlying workers’ compensation claim after reinsurance initially provided coverage (Berkley Risk Administrators Co. LLC, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 17-04765, D. Minn.).

  • September 12, 2018

    Life Insurer’s Motion To Dismiss Breach Of Policies Case Opposed By Plaintiff

    NEW YORK — A plaintiff in a proposed class action on Sept. 7 opposed a life insurer’s motion to dismiss his New York federal court lawsuit alleging breach of policies by the unlawful increase of the premium costs to recoup costs associated with an acquisition (Derek Fan, et al. v. Phoenix Life Insurance Co., et al., No. 18-01288, S.D. N.Y.).

  • September 11, 2018

    Insurer Seeks Umpire Appointment For Arbitration Against Reinsurer

    AKRON, Ohio — An insurer petitioned an Ohio federal court on Sept. 7 to appoint an umpire for an arbitration panel regarding a dispute under a reinsurance agreement (Envision Insurance Co. v. Hannover Life Reassurance Company of America, No. 18-02047, N.D. Ohio).

  • September 11, 2018

    Federal Judge Approves Report On Dismissal Of RICO Federal Claim

    EL PASO, Texas — A Texas federal judge on Sept. 7 approved a magistrate judge’s recommendation that a federal civil Racketeer Influenced and Corrupt Organizations Act claim should be dismissed in a lawsuit about an alleged scheme to take control of an auto dealership and to decline selling vehicle-protection products that are reinsured (Richard C. Poe II, et al. v. Anthony E. Bock, et al., No. 17-00232, W.D. Texas, 2018 U.S. Dist. LEXIS 153374).

  • September 11, 2018

    Appeals Panel Denies Rehearing In Dispute Over Federally Reinsured Crops

    WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals on Sept. 7 denied a petition for panel rehearing of a ruling dismissing claims for breach of contract under the duty of good faith and fair dealing, promissory estoppel, reformation and rescission in a contract dispute over federally reinsured crops (ACE American Insurance Co., et al. v. Federal Crop Insurance Corp., et al., No. 16-5348, D.C. Cir., 2018 U.S. App. LEXIS 25549).

  • September 6, 2018

    Insurer, Reinsurer Submit Briefs In Case Over Expenses For Asbestos Settlement

    SYRACUSE, N.Y. — An insurer and its reinsurer filed briefs on Aug. 28 regarding a variety of coverage issues in their New York federal court dispute over whether the reinsurer is obligated to pay $3.2 million in reinsurance proceeds for the insurer’s defense expenses from an asbestos claims settlement (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., Nos. 12-00196 & 13-00743, N.D. N.Y.).

  • September 6, 2018

    Judge Allows Joining Of Offshore Reinsurer To Breach Of Fiduciary Case

    NEW YORK — An insurer was granted permission by a New York federal judge on Aug. 20 to add an offshore reinsurer as a plaintiff in a breach of fiduciary duty lawsuit so that the insurer’s parent company could seek lost premiums received by the reinsurer (Insurent Agency Corp., et al. v. The Hanover Insurance Co., et al., No. 16-3076, S.D. N.Y., 2018 U.S. Dist. LEXIS 140922).

  • September 6, 2018

    Financial Company Seeks Leave to Amend Complaint Against Reinsurers

    WASHINGTON, D.C. — A financial services company in an Aug. 27 motion seeks leave to file an amended complaint following a District of Columbia federal judge’s ruling that the company failed to establish the court’s personal jurisdiction over reinsurers and dismissal of breach of contract claims in a lawsuit 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.).

  • September 6, 2018

    Judge Grants Trial Continuance In Case Over Farmers’ False Claims For Crop Insurance

    LEXINGTON, Ky. — A Kentucky federal judge on Sept. 4 granted a motion filed by farmers to continue trial in a lawsuit alleging that they defrauded the United States through the filing of false insurance claims reimbursed by the U.S. Department of Agriculture (USDA) and by making false statements and reports in connection with the federally reinsured crop insurance program (United States v. Bradley Price, et al., No. 18-cr-60, E.D. Ky.).