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Mealey's Reinsurance

  • August 8, 2018

    Insurer, Reinsurer Write To Court About Issues For Summary Judgment

    SYRACUSE, N.Y. — In an asbestos coverage dispute, a reinsurer and an insurer wrote letters on Aug. 7 to a New York federal court regarding issues such as follow-the-fortunes doctrine and res judicata that they plan to raise in their summary judgment motions (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-270, N.D. N.Y.).

  • August 8, 2018

    Farmers Allowed To Exclude Data Under Federally Reinsured Crop Year, Panel Says

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Aug. 7 affirmed that farmers were permitted to exclude historical data for a federally reinsured crop year, even though the Federal Crop Insurance Corp. (FCIC) had not completed its data compilation (Michael Adkins, et al. v. Steven C. Silverman, et al., No. 17-10759, 5th Cir., 2018 U.S. App. LEXIS 21961).

  • August 8, 2018

    Life Insurer Seeks Extension On Motion To Dismiss Schedule In Class Action

    NEW YORK — A life insurer wrote to a New York federal court on Aug. 6 requesting an extension of the motion to dismiss briefing schedule in a class action alleging breach of policies by the unlawful increase of the premium costs to recoup costs associated with the acquisition (Derek Fan, et al. v. Phoenix Life Insurance Co., et al., No. 18-01288, S.D. N.Y.).

  • August 7, 2018

    No Personal Jurisdiction Exists Over Reinsurers In Breach Of Contract Case, Judge Says

    WASHINGTON, D.C. — A financial services company failed to establish a District of Columbia federal court’s personal jurisdiction over reinsurers, a federal judge held Aug. 6, granting the reinsurers’ motions to dismiss 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., 2018 U.S. Dist. LEXIS 131401).

  • August 7, 2018

    Homeowner Opposes Dismissal Of Deceptive Acts, Illegal Kickback Lawsuit

    HONOLULU — In a Hawaii federal court, a homeowner in an Aug. 3 brief opposes banks and insurers’ motions to dismiss her second amended complaint alleging unfair or deceptive acts or practices by them in the placement of “unnecessary” insurance, with “unreasonable and inflated premiums” that included “improper compensation through illegal kickback or captive reinsurance arrangements” (Julia Wieck v. CIT Group Inc., et al., No. 16-00596, D. Hawaii).

  • August 7, 2018

    2 Reinsurers Answer Insurer’s Breach Of Contract Counterclaim

    NEW YORK — On Aug. 6, two reinsurers filed an answer and defenses to an insurer’s breach of contract counterclaim in a New York federal court lawsuit regarding claims under facultative reinsurance contracts for losses of $2.5 million (Continental Insurance Company of New Jersey, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 18-4715, S.D. N.Y.).

  • August 6, 2018

    Parties Consent To Filing Of Documents Under Seal In Reinsurance Dispute

    SACRAMENTO, Calif. — In two putative class actions over a reinsurance participation agreement (RPA), a California federal judge on July 25 approved a stipulation and proposed order by the parties consenting to the filing of documents under seal and the redaction of documents (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., Nos. 16-00158 & 16-01211, E.D. Calif., 2018 U.S. Dist. LEXIS 126405).

  • August 6, 2018

    Reinsurer Seeks Judgment Against Broker’s Former Owners For $3.2M Judgment

    SAN DIEGO — In a California federal court dispute over breached reinsurance agreements from fraudulent transfers, a reinsurer on July 27 sought summary judgment against the former owners of an insurance brokerage company for payment of a $3.2 million judgment (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif.).

  • August 3, 2018

    Nebraska Federal Judge Awards Promissory Note Holder $166,202.65

    LINCOLN, Neb. — Finding that a promissory note, executed pursuant to a reinsurance participation agreement (RPA), is enforceable, a Nebraska federal judge on Aug. 2 ordered that the note holder be awarded $166,202.65 due to nonpayment (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb., 2018 U.S. Dist. LEXIS 129470).

  • August 2, 2018

    Parties In Workers’ Comp, Reinsurance Contracts Suit Hold Pretrial Conference

    BRIDGEPORT, Conn. — Parties in a dispute over a series of workers’ compensation insurance and reinsurance contracts held a pretrial conference on June 21 where they talked about the nature of their claims and affirmative defenses, the schedule for discovery and the prospects for settlement, according to a July 9 filing by a Connecticut federal judge (Charter Oak Oil Co. Inc. v. Applied Underwriters Inc., et al., No. 17-00689, D. Conn.).

  • August 1, 2018

    Reinsurer: Insurer May Not Proceed With Breach Of Contract Lawsuit

    DETROIT — A reinsurer argues in a July 30 answer that an insurer failed to perform its duties under reinsurance contracts and may not pursue any breach of contract claims for the reinsurer’s alleged failure to indemnify it for expenses incurred for underlying asbestos claims (Amerisure Mutual Insurance Co. v. Transatlantic Reinsurance Co., No. 18-11966, E.D. Mich.).

  • August 1, 2018

    Judge Transfers Breach Of Contract Dispute Against Reinsurer To Another Division

    FORT MYERS, Fla. — A Florida federal judge on June 14 transferred to a different division a breach of contract dispute between a Florida self-insured intergovernmental risk management association and a reinsurer over 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. 18-27, M.D. Fla.).

  • August 1, 2018

    Judge Dismisses Party From Negligence Lawsuit With Insolvent Insurer’s Receiver

    OKLAHOMA CITY — An Oklahoma federal judge on July 25 granted an insolvent insurer’s receiver’s motion to dismiss a party from her negligence lawsuit against reinsurance intermediaries for their alleged negligence in providing reinsurance services to the insurer (Oklahoma, et al. v. Axiom Re LP, et al., No. 17-0484, W.D. Okla.).

  • August 1, 2018

    Used Car Seller, Shell Reinsurer Allegedly Behind Fraud Schemes

    FRESNO, Calif. — A used-vehicle seller and its affiliates, including an illegal shell reinsurance company, are accused by a California man in a July 17 complaint in a state court of being behind three fraudulent schemes in the sale of used vehicles and violating California’ unfair competition law (UCL) (Gustavo Diaz-Samaniego v. Paul Blanco’s Good Car Company Fresno Inc., et al., No. 18CECG02632, Calif. Super., Fresno Co.).

  • August 1, 2018

    Judge Dismisses Case About Arbitration Award Over Federally Reinsured Crops

    PITTSBURGH — A Pennsylvania federal judge on July 31 granted a crop insurer’s motion to dismiss a lawsuit seeking to vacate an arbitration award over federally reinsured crops (Bradley Overdorff v. NAU Country Insurance Co., No. 18-79, W.D. Pa., 2018 U.S. Dist. LEXIS 127334).

  • August 1, 2018

    Insurer Seeks Conference Before Filing Motion To Arbitrate Reinsurers’ Claims

    NEW YORK — An insurer in a letter to a New York federal court on July 19 asks for a pre-motion conference ahead of its motion to stay and compel arbitration of a declaratory judgment lawsuit brought by two reinsurers regarding claims asserted under facultative reinsurance contracts for losses of $2.5 million (Continental Insurance Company of New Jersey, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 18-4715, S.D. N.Y.).

  • August 1, 2018

    Judge Permits Insurer To Add Civil Conspiracy Claim Against Bank

    COLUMBIA, S.C. — In a dispute involving a bank sued for its role as trustee of a reinsurance trust for an insolvent insurer, a South Carolina federal judge on July 23 allowed an insurer’s request to amend its complaint to include a cause of action for civil conspiracy (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).

  • July 31, 2018

    Defendants Support Report Recommending Dismissal Of RICO Federal Claim

    EL PASO, Texas — In a lawsuit about an alleged scheme to take control over an auto dealership and to decline selling vehicle-protection products that are reinsured, defendants in a July 23 response support a Texas federal magistrate judge’s recommendation that a federal civil Racketeer Influenced and Corrupt Organizations Act claim be dismissed (Richard C. Poe II, et al. v. Anthony E. Bock, et al., No. 17-00232, W.D. Texas).

  • July 30, 2018

    Magistrate Judge Compels Discovery Of Workers’ Compensation Information

    LINCOLN, Neb. — In a dispute over the breach of the promissory note executed pursuant to a reinsurance participation agreement (RPA), a Nebraska federal magistrate judge on July 25 found that requests for workers’ compensation information and corporate structure “are relevant and proportional to the present needs of the case” (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb., 2018 U.S. Dist. LEXIS 124338).

  • July 27, 2018

    Wisconsin Federal Clerk Enters Default In Reinsurer’s Suit Over Periodic Payments

    MILWAUKEE — The clerk for a Wisconsin federal court on July 25 entered default against a contingent beneficiary by a reinsurer to determine whether the contingent beneficiary or a designated beneficiary is entitled to guaranteed periodic payments (American General Life Insurance Co. v. Amanda Hebard, et al., No. 18-00654, E.D. Wis.).