Mealey's Insurance Insolvency : Mealey's : Legal News & Analysis

Mealey's Insurance Insolvency

July 19, 2022
Trustee Issues Status Report Regarding Wind-Down And Sale Of Insurance Policies

FORT LAUDERDALE, Fla. — A trustee of the Mutual Benefits Keep Policy Trust on July 15 submitted a status report with a Florida federal court regarding the court’s wind-down order approving the sale of policies related to terminating the trust, providing the court with information about the trustee’s notice of filing regarding bids on the insolvent policies to be sold at auction in two months.
July 19, 2022
Judge Grants Receiver’s Voluntary Dismissal Motion In Insolvent Health Plan Suit

CHICAGO — In a single minute entry, an Illinois federal judge on July 18 granted an independent fiduciary receiver’s voluntary dismissal motion pursuant to settlement against one broker defendant and advised that the receiver’s separate motion for default judgment against another broker defendant will be considered unopposed if there is no response to the motion.
July 18, 2022
Judge Grants 1 Defendant Release From Prison In Alleged Bribery Scheme Suit

STATESVILLE, N.C. — After the Fourth Circuit U.S. Court of Appeals vacated convictions in an alleged $2 million bribery scheme and remanded the case for a new trial, a North Carolina federal judge on July 14 granted a multinational insurance and reinsurance management company founder’s motion for release from prison pending further proceedings.
July 18, 2022
Bankruptcy Judge Grants Emergency Hearing To Owner Of Insolvent Insurers

NEW YORK — A New York federal bankruptcy judge on July 14 issued an order granting shortened notice and an emergency hearing for relief from an automatic stay to an owner of insolvent insurers and his related companies seeking to stay enforcement of a judgment entered by another court in an underlying breach of contract lawsuit filed against them.
July 15, 2022
Louisiana Federal Judge Grants Stay In Hurricane Suit Against Insolvent Insurer

NEW ORLEANS — After an insolvent homeowners insurer requested a stay pursuant to Louisiana law in a coverage dispute filed by a homeowner against the insurer, a Louisiana federal judge on July 13 granted the motion in accordance with Louisiana law providing for a six-month stay in all proceedings involving insolvent insurers, finding that though the insurer says the motion is opposed, the homeowner filed no opposition.
July 15, 2022
SEC Files Status Report With Court In Fraud Suit Involving Insolvent Insurers

NEW YORK — The Securities and Exchange Commission on July 13 filed a status report in a New York federal court regarding the remaining defendant in a lawsuit alleging that two individuals “perpetrated multiple schemes to defraud their advisory clients, which were insurance companies and reinsurance trusts.”
July 14, 2022
With Bermuda Buyout Done, Judge OKs Closure Of U.S. Chapter 15 Proceeding

NEW YORK — After the joint provisional liquidators (JPLs) for a Bermuda reinsurer and related entities collectively known as CATCo Group certified that the deadline for objections had passed and none were received, a federal bankruptcy judge in New York on July 11 granted their request to close the Chapter 15 cases.
July 14, 2022
Federal Circuit: Government’s Brief In Insurance Insolvency Suit Is Noncompliant

WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals on July 11 issued a notice of noncompliance, giving the government five business days to submit a corrected version of its brief filed three days before urging the court to reverse a trial court’s $55 million judgment to Nevada’s receiver in lieu of loan offsets issued by U.S. Department of Health and Human Services for an insolvent insurer’s outstanding loans.
July 13, 2022
U.S. Government Asks Claims Court To Deny Insolvent Insurer’s Motion To Strike

WASHINGTON, D.C — In response to an insolvent insurer’s motion to strike portions of the U.S. government’s supplemental brief in a suit seeking a declaratory judgment that the government owes insurers millions of dollars under the Patient Protection and Affordable Care Act (ACA) risk-corridor program, the government on June 29 filed a brief with the Court of Federal Claims opposing the motion to strike and asserting that the insolvent insurer fails to “identify the legal basis for its motion.”
July 07, 2022
Receiver: Modified Rehab Plan For Reinsurer Would Raise Rates For Some YRT Business

WILMINGTON, Del. — The receiver for Scottish Re (U.S.) Inc. in Rehabilitation (SRUS) on June 30 asked a Delaware state court to approve a modified plan of rehabilitation that includes remediative rate increases (RRIs) to correct the “underpricing” of some of its Yearly Renewable Term (YRT) business that was deemed largely responsible for the reinsurer’s financial distress.
July 07, 2022
Specialty Insurer Says Insolvency Exclusion Bars Coverage Of MA Plan Insurer

CENTRAL ISLIP, N.Y. — A specialty insurer on June 30 moved for judgment on the pleadings in New York federal court in a Medicare Advantage (MA) plan insurer’s suit seeking a judgment that the specialty insurer is obligated to reimburse the plan insurer for losses in an underlying suit filed against it, contending that insolvency, managed care services and contract exclusions bar coverage.
July 01, 2022
Judge Rules On Evidence, Summary Judgment Motions In Shipyard Asbestos Case

NEW ORLEANS — A federal judge in Louisiana on June 15 issued a series of orders in which he admitted an asbestos expert, excluded evidence of collateral income sources and settlements and granted summary judgment to two defendants after finding the Longshore and Harbor Workers’ Compensation Act (LHWCA) provides the exclusive remedy for claims against a man’s employer.
June 30, 2022
Federal Judge Dismisses Asbestos Suit Cross-Claims Against Insurer, Corporations

NEW ORLEANS — One day after a shipbuilder defendant moved to dismiss its claims against cross-claim and third-party defendants in an asbestos liability coverage suit filed against corporations and their insurers, alleging that a man contracted malignant mesothelioma and died due to his inhalation of asbestos fibers, a Louisiana federal judge on June 21 granted the motion without prejudice.
June 30, 2022
Receiver Moves For Default Against Broker In Insolvent Health Plan Suit

CHICAGO — An independent fiduciary receiver on June 22 filed two motions in Illinois federal court, the first for voluntary dismissal against one broker defendant and the second for entry of default against another broker defendant in a breach of duty of care suit against insurance brokers, alleging that they knew or should have known that a multiple employer welfare arrangement (MEWA) lacked compliance with its structural requirements.
June 28, 2022
Liability Insurer Says It’s Not Obligated To Indemnify In Antitrust Coverage Row

KANSAS CITY, Kan. — A liability insurer on June 24 filed a brief with a Kansas federal court in support of its cross-motion for judgment on the pleadings in an antitrust coverage dispute involving a liability policy it issued to a health care insurer, contending that “[b]ecause every aspect of the alleged conspiracy falls within the definition of Managed Care Activities [MCA], the MCA Exclusion applies to bar coverage” of the health care insurer.
June 22, 2022
JPMDL Says ‘Centralization Appears Premature’ In Insurance Rehab Case

WASHINGTON, D.C. — The U.S. Judicial Panel for Multidistrict Litigation on June 1 denied an insolvent insurer and its rehabilitators’ motion to transfer and centralize litigation against them to a Pennsylvania federal court, finding that the insurer and its rehabilitators failed to meet the burden of demonstrating “that the benefits of centralization outweigh the disruption to the pending actions and inconvenience that would be imposed on the parties and witnesses.”
June 22, 2022
Nevada High Court: Insolvent Insurers’ Directors Didn’t ‘Demonstrate’ Jurisdiction

LAS VEGAS — Directors of an insolvent Nevada risk retention group failed to “demonstrate” that the high court had jurisdiction in an insurance commissioner’s breach of fiduciary and gross negligence suit against them, the Nevada Supreme Court ruled June 6, dismissing the directors’ appeal of district court orders denying their motion for attorney fees and the Nevada insurance commissioner’s motion to retax and settle costs.
June 21, 2022
Louisiana Federal Judge Grants Ex Parte Dismissals In Asbestos Liability Suit

NEW ORLEANS — Almost two weeks after granting an ex parte joint motion to dismiss with prejudice, a Louisiana federal judge on June 13 issued an order granting plaintiffs’ ex parte motion to dismiss with prejudice against specified defendants in an asbestos liability coverage suit alleging that a man contracted malignant mesothelioma and died due to his inhalation of asbestos fibers.
June 20, 2022
Full Aggregate Policy Limits Apply To Insured’s Policies, 2nd Circuit Panel Says

NEW YORK — The Second Circuit U.S. Court of Appeals on June 16 reversed a district court’s ruling that the full aggregate policy limits do not apply to an insured’s policies that were effective for less than a full year because the policies at issue are ambiguous as to whether the full aggregate limits should apply for underlying asbestos liabilities and must be construed in favor of the insured.
June 15, 2022
Magistrate Judge: Asbestos Plaintiffs Don’t Have Info Guaranty Association Seeks

BATON ROUGE, La. — A Louisiana federal magistrate judge on June 13 denied a motion to compel responses to discovery filed by the Louisiana Insurance Guaranty Association (LIGA), the statutory obliger for an insolvent insurer in an asbestos exposure suit filed against the insurer, finding that plaintiffs lack the information requested and that LIGA’s settlement-related request is “premature.”
June 15, 2022
Bankruptcy Judge Gives Insurer’s Liquidators OK For Dozens Of Subpoenas

NEW YORK — In three orders issued June 14, a New York federal bankruptcy judge authorized the joint provisional liquidators (JPLs) of Bermuda insurer and reinsurer PB Life and Annuity Co. Ltd. (PBLA) and other debtors to issue subpoenas directing production of documents to dozens of entities and individuals including debtor investment counterparties and certain non-insider third parties — of which the latter includes Google LLC.
June 14, 2022
Health Plan Directors Issue Status Report In Suit Against Insolvent Insurer

AKRON, Ohio — Liberty HealthShare Inc., its CEOs and directors on June 8 issued a status report to an Ohio federal court in a class action filed by health insurance plan members seeking a declaration that the health plans “were and are illegal contracts” and a ruling that the CEOs or directors were personally liable after Liberty was deemed an insolvent insurer under Virginia Code Annotated Section 38.2-215.
June 14, 2022
Panel Affirms Dismissal Of Insurer Conservatorship Suits, Splits On Abstention

SAN FRANCISCO — Ruling 2-1 that abstention under Younger v. Harris does not apply to insurance conservatorships, members of a Ninth Circuit U.S. Court of Appeals panel on June 10 affirmed a lower court’s dismissal of two suits involving the same state court proceeding under the prior exclusive jurisdiction rule; the majority said it believes that this is “the first case in this Court implicating” that rule “in connection with a 42 U.S.C. § 1983 action.”
June 09, 2022
Trial Dropped For Summary Judgment In Reinsurer’s Suit Over Defense, Indemnity

NEW YORK — A federal judge in New York on June 6 granted a request by both parties in a declaratory judgment suit over defense and indemnity costs that, in lieu of conducting a bench trial scheduled to start July 25, he will “decide all issues on the papers submitted in the pending motions for summary judgment, inclusive of issues of fact, if any.”
June 08, 2022
Settlement Meeting Held Between Fiduciary, Brokers In Insolvent Health Plan Suit

CHICAGO — A federal magistrate judge in a June 7 minute entry directed parties to file settlement position opening statements by Aug. 1 following a pre-settlement conference in a lawsuit alleging that insurance brokers breached their duty of care because they knew or should have known that a multiple employer welfare arrangement (MEWA) was not in compliance with its structural requirements and was not financially sound.