Mealey's Reinsurance
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March 29, 2024
Judge Nixes Fraud, Specific Performance Claims In Reinsurer’s Breach Lawsuit
FORT WORTH, Texas — Granting motions for dismissal of all but two claims in a reinsurer’s case over allegedly inflated provisional commissions and breach of various agreements, a Texas federal judge called the case “a lesson in Murphy’s Law for unwitting contractees” and ruled that “bad looks cannot support a fraud claim where the resulting harm was merely contractual.”
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March 28, 2024
Receiver Of Reinsurer In Liquidation Proposes Proof Of Claim Procedures
WILMINGTON, Del. — The receiver for life and health reinsurer Scottish Re (U.S.) Inc. (SRUS) filed motions to set bar dates for two types of claims under proof of claim (POC) procedure proposals filed in the Delaware Chancery Court.
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March 27, 2024
N.C. High Court Tosses Clarification Bid In Fraud Row With Insolvent Insurers
RALEIGH, N.C. — The North Carolina Supreme Court dismissed insurers’ motion for clarification of the high court’s order granting a petition for supersedeas regarding an appellate court’s decision affirming a judgment for fraud against the purchaser of now-insolvent insurers and his affiliated companies.
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March 27, 2024
Some Of Railroad’s Claims Survive Dismissal In Mine Subsidence Preclusion Row
SPRINGFIELD, Ill. — A railroad company’s claims for certain declaratory and injunctive relief regarding mine subsidence claims survive after an Illinois federal judge on March 26 partly granted a dismissal motion and rejected the argument that the second amended complaint (SAC) is futile.
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March 27, 2024
Dismissal Stipulated Before Jury Trial In Reinsurance Breach Of Contract Row
LOS ANGELES — Parties in a reinsurance billing suit over a variety of claims that had been progressing toward a jury trial in California federal court have filed a one-paragraph March 26 stipulation dismissing the case in its entirety “with prejudice and without costs.”
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March 26, 2024
Insurers Win Summary Judgment On Bad Faith Claim In Case Over Settlement
CINCINNATI — Ruling that Marginian v. Allstate Ins. Co. “plainly bars” the sole remaining bad faith claim under Ohio law “[a]nd no amount of discovery could change that,” an Ohio federal judge granted summary judgment for defendant insurers in litigation over the settlement of a third-party personal injury lawsuit.
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March 21, 2024
AFFF Maker Seeks Ruling That Pollution Exclusions Do Not Bar Liability Claims
CHARLESTON, S.C. — A company that makes the firefighting agent known as aqueous film-forming foam (AFFF) has moved in South Carolina federal court for partial summary judgment against a group of insurers asking the court to find that the product liability and common-law causes of action alleging bodily injury and/or property damage that have been asserted against the company in the multidistrict litigation are not excluded from coverage by pollution exclusions.
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March 19, 2024
Amended Complaint Proposed In Delaware Suit Over Alleged Asset Dissipation
WILMINGTON, Del. — Plaintiffs in a suit over the “Agera transactions” — a complex asset-swap arrangement that they allege resulted in the “dissipation of at least $250 million” — have moved in Delaware Chancery Court for leave to amend the complaint “to clarify the record and make minimal amendments.”
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March 14, 2024
Farmer, Regulators Brief Determination Row In Crop Insurance Case
LUBBOCK, Texas — In competing motions for summary judgment and judgment on the administrative record in a crop insurance case, a farmer and federal regulators are disputing whether an agency applied the right standard and correctly considered expert testimony in concluding that the farmer failed to follow good farming practices (GFP).
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March 14, 2024
Receiver Gets Firm Deadline For Procedures Proposal In Reinsurer’s Liquidation
WILMINGTON, Del. — Modifying a proposed scheduling order, a Delaware Chancery Court vice chancellor has given the receiver for life and health reinsurer Scottish Re (U.S.) Inc. (SRUS) until March 25 to seek approval of proof-of-claim processes and related liquidation procedures.
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March 13, 2024
As Tax Penalty Row Over Microcaptives Nears Jury Trial, Parties Seek Exclusions
FORT MYERS, Fla. — After a Florida federal judge denied motions for summary judgment and to preclude the testimony of three experts in consolidated cases involving promotion of purported microcaptive insurance companies, the parties asked the court to exclude certain evidence and terms from the approaching jury trial.
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March 13, 2024
Judge Certifies Settlement Class Over Alleged Fraud, Won’t Approve $195,000 Deal
SANTA ANA, Calif. — Citing reasons including “serious concerns about the scope of recovery,” a California federal judge granted preliminary certification of a settlement class in a suit over alleged fraud involving captive reinsurance but denied preliminary approval of the proposed $195,000 settlement.
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March 13, 2024
AT&T Retirees File Putative Class ERISA Suit Over Pension Risk Transfer Deal
BOSTON — Asserting in part that “reinsurance of ‘Pension Risk Transfer’ liabilities in Bermuda poses unique risks to pensioners,” four AT&T Inc. retirees who participated in a defined-benefit pension plan filed a class complaint in Massachusetts federal court challenging a “de-risking” transaction under the Employee Retirement Income Security Act.
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March 12, 2024
Discovery Orders Granted, Appeal Filed In Vesttoo Chapter 11 Bankruptcy Cases
WILMINGTON, Del. — A notice of appeal has been filed concerning the confirmation of a Chapter 11 plan of liquidation for Vesttoo Ltd. and its dozens of affiliates, and a Delaware federal bankruptcy judge on March 11 granted four unopposed motions for leave to conduct discovery against banking entities.
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March 11, 2024
English Justice Addresses Broker Disclosure In Light Of Sanctions On Russia
LONDON — A reinsurance placing broker would not contravene a set of United Kingdom sanctions against Russia by providing certain documents requested under an application for third-party disclosure in a case involving insurance and reinsurance for aircraft and engines leased to Russian entities, an English justice concluded.
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March 11, 2024
Judge Amends Consent Decree Order In Case Over Alleged Counterfeit Policies
LOUISVILLE, Ky. — In a March 8 amended ruling entering a consent decree in a sprawling suit over allegations of fraud, trademark counterfeiting and trademark infringement involving captive reinsurance programs, a Kentucky federal judge said he “inadvertently omitted the names of two parties.”
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March 11, 2024
Class Certification Bid Draws Opposition In DUFTA Case Involving Insurer
WILMINGTON, Del. — Arguing in part that proposed class representatives “appear to be as unqualified as” one rejected in Gordon v. Sonar Capital Mgmt. LLC, defendants in a suit over an alleged scheme to strip capital from an insurance subsidiary on which many policyholders depend for long-term care (LTC) disability benefits urged the Delaware Chancery Court to deny certification of the proposed class.
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March 07, 2024
Briefing On Tolling In Opt-In Class Cases Ordered In Consolidated ACA Suits
WASHINGTON, D.C. — Saying “issues important to the resolution of the [government’s dismissal] Motion remain unaddressed,” a U.S. Court of Federal Claims judge ordered supplemental briefing in consolidated cases of group health plans that allege that contributions were illegally exacted from them under the Transitional Reinsurance Program (TRP) of the Patient Protection and Affordable Care Act (ACA).
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March 05, 2024
Tax Attorney, Government Report Unspecified Deal In Microcaptive Penalty Row
WEST PALM BEACH, Fla. — With partial summary judgment and expert preclusion motions pending in the case involving a penalty related to microcaptive insurance companies, a tax attorney and the federal government on March 4 told a Florida federal court that they have reached an unspecified proposed settlement to fully resolve the case.
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March 05, 2024
Reinsurer Seeks Reconsideration In Default Dispute In Settlement Reimbursement Case
OMAHA, Neb. — Arguing in part that “the prima facie standard only applies at the pre-trial stage,” a Brazil-based reinsurer has asked a Nebraska federal judge to reconsider denying its motion to set aside a default previously entered against it in the suit over reimbursement for a settlement reached with Montana regarding alleged asbestos exposure.
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February 29, 2024
U.S. Bankruptcy Judge Approves Liquidation Plan In Vesttoo Chapter 11 Cases
WILMINGTON, Del. — After the latest in a string of recent hearings, a Delaware federal bankruptcy judge on Feb. 29 confirmed a Chapter 11 plan of liquidation for Vesttoo Ltd. and its dozens of affiliates, also approving four settlements — one with a caveat and one with conditions precedent.
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February 29, 2024
Parties Brief Corner Post In Health Plans’ Consolidated Illegal Exaction Cases
WASHINGTON, D.C. — In supplemental briefing in the U.S. Court of Federal Claims, the government and group health plans both say a pending U.S. Supreme Court case will not resolve their dispute in consolidated cases where the plans allege that the government illegally exacted contributions from them under the Transitional Reinsurance Program (TRP) of the Patient Protection and Affordable Care Act (ACA).
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February 28, 2024
Settlements Sought, Liquidation Proposal Updated In Vesttoo Chapter 11 Cases
WILMINGTON, Del. — After putting forth several proposed settlements for approval in a Delaware federal bankruptcy court following mediation, the Official Committee of Unsecured Creditors on Feb. 28 filed the latest of its recent amendments to its proposed Chapter 11 plan of liquidation for Vesttoo Ltd. and dozens of Vesttoo affiliates.
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February 28, 2024
9th Circuit Sets Argument In Dispute Involving What Are ‘Farming Activities’
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals has set oral argument for April 5 in a crop insurance dispute involving federal reinsurance, the term “farming activities” and the structure of a farming operation.
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February 28, 2024
Reinsurers Turn To 2nd Circuit In Oil Seizure Row Involving Insurrection Clause
NEW YORK — Reinsurers who were ordered to pay CITGO Petroleum Corp. more than $72.5 million following a jury trial in a suit stemming from the February 2020 seizure of crude oil at a Venezuelan port and involving a marine cargo reinsurance policy have obtained a supersedeas bond and initiated an appeal.