Subscribe: LexisNexis® Mealey's™ Insurance Insolvency Legal News
http://feeds.feedburner.com/InsuranceInsolvencyLegalNews
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
company  court  insolvent insurer  insolvent  insurance company  insurance  insurer  judge  liquidation  matter liquidation  matter  new 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Insurance Insolvency Legal News

LexisNexis® Mealey's™ Insurance Insolvency Legal News



Headline Insurance Insolvency Legal News from LexisNexis®



 



Judge Gives OK To Confidential Settlement Involving Insolvent Insurer
CHICAGO - An Illinois judge on Jan. 24 approved a confidential settlement agreement between the estate of an insolvent insurer and a mortgage insurer (In the Matter of the Rehabilitation of Triad Guaranty Insurance Corporation, No. 12-CH-43895, Ill. Cir., Cook Co.).



Judge Dismisses Case Against Founders Of Insolvent Insurers
AUSTIN, Texas - A Texas judge on Dec. 27 dismissed a suit in which two insolvent insurers sued the insurers' founders, directors, officers and affiliates for fraud, breach of fiduciary duty and other charges (Austin Indemnity Lloyds Insurance Company And Austin Indemnity Management Company, LLC, In Receivership v. Heartland Risk Management, LLC, et al., No. D-1-GN-12-003758, Texas, 53rd Dist., Travis Co.).



Judge Orders Former President Of Insolvent Insurer To Reveal His Assets
RENO, Nev. - A Nevada judge on Feb. 2 ordered the former president of an insolvent insurer to appear before the court for the examination of his assets regarding an order that he return $48,000 to the insolvency estate (State of Nevada, ex rel. Commissioner of Insurance, in his Official Capacity as Statutory Receiver for Delinquent Domestic Insurer v. National Guaranty Insurance Company, a Nevada Property and Casualty Company, No. CV14-00807, Nev. Cir., Washoe Co.).



Judge Denies Objection, Says Magistrate Judge's Discovery Order Was Proper
SALT LAKE CITY - A federal judge in Utah on Feb. 13 denied an insolvent insurer's objection to a magistrate judge's order compelling discovery of certain categories of information sought by a group of the insolvent insurer's former directors and officers (Western Insurance Company v. Dick L. Rottman, et al., No. 13-cv-00436, D. Utah, 2017 U.S. Dist. LEXIS 20709).



Panel Says Homeowner Sinkhole Claims Against Insolvent Insurer Are Timely
DAYTONA BEACH, Fla. - A Florida appellate panel on Feb. 10 reversed and remanded a lower court order and found that certain statutes of limitations do not apply to a case filed against an insurer before it became insolvent (Patricia Morrison v. Homewise Preferred Insurance Company and Florida Insurance Guaranty Association, No. 5D15-4312, Fla. App., 5th Dist., 2017 Fla. App. LEXIS 1648).



Judge Says Early Access Disbursement Is Necessary And Appropriate
MASON, Mich. - A Michigan judge on Dec. 24 approved a $1.4 million early access disbursement from an insolvent insurer in liquidation to the state's insurance guaranty association (Patrick McPharlin, Director of the Department of Insurance and Financial Services v. Consumers Mutual Insurance of Michigan, No. 15-948-CR, Mich. Cir., Ingham Co.).



Insurance Guarantor Waives Objection To Disallowance Of Claim
AUSTIN, Texas - The Texas Property and Casualty Insurance Guaranty Association (TPCIGA) told a Texas court on Jan. 27 that it has no objections to the disallowance of a homeowner's foundation damage claim against an insolvent insurer (The State of Texas and the Texas Department of Insurance v. Vesta Fire Insurance Corporation, et al., No. D-1-GN-002366, Texas Dist., Travis Co.).



Liquidator Asks Court To Approve Multiple Insurance Guarantor Claims
CONCORD, N.H. - The liquidator of an insolvent insurer on Feb. 2 asked a New Hampshire court to approve his recommendations for allowance of claims to various states' insurance guaranty associations and a number of reinsurers (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



In Opening Salvo, Insurer Argues ACA Mandates Yearly Risk-Corridor Payments
WASHINGTON, D.C. - The government did not make an "informed, reasoned decision" in deciding to make the Patient Protection and Affordable Care Act (ACA) risk-corridor program budget-neutral, but instead simply reneged on its promises and ignored the statutory language mandating annual payments, an insurer told a federal appeals court Jan. 31 (Land of Lincoln Mutual Health Insurance Co. v. The United States of America, No. 17-1224, Fed. Cir.).



Justice Says Settlement Of Asbestos Claim Is Reasonable And Prudent
CONCORD, N.H. - A New Hampshire justice on Dec. 20 approved a settlement agreement under which an insolvent insurer will allow a $725,000 asbestos-related claim covered by a policy written in the 1980s (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Judge Approves Stipulation That Reinsurer Post Bond
NEW YORK - A federal judge in New York on Jan. 30 approved a stipulation and ordered a reinsurer sued by the liquidator of an insolvent insurer for breach of contract to post a security bond with the court (Roger A. Sevigny, the Commissioner of Insurance of the State of New Hampshire, as Liquidator of The Home Insurance Company v. Trygvesta Forsikring A/S, as successor in interest to Skandinavia Insurance Company Ltd., No. 16-cv-04874, S.D. N.Y.).



Liquidator Of Insolvent ACA Insurer Wants Claims Appeal Examiner Applications
NEW YORK - The liquidator of an insolvent insurer operated as a co-op under the Patient Protection and Affordable Care Act recently invited candidates for appointment of referees and medical claims examiners to review liquidation estate claim appeals (In the Matter of the Liquidation of Health Republic Insurance of New York, Corp., No. 450500/2016, N.Y. Sup., New York Co.).



Special Deputy Receiver Wants Disallowance Of Alleged Fire Loss Claim Finalized
AUSTIN, Texas - The special deputy receiver (SDR) of an insolvent insurer on Feb. 8 asked a Texas court to make final the disallowance of a claim to replace an allegedly smoke-damaged carpet that the SDR says was damaged by normal use (The State of Texas and the Texas Department of Insurance v. Vesta Fire Insurance Corporation, et al., No. D-1-GN-002366, Texas Dist., Travis Co.).



Closure Of Liquidation Proceeding Of Medical Malpractice Insurer Announced
TALLAHASSEE, Fla. - The Florida Department of Financial Services Division of Rehabilitation and Liquidation on Dec. 31 announced that it has closed the liquidation proceeding of an insolvent medical malpractice self-insurance fund (In re: The Receivership of Caduceus Self Insurance Fund, Inc., No. 2000-CA-000004, Fla. Cir., 2nd Cir., Leon Co.).



Judge Orders Termination Of Liquidation And Discharge Of Receiver
TALLAHASSEE, Fla. - A Florida judge on Dec. 20 ordered the closure of a liquidation proceeding that started in 2015 (In re: The receivership of Senior Citizens Mutual Insurance Company, No. 2005-CA-1069, Fla. Cir., 2nd Cir., Leon Co.).



Judge Orders Liquidation Of ACA Health Care Provider
TRENTON, N.J. - A New Jersey judge on Feb. 3 ordered a Patient Protection and Affordable Care Act (ACA) consumer-operated and oriented plan insurer's liquidation and appointed the state's insurance commissioner as liquidator (In the Matter of Freelancers Consumer Operated and Oriented Program of New Jersey d/b/a Health Republic Insurance of New Jersey, No. MCR-C-000063-16, N.J. Super., Mercer Co., Chanc. Div.).



Judge Orders Liquidation, Names Georgia Insurance Commissioner Liquidator
ATLANTA - A Georgia judge on Dec. 22 ordered the liquidation of an insurer that the judge said is in hazardous financial condition with a surplus below lawful levels (State of Georgia, Ex. Rel., Ralph T. Hudgens, Commissioner of Insurance of the State of Georgia v. Physicians' Alliance Health Plan Trust, No 2016-cv-283517, Ga. Super., Fulton Co.).



Conservator Asks Court To Convert Conservatorship To Liquidation
SAN FRANCISCO - California's insurance commissioner asked one of his state's courts on Feb. 17 to declare an insurer insolvent and order its liquidation (Dave Jones, Insurance Commissioner of the State of California v. CastlePoint National Insurance Company, and DOES 1-50, No. CPF-16-515183, Calif. Super., San Francisco Co.).



Special Deputy Receiver Applies With Court For Approval Of Claims Report
AUSTIN, Texas - The special deputy receiver (SDR) of a Texas insurer in receivership asked a Texas court on Jan. 26 for approval of a report of allowed and disallowed claims from various insurers and insurance guaranty associations (The State of Texas and the Texas Department of Insurance v. Vesta Fire Insurance Corporation, et al., No. D-1-GN-002366, Texas Dist., Travis Co.).



Justice Wants To Know If Liquidator Should Make Payments To Care Providers
NEW YORK - A New York justice on Jan. 24 asked interested parties for input regarding whether the liquidator of an insolvent insurer should be allowed to make direct payments to out-of-network health providers instead of making the payment to policyholders (In the Matter of the Liquidation of Health Republic Insurance of New York, Corp., No. 450500/2016, N.Y. Sup., New York Co.).



Judge Gives OK To Workers' Compensation Reimbursement Agreement
CHICAGO - An Illinois judge on Feb. 15 approved an agreement between an insolvent insurer, a town and a trust fund regarding the reimbursement of certain workers' compensation supplemental cost-of-living payments (People of the State of Illinois, ex rel. Andrew Boron, Director of Insurance of the State of Illinois v. Lumbermens Mutual Casualty Co., No. 12-24227, Ill. Cir., Cook Co.).



Succession Of Illinois Acting Director Of Insurance Announced
CHICAGO - The Illinois Department of Insurance announced Jan. 18 that it has a new acting director who has taken over as the rehabilitator or liquidator of a number of insolvent Illinois insurers (In the Matter of the Liquidation of The Administrative Employer Group, Inc., No. 07-CH-23319, In the Matter of the Liquidation of Affirmative Insurance Company, 15-CH-13718, In the Matter of the Liquidation of Lumbermens Mutual Casualty Company, No. 12-CH-24227, In the Matter of the Liquidation of Illinois Restaurant Risk Management Association, No. 11-CH-40307, In the Matter of the Rehabilitation of Illinois State Bowling Proprietors & Recreational Industry Workers' Compensation Trust, No. 11-CH-36870, In the Matter of the Liquidation of Interstate Bankers Casualty Company, No. 14-CH-6395, In the Matter of the Liquidation of Land of Lincoln Mutual Health Insurance Co., No. 16-CH-09210, In the Matter of the Liquidation of Legion Indemnity Company, No. 02-CH-06695, In the Matter of the Rehabilitation of Millers Classified Insurance Company, No. 15-CH-00885, In the Matter of the Rehabilitation of Millers First Insurance Company, No. 12-CH-21255, In the Matter of the Rehabilitation of Polish Women's Alliance of America, No. 14-CH-14340, In the Matter of the Liquidation of Reinsurance Company of America, No. 10-CH-06207, In the Matter of the Rehabilitation of Triad Guaranty Insurance Corporation and Triad Guaranty Assurance Corporation, No. 12-CH-43895, Ill. Cir., Cook Co., Chancery Div.).



Liquidator Asks Court To Approve Direct Payments From Reinsurer To Insured
HARRISBURG, Pa. - The liquidator of an insolvent insurer asked a Pennsylvania court on Feb. 3 to approve a cut-through arrangement by which a reinsurer will make direct payments to an insured, leaving the liquidation estate out of the transactions (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Assignee Asks 7th Circuit To Reverse Lower Court Finding Regarding Timeliness
CHICAGO - The assignee of certain reinsurance receivables rights challenging a lower court's finding that its claims against a reinsurer are untimely told the Seventh Circuit U.S. Court of Appeals on Jan. 31 that the lower court erred, among other reasons, because it issued a summary judgment on allegedly disputed issues of material fact (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 16-3499, 7th Cir.).



Liquidator Wants Reinsurance Commutation Agreement Approved
CONCORD, N.H. - The liquidator of an insolvent insurer on Feb. 6 asked a New Hampshire court to approve a confidential reinsurance commutation agreement with two London based reinsurers (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Judge Approves Reinsurance Commutation Agreement For Insolvent Insurer
CHICAGO - An Illinois judge on Feb. 16 approved the commutation of certain reinsurance contracts covering third-party construction defect claims in an agreement between a reinsurer and an insolvent insurer (In the matter of the liquidation of Legion Indemnity Co., No. 02 CH 06695, Ill. Cir., Cook Co., Chanc. Div.).



Justice Approves Reinsurance Commutation Agreement For Insolvent Insurer
CONCORD, N.H. - A New Hampshire justice on Feb. 10 approved an insolvent insurer's reinsurance commutation agreement, which involves the insolvent insurer as both reinsurer and reinsured (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Judge Approves Merger Of Insolvent, Solvent Insurers
CHICAGO - An Illinois judge on Dec. 16 approved the merger of an insolvent insurer with a solvent insurer to protect the life insurance policy, annuity and pension obligations of the insolvent insurer (In the Matter of the Rehabilitation of Polish Women's Alliance of America, No. 14-CH-14340, Ill. Cir., Cook Co., Chanc. Div.).



Justice Orders Liquidation Of 52-Year-Old Insurance Company
NEW YORK - A New York justice on Dec. 21 ord00ered an accident and health insurer that had once operated in 40 states into liquidation (In the Matter of the Application of Maria T. Vullo, Superintendent of Financial Services of the State of New York, for an order to take possession and liquidate the business and affairs of American Medical and Life Insurance Company, No. 452041/2016, N.Y. Sup., New York Co.).



Justice Orders Termination Of Insurance Insolvency Liquidation Proceeding
NEW YORK - A New York justice on Dec. 23 granted a liquidator's request and ordered the end of the liquidation proceeding of an insolvent insurer (In the Matter of the Liquidation of Long Island Insurance Company, No. 400106/11, N.Y. Sup., New York Co.).



Judge Reopens Liquidation Proceeding That Was Dismissed For Want Of Prosecution
CHICAGO - An Illinois judge on Jan. 4 reopened a liquidation proceeding that had been closed when no one from the liquidator's office had appeared at a liquidation status hearing (In the Matter of the Liquidation of the Administrative Employer Group, Inc. and The Liquidation of Employer's Consortium V, Inc., No. 07-CH-23319, Ill. Cir., Cook Co., Chancery Div.).



Judge Approves Sale Of Building Owned By Insolvent Insurer
CHICAGO - An Illinois judge on Jan. 17 approved the sale of an insolvent insurer's office building to a property company for $900,000 (In the Matter of the Rehabilitation of Millers First Insurance Company, No. 12-CH-21255, Ill. Cir., Cook Co.).



Judge Approves Payments To Settle Lawsuit And Claim Against Insolvent Insurer
MASON, Mich. - A Michigan judge on Dec. 22 approved the recommendations of the liquidator of an insolvent insurer to settle a lawsuit and claim brought against the insurer's rehabilitation estate (Patrick McPharlin, Director of the Department of Insurance and Financial Services v. Affirmative Insurance Company of Michigan, No. 15-898-CR, Mich. Cir., Ingham Co.).



Judge Allows Environmental Property Damage Claims Against Insolvent Insurer
CONCORD, N.H. - A New Hampshire judge on Dec. 20 approved the recommendation of the liquidator of an insolvent insurer, allowing an agreement with an insured under which the insolvent insurer will pay $125,000 to a company regarding asserted environmental property damage claims (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Judge OKs $140M Net Allowed Amount Recommendation For State Insurance Guarantors
HARRISBURG, Pa. - A Pennsylvania judge on Jan. 18 approved the recommendation of the liquidator of an insolvent insurer to cover the obligations of certain state insurance guaranty associations (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Judge Certifies Class In Insurer's ACA Risk-Corridor Suit
WASHINGTON, D.C. - A federal judge hearing a case over the alleged failure to pay monies owed under the Patient Protection and Affordable Care Act (ACA) risk corridor on Jan. 3 granted an insurer's class certification motion, saying the United States' lack of opposition does not waive future rights to seek decertification or subclasses as appropriate (Health Republic Insurance Co. v. The United States of America, No. 16-259, Fed. Clms.).



Judge Grants Unopposed Motion Seeking Stay Of ACA Risk-Corridor Lawsuit
WASHINGTON, D.C. - A federal judge on Dec. 14 granted an unopposed motion by the United States of America to stay proceedings challenging the government's failure to make annual payments under the Patient Protection and Affordable Care Act (ACA) risk-corridor program (Alliant Health Plans Inc. v. The United States, No. 16-1491, Fed. Clms.).



Action Seeks To Enjoin Improper Offsets, Not Money, Insurer Argues
ST. LOUIS - The government improperly submitted a claim in a bankruptcy while offsetting the same money it claims entitlement to against $130 million in debts it owes under the Patient Protection and Affordable Care Act (ACA), a now-defunct insurance company told the Eighth Circuit U.S. Court of Appeals on Dec. 12 (Nick Gerhart, et al. v. United States Department of Health and Human Services, et al., No. 16-3477, 8th Cir.).



Insurer May Pursue ACA Risk-Corridor Action, Federal Judge Says
WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA)'s risk-corridor program is a money-mandating source of law that requires annual payment, a federal judge held Jan. 10 in denying a motion to dismiss an insurer's action seeking declaratory judgment that the government owes it millions of dollars under the program (Health Republic Insurance Co. v. The United States of America, No. 16-259, Fed. Clms.).



Policyholder Committee Gives Court Its View On Restructuring Plan
HARRISBURG, Pa. - A committee representing policyholders of two insolvent insurers told a Pennsylvania court on Jan. 4 that it does not oppose the rehabilitator's plan to restructure policies but that it has reservations regarding any changes to existing claims administration procedures (In Re: Penn Treaty Network America Insurance Company in Rehabilitation and In re: American Network Insurance Company in Rehabilitation, Nos. 1 PEN 2009 & 1 ANI 2009, Pa. Cmwlth.).



Liquidator Of Insolvent Insurer Asks For Reinsurance Commutation Agreement OK
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Dec. 16 to approve a reinsurance commutation agreement that will provide an undisclosed net settlement sum to the liquidation estate (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Insolvent Insurer Makes 100 Percent Distribution To Administrative Claimants
TALLAHASSEE, Fla. - The liquidator of a Florida insurer that was rendered insolvent because of a large number of hurricanes making landfall in the state said it made a nearly $5 million distribution on Jan. 9, paying all of the administrative claims against the liquidation estate (In re Atlantic Preferred Insurance Company, No. 2006-CA-001083, Fla. Cir., 2nd Cir., Leon Co.).



Directors, Officers Policy Does Not Cover FDIC's Claims, Majority Says, Reverses
PASADENA, Calif. - A majority of the Ninth Circuit U.S. Court of Appeals on Jan. 10 found that a directors and officers liability insurance policy unambiguously excludes from coverage the Federal Deposit Insurance Corp.'s negligence, gross negligence and breach of fiduciary duty claims against a failed bank's former directors and officers, reversing and remanding a lower court (Federal Deposit Insurance Corporation, as Receiver for Security Pacific Bank v. BancInsure, Inc., No. 14-56132, 9th Cir.; 2017 U.S. App. LEXIS 452).



Special Deputy Receiver Wants Approval Of Settlement With Accounting Firm
AUSTIN, Texas - The special deputy receiver (SDR) of two insurance companies in liquidation asked a Texas court on Jan. 9 to approve a settlement agreement under which an accounting firm will pay the liquidation estate $975,000 (The State of Texas v. Austin Indemnity Lloyds Insurance Company and Austin Indemnity Management Company LLC, No. D-1-GV-08-2766, Texas, 353rd Dist., Travis Co.).



Assignee Says Lower Court Erred When It Said Statute Of Limitations Expired
CHICAGO - The assignee of certain reinsurance recoverables of an insolvent insurer contends in a Dec. 15 brief to the Seventh Circuit U.S. Court of Appeals that the statute of limitations of a breach of contract claim accrues differently when the reinsured is an insurer in liquidation (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 16-3499, 7th Cir.).



Judge OKs Settlement Between Liquidator And Asbestos Personal Injury Trust
CONCORD, N.H. - A New Hampshire judge on Dec. 12 approved a $13 million settlement agreement between the liquidator of an insolvent insurer and an asbestos personal injury trust formed under a bankrupt company's reorganization plan (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Judge Approves Sale Of Insurer In Rehabilitation
CHICAGO - An Illinois judge on Nov. 30 approved the sale of an insolvent insurer's stake in an affiliated Michigan insurer (In the Matter of the Rehabilitation of Affirmative Insurance Company, No. 15 CH 13718, Ill. Cir., Cook Co., Chanc. Div.).



Justice Terminates Liquidation Of Insolvent Insurer
NEW YORK - A New York justice on Dec. 13 ordered the closing and termination of a liquidation proceeding that was begun in 2010 (In the Matter of the Liquidation of Colonial Cooperative Insurance Company, No. 400236/10, N.Y. Super., New York Co.).



Liquidator Asks Court To Set Contingent Claim Update Deadline
SAN FRANCISCO - The liquidator of an insolvent insurer on Oct. 17 asked a California court to set a deadline for claimants to submit updated information regarding unliquidated and contingent claims (Insurance Commissioner of the State of California v. Western Employers Insurance Company, No. CPF-97-984281, Calif. Super., San Francisco Co., Civil Div.).



Liquidator Asks Court Permission To Pay Company For Environmental Damage Claim
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Nov. 21 to approve the settlement of claims relating to environmental property damage (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Court Nixes Expedited Briefing In Appeal Of ACA Risk-Corridor Nonpayment Ruling
WASHINGTON, D.C. - A federal court on Nov. 23 declined an insurer in rehabilitation's request for expedited briefing in a case alleging that the United States failed to pay it more than $72 million under the Patient Protection and Affordable Care Act (ACA) risk-corridor program (Land of Lincoln Mutual Health Insurance Co. v. The United States of America, No. 17-1224, Fed. Cir.).



Judge Approves Sale Of Rights To Possible Recoveries From ACA Litigation
CHICAGO - An Illinois judge on Dec. 2 approved an agreement under which a Patient Protection and Affordable Care Act (ACA) insurer in liquidation will sell its rights to a portion of the monies it may recover from the United States in a litigation regarding the United States' failure to make $75 million of ACA risk-corridor payments to the insolvent insurer (People of the State of Illinois, ex rel. Anne Melissa Dowling, Acting Director of Insurance of the State of Illinois v. Land of Lincoln Mutual Health Insurance Company, No. 2016CH09210, Ill. Cir., Cook Co., Chanc. Div.).



Affordable Care Act Insurer Ordered Into Liquidation
HARTFORD, Conn. - A Connecticut judge on Dec. 9 ordered the rehabilitation of a Patient Protection and Affordable Care Act (ACA) insurance provider closed and ordered the insurer into liquidation (Katharine L. Wade, Insurance Commissioner of the State of Connecticut v. HealthyCT, Inc., No. cv16-6072516, Conn. Super., Hartford Dist.).



Government Tells 8th Circuit Court Properly Denied ACA Insurer Injunction
ST. LOUIS - A Patient Protection and Affordable Care Act (ACA) nonprofit insurance company in liquidation can bring suit under the Tucker Act if it believes the government is improperly withholding funds and offsetting debts, the government argues in a Nov. 18 brief asking the Eighth Circuit U.S. Court of Appeals to affirm a judge's denial of injunctive relief (Nick Gerhart, et al. v. United States Department of Health and Human Services, et al., No. 16-3477, 8th Cir.).



Rehabilitator Asks Court To Order ACA Insurer Into Liquidation
TRENTON, N.J. - New Jersey's banking and insurance commissioner on Dec. 15 asked a state court to order an insolvent Patient Protection and Affordable Care Act (ACA) consumer-operated and oriented plan insurer's liquidation (Richard J. Badolato, Commissioner of the Department of Banking and Insurance of New Jersey v. Freelancers Consumer Operated and Oriented Program of New Jersey d/b/a Health Republic Insurance of New Jersey, No. MCR-C-000063-16, N.J. Super., Mercer Co., Chancery Div.).



Judge OKs Reinsurance-Related Settlement Agreement Involving Insolvent Insurer
CHICAGO - An Illinois judge on Dec. 5 approved a settlement agreement between the estate of an insolvent insurer and a reinsurer (In the Matter of the Rehabilitation of Triad Guaranty Insurance Corporation, No. 12-CH-43895, Ill. Cir., Cook Co.).



Judge Approves Reinsurance Commutation Agreement Upon Request Of Liquidator
CONCORD, N.H. - A New Hampshire judge on Dec. 12 approved a reinsurance commutation agreement between a reinsurer and the estate of an insurer in liquidation (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Reinsurer Says It Has No Contractual Relationship With Insolvent Insurer
NEW YORK - A reinsurer told a federal court in New York on Nov. 29 that an insolvent insurer's claims against it are baseless because a different party allegedly assumed its corporate predecessor's obligations under certain reinsurance agreements (Roger A. Sevigny, the Commissioner of Insurance of the State of New Hampshire, as Liquidator of The Home Insurance Company v. Trygvesta Forsikring A/S, as successor in interest to Skandinavia Insurance Company Ltd., No. 16-cv-04874, S.D. N.Y.).



Judge OKs Direct Reinsurance Payment In Insolvent Insurer Liquidation Proceeding
HARRISBURG, Pa. - A Pennsylvania judge on Nov. 22 approved a plan under which a reinsurer would make direct workers' compensation and employers' liability claim payments to an insured of an insolvent insurer (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Liquidator Wants Approval Of $140M In Allowed Amounts To Guaranty Associations
HARRISBURG, Pa. - The liquidator of an insolvent insurer asked a Pennsylvania court on Dec. 14 to approve the allowance of nearly $140 million in claims from various state insurance guaranty associations (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Special Deputy Receiver Wants Allegedly Interfering Court Case To Stop
AUSTIN, Texas - The special deputy receiver of a title insurer in liquidation asked a Texas court on Dec. 5 to stop certain third parties from allegedly violating an earlier injunction against the implementation or continuance of actions against the title insurer (The State of Texas v. Millennium Closing Services LLC d/b/a Millennium Title, No. D-1-GN-16-000360, Texas, 53rd Dist., Travis Co.).