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Preview: LexisNexis® Mealey's™ Insurance Insolvency Legal News

LexisNexis® Mealey's™ Insurance Insolvency Legal News



Headline Insurance Insolvency Legal News from LexisNexis®



 



Judge Authorizes Liquidator To Enter Agreements With Insurance Guarantors
CHICAGO - An Illinois judge on Oct. 18 approved a plan under which the liquidator of an insolvent Patient Protection and Affordable Care Act marketplace insurer would enter into agreements allowing distribution of assets of the insurer's estate to various states' insurance guaranty associations (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.).



Judge: Special Deputy Liquidator May Distribute $4.6M To Guaranty Associations
AUSTIN, Texas - A Texas judge on Oct. 19 authorized the special deputy receiver (SDR) of a Texas insurer in liquidation the authority to distribute $4.6 million of liquidation estate assets to the insurance guaranty associations from 29 states (The State of Texas v. Gramercy Insurance Co., No. D-GV-12-001713, Texas Dist., Travis Co.).



Judge Will Not Order Lift Of Stay Enjoining Litigation Against Insolvent Insurer
AUSTIN, Texas - A Texas judge on Nov. 10 denied a creditor's motion to lift an automatic stay of litigation involving an insolvent insurer in liquidation (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.).



Judge Orders End Of Receivership Of Insolvent Insurer
TALLAHASSEE, Fla. - A Florida judge on Oct. 31 ordered the termination of the receivership of an insolvent insurer that had begun in 1992 (In Re: The Receivership of Insurance Company of Florida, No. 1992-CA-005286, Fla. Cir., 2nd Cir., Leon Co.).



Judge Approves 1-Year Extension Of Contingent Claim Deadline
CHICAGO - An Illinois judge on Oct. 31 approved a one-year extension of the date on which claims can be made against a liquidation estate for insureds of an insolvent insurer that can prove that they had claims pending on the date the insurer was placed into liquidation (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.).



Judge Approves Settlement Agreement Submitted By Receiver Of Insolvent Insurers
AUSTIN, Texas - A Texas judge on Oct. 19 approved a settlement agreement between certain parties and the estate of two insolvent insurers, thus following the recommendation of a court-appointed master (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.).



Florida Judge Orders Closure Of Liquidation Proceedings
TALLAHASSEE, Fla. - A Florida judge on Nov. 2 granted the motion of the receiver of an insolvent insurer in liquidation to terminate the liquidation proceeding and transfer nearly $3 million in unclaimed funds to states' unclaimed property departments (In RE: The Receivership of MD Medicare Choice, Inc., a Florida Health Maintenance Organization, No. 2008-CA-3191, Fla. Cir., 2nd Cir., Leon Co.).



Justice Asks For Input On Proposed Closure Of Liquidation Proceeding
NEW YORK - A New York justice on Nov. 14 asked that all interested parties offer input regarding whether the justice should issue an order terminating a six-year-old liquidation of an insolvent insurer (In the Matter of the Liquidation of Long Island Insurance Company, No. 400106/11, N.Y. Super., New York Co.).



Judge Allows Liquidator To Pay Claim For Unearned Premium
CHICAGO - An Illinois judge on Nov. 1 approved the request of the liquidator of an insolvent insurer to be allowed to pay a portion of a timely filed claim for unearned premium (In the matter of the liquidation of Legion Indemnity Co., No. 02 CH 06695, Ill. Cir., Cook Co., Chanc. Div.).



Judge Orders Termination Of Liquidation Proceeding
TALLAHASSEE, Fla. - A Florida judge on Nov. 4 ordered the closing of a liquidation proceeding that had originally opened in 2000 (In re: The Receivership of Caduceus Self Insurance Fund, Inc., No. 2000-CA-000004, Fla. Cir., 2nd Cir., Leon Co.).



Insurers Say Settlement Between Liquidator And Insured Has No Effect On Them
CONCORD, N.H. - Two insurers told a New Hampshire court on Nov. 1 that the proposed settlement between the liquidator of an insolvent insurer and a shared insured does not change anything regarding the insurers' relationship with their insured or the insolvent insurer (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Vermont Judge Orders Rehabilitation Of Risk Retention Group
MONTPELIER, Vt. - A Vermont judge on Oct. 7 ordered a risk retention group into rehabilitation and appointed the state's financial regulation commissioner as rehabilitator (Commissioner of the Department of Financial Regulation v. Doctors and Surgeons National Risk Retention Group IC, Inc., No. 559-9-16, Vt. Super., Washington Co.).



Affordable Care Act Insurer Put Into Rehabilitation
HARTFORD, Conn. - A Connecticut judge on Nov. 1 ordered a Patient Protection and Affordable Care Act (ACA) insurance provider into rehabilitation, noting that the insurer's board had consented to the order (Katharine L. Wade, Insurance Commissioner of the State of Connecticut v. HealthyCT, Inc., No. cv16-6072516, Conn. Super., Hartford Dist.).



Liquidator Asks For OK To Have Reinsurer Make Direct Payments To Insured
HARRISBURG, Pa. - The liquidator of an insolvent insurer asked a Pennsylvania court on Nov. 3 to approve a plan by which a reinsurer will make direct payments of workers' compensation and employers' liability claims to an insured, thus relieving the insolvent insurer of its obligations to the insured (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Liquidator Asks Court To Approve Settlement Of Asbestos Claims
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Nov. 21 to approve a $13.8 million settlement agreement with a bankrupt company's asbestos personal injury trust (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Panel: Lower Court Abused Discretion By Dismissing Claims Over Discovery Issues
AUSTIN, Texas - The Third District Texas Court of Appeals on Oct. 13 reversed and remanded a lower court decision dismissing the claims of a woman who was involved in an auto accident against a woman insured by an insolvent insurer, finding that the lower court had abused its discretion by dismissing the claims based on a discovery noncompliance (Crystal Bingham Hernandez v. Tiffany Polley, No. 03-15-00384-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 11116).



Florida Supreme Court Affirms Panel's Reversal Of $130,600 Appraisal Award
TALLAHASSEE, Fla. - The Florida Supreme Court on Oct. 20 held that insureds' claim for sinkhole damage is governed by the definition of "covered claim'" in Section 631.54(3), Florida Statutes, that was effective May 17, 2011, affirming an appeals court's reversal of a lower court's order confirming a $130,600 appraisal award against the Florida Insurance Guaranty Association (FIGA) (Leandro de la Fuente, et al. v. FIGA, No. SC15-519, Fla. Sup.).



Judge Approves $17 Million Distribution From Insolvent California Insurers
LOS ANGELES - A California judge on Oct. 18 granted the liquidator of a group of insolvent insurers' application to distribute more than $17 million to certain states' insurance guaranty associations (Insurance Commissioner of the State of California v. Superior National Insurance Company, No. BS061974, Calif. Super., Los Angeles Co.).



Judge OKs Conservation And Liquidation Plan, Says OK Is Not Liquidation Order
SAN FRANCISCO - A California judge on Sept. 13 approved the conservation and liquidation plan for a property and casualty insurer presented by the state's insurance commissioner (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.).



Judge Approves Liquidator's Claim Recommendations Totaling More Than $8 Million
HARRISBURG, Pa. - A Pennsylvania judge on Sept. 27 approved the recommendation of a liquidator of an insolvent insurer regarding $8,159,577.46 in directors and officers, professional and general liability claims (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Judge Says ACA Insurer Is Insolvent, Orders Liquidation
CHICAGO - An Illinois judge on Sept. 29 ordered the liquidation of an insolvent Patient Protection and Affordable Care Act (ACA) marketplace insurer and terminated a previously ordered rehabilitation (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.).



Judge Says Asbestos Trust Should Not Be Forced To Fund Litigation Against Itself
CONCORD, N.H. - A New Hampshire judge on Sept. 23 ruled that the liquidator of an insolvent insurer cannot deduct what is owed to an asbestos settlement trust from money the liquidator pays for the legal expenses of California's insurance guarantor in a suit against the asbestos trust (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Missouri Judge Ends Insurer's Insolvency Proceeding Started In 1999
CHICAGO - A Missouri judge on Oct. 6 discharged an insolvent insurer's receiver and special deputy liquidator, closing the insurer's liquidation proceedings (John M. Huff, Director, Department of Insurance, Financial Institutions and Professional Registration, State of Missouri v. General American Mutual Holding Company, a Missouri Mutual Holding Company, No. 99-cv-32350, Mo. Cir., Cole Co.).



Permanent Receiver Asks Court For Permission To End Liquidation Proceeding
CARSON CITY, Nev. - The receiver of an insurer in liquidation asked a Nevada court on Oct. 7 to allow her to close the liquidation proceeding because there are no funds available to pay any remaining claims (State of Nevada, ex rel. Commissioner of Insurance, in Her Official Capacity as Statutory Receiver for Delinquent Domestic Insurer v. Physicians Benefit Resources Risk Retention Group, Inc., a Nevada Domiciled Association Captive Insurance Company, No. 12 OC 00114 1B, Nev. 1st Dist., Carson City).



Government Asks Judge To Dismiss Illinois Insurer's ACA Challenge
WASHINGTON, D.C. - Because an Illinois insurer may yet receive all of the monies it is due under the Patient Protection and Affordable Care Act (ACA)'s risk corridor program, its suit seeking to recover those funds is premature and improperly before the court, the government told a federal judge on Sept. 23 in seeking dismissal or judgment on the record (Land of Lincoln Mutual Health Insurance Co. v. The United States of America, No. 16-744C, Fed. Clms.).



Judge Puts New Jersey ACA Insurer Into Rehabilitation
TRENTON, N.J. - A New Jersey judge on Oct. 19 ordered a Patient Protection and Affordable Care Act (ACA) Consumer Operated and Oriented Plan into rehabilitation and deemed the insurer insolvent (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 Orders Contractor To Pay Insurer In Liquidation Under Indemnity Agreement
HOUSTON - A federal judge in Texas on Sept. 28 found that a contractor and others that had agreed to indemnify an insurer in liquidation were liable to indemnify the insurer for more than $500,000 of losses the insurer paid when the contractor could not to meet its obligations on a brine storage pond project (Castlepoint National Insurance Company v. Addicks Services, Inc., et al., No. 15-cv-00462, S.D. Texas; 2016 U.S. Dist. LEXIS 134761).



Judge Approves Agreement Between Insolvent Insurer And Bankrupt Department Store
CHICAGO - An Illinois judge on Oct. 17 approved an agreement by which an insolvent insurer and a department store chain in bankruptcy drop their claims against each other in exchange for sharing the funds held in a nearly $9 million trust account (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.).



Reinsurer Challenges Lack Of Specifics In Complaint Filed By Insolvent Reinsured
NEW YORK - A reinsurer told a federal court in New York on Sept. 28 that it is contemplating moving for dismissal of a complaint that it describes as "a bare notice pleading" (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 Says $100,000 Lead- Related Injury Claims Payment Is Fair, Reasonable
CONCORD, N.H. - The liquidator of an insolvent insurer on Sept. 15 asked a New Hampshire judge to approve his recommendation of a $100,000 settlement of lead-related personal injury and property damage claims (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Judge Approves Disallowance Of Claims In Insurance Insolvency Proceeding
AUSTIN, Texas - A Texas judge on Sept. 30 granted an application to disallow a number of claims made to an insolvent insurer because the claimant did not prove that it was an alter ego of an approved medical supplier (State of Texas v. Highlands Insurance Company, No. D-1-GV-03-004537, Texas, 53rd Dist., Travis Co.).



Liquidator Says $34M Settlement Of Asbestos Claims Is Fair And Reasonable
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Oct. 21 to approve his recommendation that the liquidation estate settle certain asbestos bodily injury related claims for $34 million (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Mortgage Insurance Reinsurer Says Claims By Rehabilitator Are Without Merit
CHICAGO - A mortgage insurance reinsurer argues in an Aug. 31 brief in a federal court in Illinois that breach of contract claims against it filed by the rehabilitator of two insolvent insurers are without merit (People of the State of Illinois, ex rel., Anne Melissa Dowling, Acting Director of Insurance of the State of Illinois, as Rehabilitator for Triad Guaranty Insurance Corporation and Triad Guaranty Assurance Corporation v. AAMBG Reinsurance Inc., No. 16-cv-07477, N.D. Ill.).



Liquidator Asks Court To Approve Reinsurance Commutation Agreement
CHICAGO - The liquidator of an insolvent insurer asked a New Hampshire court on Oct. 19 to approve a reinsurance commutation agreement, settling claims regarding reinsurance agreements issued in the 1970s and 1980s (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Assignee Tells Court It Is Appealing Denial Of Motion To Amend Complaint
NEW YORK - The assignee of certain reinsurance recoverables of an insolvent insurer told a federal court in Illinois on Sept. 22 that it is appealing to the Seventh Circuit U.S. Court of Appeals the court's holding that the assignee had not shown that leave to amend its complaint should be granted after a motion for summary judgment had been decided (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.).



Panel: Lower Court Was Too Harsh In Dismissing Claims Over Discovery Issues
AUSTIN, Texas - The Third District Texas Court of Appeals on Aug. 30 reversed and remanded a lower court decision dismissing the claims of a woman who was involved in an auto accident against a woman insured by an insolvent insurer, finding that the lower court had abused its discretion by dismissing the claims based on a discovery noncompliance (Crystal Bingham Hernandez v. Tiffany Polley, No. 03-15-00384-CV, Texas App., 3rd Dist.; 2016 Tex. App. LEXIS 9526).



Judge Orders Liquidation Of Risk Retention Group
HELENA, Mont. - A Montana judge on Aug. 8 ordered the commencement of a liquidation proceeding of an insurance risk retention group with the consent of the directors of the group (In the Matter of the Liquidation of CareConcepts Insurance, Inc., A Risk Retention Group, No. ADV 2016-640, Mont. 1st Jud. Dist., Lewis and Clark Co.).



Liquidator Asks Court To Approve $7 Million Asbestos Claims Settlement
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Aug. 23 to approve a settlement agreement regarding asbestos claims under a number of policies issued in the 1970s and 1980s (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Federal Government Says Insurance Guarantor's Case Against It Is Moot
LOS ANGELES - The United States told a federal court in California on Sept. 12 that California's insurance guarantor's case against the government should be dismissed as moot now that the United States has withdrawn its demand for reimbursement of certain workers' compensation payments (California Insurance Guarantee Association v. Sylvia Mathews Burwell, et al., No. 15-cv-1113, C.D. Calif.).



Judge Sets Late Claims Filing Deadline In Insurance Insolvency Case
AUSTIN, Texas - A Texas judge on Sept. 1 ordered a late claims filing deadline for claims against the estate of two insurers in rehabilitation (State of Texas v. Universal Insurance Exchange, et al., No. D-Q-GV-06-000119, Texas, 345th Dist., Travis Co.).



Commissioner Says New Jersey ACA Co-Op Needs To Be Placed Into Rehabilitation
TRENTON, N.J. - New Jersey's insurance commissioner on Sept. 12 asked a state court to declare a Patient Protection and Affordable Care Act (ACA) Consumer Operated and Oriented Plan (Co-Op) provider insolvent (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.).



Insolvency Fund, Bank Argue Over Attempt To Recoup Workers' Compensation Money
BOSTON - The Massachusetts Insurers Insolvency Fund and a bank argued before the state's high court during oral arguments on Sept. 8 whether the fund can recover from the bank money paid to a bank employee after the bank's workers' compensation insurer was deemed insolvent (Massachusetts Insurers Insolvency Fund v. Berkshire Bank, No. SJC-12019, Mass. Sup.).



Judge Approves Payment Of Administrative Expenses To Insurance Guarantors
HARRISBURG, Pa. - A Pennsylvania judge on Aug. 23 approved the payment of nearly $6 million of administrative expenses by the insolvent Reliance Insurance Co. to the insurance guaranty associations of Oregon and Louisiana (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Special Deputy Liquidator Wants To Distribute $4.6M To Guaranty Associations
AUSTIN, Texas - The special deputy receiver (SDR) of a Texas insurer in liquidation on Sept. 6 asked a Texas court to grant it the authority to distribute $4.6 million of liquidation estate assets to the insurance guaranty associations from 29 states (The State of Texas v. Gramercy Insurance Co., No. D-GV-12-001713, Texas Dist., Travis Co.).



Government, Insurer Spar Over Lack Of ACA Risk Corridor Payments
WASHINGTON, D.C. - An insurer on Aug. 15 defended the ripeness of claims arising from the failure to pay monies owed under the Patient Protection and Affordable Care Act (ACA) to a federal judge, saying the government's recent change in interpreting when the monies are due does not negate its case (Health Republic Insurance Co. v. The United States of America, No. 16-259, Fed. Clms.).



CMS Promises ACA Insurers Full Payment On Risk Corridor Obligations
WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA) risk corridor program debts are U.S. government obligations requiring full payment, the Centers for Medicare and Medicaid Services (CMS) said in a Sept. 9 letter addressing insurer concerns about timely and adequate transfers under the program.



Judge Orders 182-Day Stay Of Litigation Against Insurers In Rehabilitation
HARRISBURG, Pa. - A Pennsylvania judge on Aug. 24 extended the stay of litigation against two insurers in rehabilitation until February 2017 (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.).



Texas Judge Approves $28,500 Settlement Between Insolvent Insurer And Homeowner
AUSTIN, Texas - A Texas judge on Aug. 5 approved a settlement of a homeowner's claim regarding a house fire with the receivership estate of 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.).



Rehabilitator: Insurers In Rehabilitation Are Owed Funds In Reinsurance Trust
CHICAGO - A mortgage insurance reinsurer on Aug. 17 removed to a federal court in Illinois a case in which the rehabilitator of two insurers alleges that the reinsurer violated the Real Estate Settlement Procedures Act (RESPA) with alleged kickbacks to certain captive mortgage lenders affiliated with the reinsurer (People of the State of Illinois, ex rel., Acting Director of Insurance, Anne Melissa Dowling v. HMC Reinsurance Company, a Vermont Corporation, No. 16-cv-08156, N.D. Ill.).



Liquidator Recommends Payment Allowance Of $12.7 Million In Reinsurance Claims
CONCORD, N.H. - The liquidator of the Home Insurance Co. filed a report and recommendation with a New Hampshire court on Aug. 18, outlining recommendations that include nearly $13 million in reinsurance payments (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



7th Circuit Affirms Lower Court Order Remanding Reinsurance Case
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Sept. 1 affirmed a remand order from a lower court, noting that the reinsurance agreements at issue in the case have service of suit clauses that leave forum selection up to the reinsured (Pine Top Receivables of Illinois, LLC v. Transfercom, Ltd., No. 16-1073, 7th Cir.; 2016 U.S. App. LEXIS 16225).



Conservator Explains Status Of Cut-Through Reinsurance Endorsements
SAN FRANCISCO - The conservator of a property casualty insurer responded in a California court on Sept. 6 to certain objectors to his conservatorship plan and explained how cut through reinsurance endorsements would be handled in the plan (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).



Judge Says Motion To Amend Complaint Comes Too Late
NEW YORK - A federal judge in Illinois on Aug. 30 denied a motion to amend a complaint filed by an assignee of certain reinsurance recoverables of an insolvent insurer, holding that the assignee had not shown that leave to amend should be given after a motion for summary judgment had been decided (Pine Top Receivables of Illinois, LLC v. Banco De Seguros Del Estado, No. 12-cv-06357, N.D. Ill.; 2016 U.S. Dist. LEXIS 116181).



Special Deputy Receiver Reports Quarterly Status Of Liquidation Estate
AUSTIN, Texas - The special deputy receiver (SDR) of an insolvent insurer reported to a Texas court on Sept. 15 the financial status of the liquidation estate and outlined details of reinsurance recoverables and recoveries (The State of Texas v. San Antonio Indemnity Company, No. D-1-GV-13-001153, Texas, 201st Dist., Travis Co.).