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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®



 



Montana High Court Upholds Judgment Against Insurance Guaranty Association
HELENA, Mont. - A trial judge did not err in granting summary judgment to an insured employer against the Montana Insurance Guaranty Association (MIGA) based on the exclusivity provision of the Montana Workers' Compensation Act (WCA), a majority of the Montana Supreme Court affirmed June 13 (Asurion Services LLC v. Montana Insurance Guaranty Association, No.16-0581, Mont. Sup., 2017 Mont. LEXIS 339).



Panel Reverses Judgment In Favor Of Insolvent Insurer On Personal Injury Claim
BATON ROUGE, La. - A Louisiana appeals panel on June 2 reversed a judgment entered in favor of an insolvent insurer on a personal injury claim arising out of a vehicle accident involving an insured and his father; however, the panel affirmed judgment on the involuntary dismissal of property damage and bad faith claims (John Cook and Jason J. Scott v. U.S. Agencies Mgt. Services, et al., No. 2016 CA 0802, La. App., 1st Cir., 2017 La. App. Unpub. LEXIS 182).



Judge Refuses To Dismiss Insurer's Receiver's Negligence Suit Against Actuary Company
OKLAHOMA CITY - Although a California-based actuary company lacks the more-traditional contacts with a forum state, an Oklahoma federal judge on May 25 denied the company's motion to dismiss a professional negligence suit brought by an insolvent insurer's receiver because one court from "this district has already found personal jurisdiction in a similar scenario" (State of Oklahoma ex rel., John D. Doak, Insurance Commissioner, as receiver for Driver's Insurance Co. v. CTK Actuarial Services Inc., No. 17-371, W.D. Okla., 2017 U.S. Dist. LEXIS 80293).



Magistrate Judge Grants Voluntary Dismissal Of FDIC Suit Against Insolvent Insurer
FRESNO, Calif. - A California federal magistrate judge on June 8 granted the voluntary dismissal of a coverage lawsuit between the Federal Deposit Insurance Corp., as assignee of certain claims by a failed bank, and an insolvent insurer's receiver (Thomas T. Hawker, et al. v. John D. Doak, insurance commissioner as receiver for Red Rock Insurance Co. f/k/a BancInsure Inc., No. 12-1261 E.D. Calif., 2017 U.S. Dist. LEXIS 88319).



FDIC, Insolvent Insurer Seek Joint Dismissal Of Negligence Dispute
LOS ANGELES - Following an appeal that saw a reversal of summary judgment on negligence claims, the Federal Deposit Insurance Corp., as receiver for a failed bank, and an insolvent insurer on May 30 submitted to a California federal court a joint stipulation asking for dismissal of a dispute over directors and officers liability coverage (Federal Deposit Insurance Corp., as receiver for Security Pacific Bank v. BancInsure Inc., No. 12-9882, C.D. Calif.).



Judge Dismisses Insolvent Insurers' Breach Claims In Mortgage Reinsurance Suit
CHICAGO - An Illinois federal judge on June 1 dismissed breach of contract and breach of the implied covenant of good faith and fair dealing claims brought by the rehabilitator of two insolvent insurers against a mortgage insurance reinsurer and a bank (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 Corp. v. AAMBG Reinsurance Inc., No. 16-cv-07477, N.D. Ill., 2017 U.S. Dist. LEXIS 84231).



Panel Reverses Second Injury Fund's Denial Of Reimbursement Claims
COLUMBIA, S.C. - The South Carolina Court of Appeals on May 31 reversed the denial of reimbursement claims made by an insurer with the South Carolina Second Injury Fund for coverage provided for workers' compensation claims (Arrowpoint Capital Corp./Arrowood Indemnity Co. v. South Carolina Second Injury Fund v. Yuasa -Exide Inc., Nos. 2014-002215, 2014-002214 & 2014-002212, S.C. App., 2017 S.C. App. Unpub. LEXIS 258).



Insolvent Insurer Says U.S. Government Owes $157M In Affordable Care Act Funds
WASHINGTON, D.C. - Looking to recoup a solvency loan issued to an insolvent insurer under the Patient Protection and Affordable Care Act (ACA), the insurer's liquidators allege in their May 30 complaint in the U.S. Court of Federal Claims that the U.S. government improperly withheld $157 million in risk-sharing payments owed under the ACA (Doug Ommen, in his capacity as liquidator of CoOportunity Health Inc., and Dan Watkins, in his capacity as special deputy liquidator of CoOportunity Health Inc. v. The United States of America, No. 17-712, Fed. Clms.).



Judge Stays Failed ACA Insurers' Risk-Corridor Action
COLUMBIA, S.C. - Liquidators' Patient Protection and Affordable Care Act (ACA) risk-corridor suit on behalf of an insurer should be stayed to see if resolution of two other similar cases on appeal can speed resolution of the case, a federal judge held June 7 (Raymond G. Farmer, in his capacity as Liquidator of Consumers' Choice Health Insurance Company, et al. v. The United States of America, No. 17-363, Fed. Clms., 2017 U.S. Claims LEXIS 630).



8th Circuit Dismisses Appeal In Insolvent Insurer's ACA Suit Against Government
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on June 13 dismissed an appeal of a ruling that an insolvent insurer's case against the government over its handling of the Patient Protection and Affordable Care Act (ACA) risk corridor and how it offset debts properly belongs before the U.S. Court of Federal Claims (Doug Ommen, in his capacity as liquidator of CoOpportunity Health Inc.; Dan Watkins, in his capacity as special deputy liquidator of CoOpportunity Health Inc. v. U.S. Department of Health and Human Services, et al., No. 17-1662, 8th Cir.).



Insurer Tells of 'Bait-And-Switch' In ACA Risk Corridors
WASHINGTON, D.C. - The government enticed insurers to the Patient Protection and Affordable Care Act (ACA) marketplace with promises to pay them under the risk-corridor program and then flip-flopped on the deal, leaving catastrophic losses and hardship in its wake, an insurer told a federal appeals court on May 22 (Land of Lincoln Mutual Health Insurance Co. v. The United States of America, No. 17-1224, Fed. Cir.).



Law Firm Seeks Review Of Quantum Meruit Relief Ruling In Suit With Insolvent Insurer
ST. PAUL, Minn. - In a dispute over payment on work done for an insolvent insurer's liquidator, a law firm petitioned the Minnesota Supreme Court on June 5 to answer "when a contingency fee lawyer is terminated by the client, may the district court consider the contingency fee agreement as one of the factors in awarding quantum meruit relief to the discharged lawyer?" (Faricy Law Firm, P.A., v. API Inc., Asbestos Settlement Trust, No. A16-1539, Minn. Sup.).



Reinsurer Opposes Insolvent Insurer's Bid To Assert Additional $362,788 In Claims
NEW YORK - A reinsurer on June 2 filed a letter with a New York federal court opposing a request by the liquidator of The Home Insurance Co. to amend a complaint to assert additional claims for $362,787.84 in a dispute over reinsurance proceeds allegedly owed to the insurer's estate (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., Trygvesta Forsikring A/S v. Cerberus Holding Company, LLC., No. 16-cv-04874, S.D. N.Y.).



Federal Circuit Dockets Appeal Over Insolvent Insurer's Inability To Pay
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on June 8 docketed an appeal of a ruling that parents of an injured child failed to show that the U.S. government breached a settlement agreement over medical malpractice claims by failing to guarantee payment under annuities when an insurance company became insolvent (Karen L. Shaw, individually and as guardian of the person of Richard Scott Shaw, an incompetent, and Raymond A. Shaw v. The United States, No. 17-2136, Fed. Cir.).



8th Circuit Upholds Denial Of Release Of Restitution Duties To Insurer's Receiver
ST. LOUIS - In a criminal fraud case, an Arkansas trial court correctly denied, based on a lack of authority, a request by an insolvent insurer's owner to be released from any further obligations of restitution once payment of $300,000 was made to the insurer's receiver, the Eighth Circuit U.S. Court of Appeals ruled June 15 (United States of America v. Frank Whitbeck, No. 16-1720, 8th Cir., 2017 U.S. App. LEXIS 10606).



Judge Approves $32M In Guaranty Association Claims In Reliance Liquidation
HARRISBURG, Pa. - A Pennsylvania trial judge on June 7 granted a recommendation by the liquidator of Reliance Insurance Co. to approve 250 individual class (b) insurance guaranty associations (GAs) claims that were not previously submitted for approval for a total amount of $32,213,482.41 (In re: Reliance Insurance Co. in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Insolvent Insurer's Liquidator Seeks Administration Expense Approval From Court
HARRISBURG, Pa. - The liquidator of Reliance Insurance Co. applied on May 25 for approval from a Pennsylvania court of a report and recommendation on administrative expenses by state insurance guaranty associations (GA) (In re: Reliance Insurance Co. in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Judge Approves Attorney Rates In Rehabilitation Of 2 Insolvent Insurers
CHICAGO - An Illinois judge on May 4 approved a recommendation by the rehabilitator of two insolvent insurers concerning the rates per hour for retained attorney and paralegal services (People of the State of Illinois, ex rel., Jennifer Hammer, Director of the Illinois Department of Insurance v Public Service Insurance Co., an Illinois domestic stock insurance company, et al., No. 2017-CH-03790, Ill. Cir., Cook Co., Chanc. Div.).



Justice Approves $5M Settlement Of Asbestos Claims In Insurer's Liquidation
CONCORD, N.H. - A New Hampshire justice on May 22 approved a $5 million settlement between an insolvent insurer's liquidator and a manufacturer and its personal injury settlement trust with regard to asbestos bodily injury claims (In the Matter of the Liquidation of The Home Insurance Co., No. 03-E-0106, N.H. Sup., Merrimack Co.).



Trial Justice Approves $10M Settlement Of Asbestos Claims In Insurer's Liquidation
CONCORD, N.H. - A New Hampshire trial justice on May 22 approved a $10 million settlement between an insolvent insurer's liquidator and a manufacturer with regard to asbestos claims (In the Matter of the Liquidation of The Home Insurance Co., No. 03-E-0106, N.H. Sup., Merrimack Co.).



Panel Upholds Interest Date On Workers' Compensation Claim Against Insolvent Insurer
BOSTON - Interest for an employee's workers' compensation claim against an insolvent insurer starts from the date the Department of Industrial Accidents received notice of the claim resulting in the award of benefits, the Massachusetts Appeals Court affirmed May 8 (Jeffrey Comeau v. Enterprise Electronics Inc. and Eastern Casualty Insurance Co. in liquidation c/o Massachusetts Insurers Insolvency Fund, No. 2016-P-0134, Mass. App., 2017 Mass. App. LEXIS 54).



Panel: Asbestos Trust Owes Law Firm For Work On Claim To Insolvent Insurer
ST. PAUL, Minn. - A trial court erred by releasing an asbestos settlement trust of any duty to pay a law firm for work on a claim filed with an insolvent insurer despite finding that the firm performed some uncompensated work on that claim for which a promise to pay was implied, a Minnesota panel held May 8 (Faricy Law Firm, P.A., v. API Inc., Asbestos Settlement Trust, No. A16-1539, Minn. App., 2017 Minn. App. Unpub. LEXIS 421).



Insured Appeals Order On Exhaustion Claims Against Solvent, Insolvent Insurers
RICHMOND, Va. - An insured insulation company filed a notice May 2 to the Fourth Circuit U.S. Court of Appeals appealing a partial summary judgment order entered in favor of a number of solvent and insolvent insurers involved in an asbestos coverage dispute after it was determined that the insured's claims regarding the exhaustion of the insurers' policies were not timely filed (General Insurance Company of America and The Walter E. Campbell Co. Inc. v. The Continental Insurance Co., et al., No. 17-1585, 4th Cir.).



Judge Vacates 3 Demands Of Reimbursement Against CIGA For Workers' Claims
LOS ANGELES - California Insurance Guarantee Association (CIGA) is entitled to an order vacating and setting aside three reimbursement demands of $119,122 made under workers' compensation insurance policies, a California federal judge ruled May 3 (California Insurance Guarantee Association v. Thomas E. Price, Secretary of Health and Human Services, et al., No. 15-cv-01113, C.D. Calif., 2017 U.S. Dist. LEXIS 67589).



Judge: No U.S. Breach For Insolvent Insurer's Inability To Pay Annuities
WASHINGTON, D.C. - Parents of an injured child failed to show that the U.S. government breached a settlement agreement over medical malpractice claims by failing to guarantee payment under annuities when an insurance company became insolvent, a Federal Claims judge ruled March 31, granting summary judgment to the government (Karen L. Shaw, individually and as guardian of the person of Richard Scott Shaw, an incompetent, and Raymond A. Shaw v. The United States, No. 14-783C, Fed. Clms., 2017 U.S. Claims LEXIS 258).



Settlement Made In Breach Of Duty Case Over Annuities Bought From Insolvent Insurer
PORTLAND, Ore. - Plaintiffs agreed in principle on April 28 to settle their putative class action lawsuit filed in an Oregon federal court alleging that brokers breached their duty of care in purchasing structured settlement annuities from an insolvent insurer (Marie Westrope and Reggie Kelly v. Ringler Associates Inc., et al., No. 14-cv-00604, D. Ore.).



Insurers' Rehabilitator Fails To Allege Breach Of Contract Claim, Reinsurer Asserts
CHICAGO - A mortgage insurance reinsurer argues in a May 5 reply brief to an Illinois federal court that the rehabilitator of two insolvent insurers failed to assert sufficient allegations to support breach of contract and breach of the implied covenant of good faith and fair dealing claims (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 Corp. v. AAMBG Reinsurance Inc., No. 16-cv-07477, N.D. Ill.).



Panel Orders FIGA To Pay Actual Repair Costs Up To Combined Statutory Cap
LAKELAND, Fla. - On remand, a trial judge should enter a corrected judgment to show that an insured must contract for repairs within damages awarded by a jury and that the Florida Insurance Guaranty Association (FIGA) is required to pay actual repair costs to the contractors up to the combined statutory cap, a Florida appeals panel ruled May 12 (Maria Pupo v. Florida Insurance Guaranty Association, No. 2D15-3901, Fla. App., 2nd Dist., 2017 Fla. App. LEXIS 6775).



Justice Orders Briefing On Release Of Funds In Winding Down Of Risk-Sharing Plan
CONCORD, N.H. - Insureds should prepare an interlocutory transfer of ruling to address whether they may bring a limited fund class action against the excess funds the New Hampshire insurance commissioner seeks to tender in the winding down of the state's risk-sharing plan for medical malpractice insurance, a New Hampshire trial justice ordered May 2 (Georgia A. Tuttle, M.D., et al. v. New Hampshire Medical Malpractice Joint Underwriting Association and In the Matter of the Winding Down of the New Hampshire Medical Malpractice Joint Underwriting Association, No. 2015-347, N.H. Super., Merrimack Co., 2017 N.H. Super. LEXIS 10).



Rehabilitator: Allegations Support Breach Of Contract Claims Against Reinsurer
CHICAGO - The rehabilitator of two insolvent insurers argues in an April 21 brief in an Illinois federal court that there are sufficient allegations to support breach of contract and breach of the implied covenant of good faith and fair dealing claims against a mortgage insurance reinsurer (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 Corp. v. AAMBG Reinsurance Inc., No. 16-cv-07477, N.D. Ill.).



Judge Allows Law Firm Hired By Insolvent Insurer To Withdraw As Counsel
CENTRAL ISLIP, N.Y. - After an insolvent insurer's denial of coverage, a New York federal judge on April 24 granted a motion filed by a law firm appointed by the insurer to withdraw as counsel in an environmental lawsuit filed by the U.S. government (United States of America v. Estate of Lillian Wiesner, et al., No. 05-1634, E.D. N.Y., 2017 U.S. Dist. LEXIS 62078).



Justice Stays Hurricane Coverage Suit Pending Insurer's Rehabilitation
NEW YORK - A New York trial justice on May 17 stayed an insured's coverage action against its insurer over damages from Hurricane Irene pursuant to a rehabilitation order against the insurer (25 Bay Terrace Associates, L.P., v. Public Service Mutual Insurance Co., No. 150345/2013, N.Y. Sup., Richmond Co., 2017 N.Y. Misc. LEXIS 1822).



Insolvent Insurer's Insured Solely Liable For Collision, Appeals Panel Concludes
SHREVEPORT, La. - In a lawsuit against a propane gas truck driver and his insolvent insurer, a Louisiana appeals panel on May 17 affirmed partial summary judgment to a postal worker on the issue of liability because the truck driver was 100 percent at fault for a collision with the postal worker, who was free from any comparative fault (Raymond Doyle Chanler Jr. and Pamela Turner Chanler v. Jamestown Insurance Co., et al., No. 51,320-CA, La. App., 2nd Cir., 2017 La. App. LEXIS 858).



Judge Dismisses Insolvent Insurer's Owner's Case Against State Investigators
PHILADELPHIA - In dismissing a civil action brought by an insolvent insurer's owner against state regulators, a Pennsylvania federal judge found April 5 that the owner has the opportunity to present his claims in a Maryland district court or appellate court and fails to demonstrate that he is entitled to relief "to prevent a grave miscarriage of justice" (Jeffrey Cohen, personally and as sole shareholder of RB Entertainment Ventures LLC v. John Tinsley and Regulatory Insurance Services Inc., No. 16-mc-210, E.D. Pa., 2017 U.S. Dist. LEXIS 51755).



New Jersey Trial Justice Orders Auto Insurer Into Liquidation
TRENTON, N.J. - IFA Insurance Co. was ordered into liquidation by a New Jersey trial justice on May 4, and the state's insurance commissioner was appointed as liquidator of the auto insurer (Richard J. Badolato, commissioner of the Department of Banking and Insurance of New Jersey v. IFA Insurance Co., No. MER-C-20-17, N.J. Super., Mercer Co.).



Oklahoma Judge Approves Claims Evaluation In Insurer's Liquidation
OKLAHOMA CITY - An Oklahoma judge on May 5 approved the state insurance commissioner's recommendation, denying claims valued at $227,891 against Pride National Insurance Co., which is in liquidation (State of Oklahoma, ex rel. John D. Doak, insurance commissioner v. Pride National Insurance Co., No. CJ-2013-1448, Okla. Dist., Okla. Co.).



Panel Dismisses Appeal In ACA Assets Case By Insurers' Liquidators
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on March 28 dismissed an interlocutory appeal by insurers' liquidators challenging the denial of a preliminary injunction because a judge's finding of lack of jurisdiction over the suit involving the proper handling of Patient Protection and Affordable Care Act (ACA) assets moots the appeal (Nick Gerhart, et al. v. United States Department of Health and Human Services, et al., No. 16-3477, 8th Cir.).



Insurer: Government Misinterprets Law In ACA Risk-Corridor Spat
WASHINGTON, D.C. - The government attempts to muddle how its obligations form in attempting to dispel a case alleging underpayment under the Patient Protection and Affordable Care Act (ACA) risk-corridor program, an insurer told a federal judge May 15 (Health Republic Insurance Co. v. The United States of America, No. 16-259, Fed. Clms.).



United States Tells Court ACA Risk Corridor Isn't Open-Ended Liability
WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA) risk corridors are not now and were never intended to be an unlimited source of funds for covering insurers' losses, as the text and history of the law make clear, the United States told a federal appeals court on April 24 (Land of Lincoln Mutual Health Insurance Co. v. The United States of America, No. 17-1224, Fed. Cir.).



Government Says ACA Does Not Entitle Insurers To Billions In Taxpayer Funds
WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA) does not entitle insurance companies to billions of dollars in taxpayer funds, the U.S. government argues in an April 12 brief in a federal claims court, because Section 1342 of the ACA neither provides an appropriation nor authorizes the use of appropriated funds (Health Republic Insurance Co. v. The United States of America, No. 16-259, Fed. Clms.).



Insurer's Liquidator Seeks Additional $362,788 Claim Against Reinsurer
NEW YORK - In a dispute over reinsurance proceeds allegedly owed to the estate of The Home Insurance Co., the liquidator on May 11 requested a pre-motion conference in a New York federal court to address an amendment to his complaint against a reinsurer to assert an additional claim of $362,787.84 (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., Trygvesta Forsikring A/S v. Cerberus Holding Company, LLC., No. 16-cv-04874, S.D. N.Y.).



Panel Upholds Denial Of Arbitration For Insolvent Insurer's Reinsurance Contract
CHICAGO - A trial judge properly invoked collateral estoppel to deny a motion to compel arbitration filed by an assigned entity to an insolvent insurer's reinsurance contract, an Illinois appeals panel ruled March 31 (Pine Top Receivables of Illinois LLC v. Transfercom Ltd., No. 1-16-1781, Ill. App., 6th Div., 2017 Ill. App. LEXIS 196).



Panel: $1M Default Judgment Claim Must Be Considered By Insurance Guarantor
PITTSBURGH - A Pennsylvania Superior Court panel on March 21 vacated a trial court finding that a $1 million default judgment claim against the state's insurance guarantor was time-barred (James Green v. Pennsylvania Property and Casualty Insurance Guaranty Association, No. 1204 WDA 2015, Pa. Super., 2017 Pa. Super. LEXIS 185).



Government Is Not Required To Make Future Payments After Insurer's Insolvency
WASHINGTON, D.C. - While the U.S. government contracted to purchase annuities to make future, monthly and periodic lump-sum payments under a settlement agreement, the government did not guarantee that it would make the future payments in the event of an insurer's insolvency, a judge in the U.S. Court of Federal Claims held April 21 (William T. Hendrickson and Patricia Hendrickson v. The United States, No. 15-1406C, Fed. Clms, 2017 U.S. Claims LEXIS 369).



Fact Issue Exists On Waiver Of UM Coverage With Insolvent Insurer, Panel Says
NEW ORLEANS - An insured created a genuine issue of material fact regarding whether she waived uninsured/underinsured motorist (UM) coverage under an insurance policy issued by an insolvent insurer, a Louisiana appeals panel held April 5 (Brayan Orellana, et al. v. John Doe, et al., No. 2016-CA-0537, La. App., 4th Cir., 2017 La. App. LEXIS 587).



Panel: No Claim Under Passenger's UIM Policy After Driver's Insurer's Insolvency
CHICAGO - In declaring a $69,611.07 judgment against a taxi driver satisfied, a trial judge erred in finding that the taxi's occupant had a claim under his insurance policy's uninsured motorist provision when the driver's insurer became insolvent, an Illinois appeals panel held March 27, reversing and remanding for further proceedings (Roger Knouse v. Rejat Mohamednur, et al., No. 1-16-1856, Ill. App., 1st Dist., 1st Div., 2017 Ill. App. LEXIS 175).



Florida Panel Affirms Court's Refusal To Conduct New Appraisal In Wilma Suit
MIAMI - A Florida appeals panel on March 22 held that an insured's post-appraisal submission of increased costs in a Hurricane Wilma coverage dispute is not a legally sufficient basis to reopen the existing appraisal or conduct a new appraisal (Orlando Noa v. Florida Insurance Guaranty Association, No. 3D16-1367, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 3787).



Judge Remands Suit, Says Parties To Fiduciary Duty Case Are Not Diverse
FRANKFORT, Ky. - A federal judge in Kentucky on March 31 remanded a suit to state court because the parties accused of breaching their fiduciary duty to an insolvent insurer are not diverse (Jeff Gaither, Deputy Liquidator of Kentucky Health Cooperative, Inc. v. Beam Partners, LLC, et al., No. 16-cv-00094, E.D. Ky., 2017 U.S. Dist. LEXIS 48995).



Failed ACA Insurer Claims HHS Improperly Withholds Reinsurance Funds
COLUMBIA, S.C. - The government is improperly withholding payments from, and setting off debts owed by, a failed South Carolina Patient Protection and Affordable Care Act (ACA) co-operative insurer, illegally placing its own interests before those of policyholders and others entitled to priority, the insurer's liquidator allege in an April 12 federal complaint filed in South Carolina (Raymond G. Farmer, in his capacity as Liquidator of Consumbers' Choice Health Insurance Company, et al. v. The United States of America, et al., No. 17-cv-00956, D. S.C.).



Justice Seeks Objections To Referees In Liquidation Of Insolvent ACA Insurer
NEW YORK - Claimants and parties interested in the liquidation of Health Republic Insurance of New York Corp. (HRINY) should show cause for objections to the appointments of referees for the review of liquidation estate claim appeals, a New York trial justice ordered April 14 (In the matter of the liquidation of Health Republic Insurance of New York Corp., No. 450500/2016, N.Y. Sup., New York Co.).



Liquidator Of Insolvent Insurer Says Government Is Going Against Executive Order
COLUMBIA, S.C. - The liquidator of an insolvent insurer sued the United States in a federal court in South Carolina on April 12, alleging that the government's actions to recover $37 million from the insolvent insurer are wrongful and contrary to one of the president's executive orders (Raymond G. Farmer, in his capacity as Liquidator of Consumbers' Choice Health Insurance Company, et al. v. The United States of America, et al., No. 17-cv-00956, D. S.C.).



Insurers Say Their Claims In Liquidation Estate Are Not Changed By Settlement
CONCORD, N.H. - Two insurers on April 10 stated their positions in a New Hampshire court that a settlement between an insolvent insurer's liquidator and a manufacturer dealing with asbestos claims does not affect their claims against the liquidation estate (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Judge Says Special Deposit Cannot Be Used To Pay Guarantor Expenses
CHICAGO - An Illinois judge on March 22 sustained an insurance guaranty association's objection, finding that an insolvent insurer's special deposit cannot be used to pay the guaranty association's general administrative expenses (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.).



Having Been Told That Insolvent Insurer Is Without Assets, Judge Closes Estate
CHICAGO - An Illinois judge on March 31 ordered the end of the rehabilitation of a workers' compensation trust at the request of the state's director of insurance (In the Matter of the Rehabilitation of Illinois State Bowling Proprietors' & recreational Industry Workers' Compensation Trust, No. 11 CH 36870, Ill. Cir., Cook Co.).



Insurer: Georgia Insurance Guaranty Association Is Responsible For Claims
ATLANTA - An insurer asked a federal court in Georgia on Feb. 21 for oral argument on its motion for judgment on the pleadings, stating that oral argument would clarify the issues surrounding its assertions that it is not responsible for certain workers' compensation claims that it says happened in a state where it did not offer policies (Georgia Insurers Insolvency Pool v. Sussex Insurance Co., No. 16-cv-03975, N.D. Ga.).



Clerk Notifies Parties That Inaction May Cause Dismissal Of Reinsurance Case
NEW HAVEN, Conn. - The clerk of a federal court in Connecticut on April 3 notified an insurer and an insolvent reinsurer that they must explain their inaction regarding a suit or the suit will be dismissed (Select Insurance Company v. Excalibur Reinsurance Corporation, f/k/a PMA Capital Insurance Company, No. 15-cv-00715, D. Conn.).



Justice Approves Liquidator's Claim Recommendations For Insurance Guarantors
CONCORD, N.H. - A New Hampshire justice on March 9 approved the recommendations of the liquidator of an insolvent insurer regarding certain states' insurance guaranty associations' claims and partial allowances of certain reinsurance claims (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Receiver Says Insolvent Insurer Owes London-Based Reinsurers For 2013 Premium
LAS VEGAS - The receiver of an insolvent insurer reported to a Nevada court on Feb. 15 that the receivership estate does not have enough assets to fully pay claims against the estate and owes money to certain London-based reinsurers (State of Nevada, ex rel. Commissioner of Insurance, in His Official Capacity as Statutory Receiver for Delinquent Domestic Insurer v. Professional Aviation Insurance Reciprocal, a Nevada Domiciled Reciprocal Captive Insurance Company, No. A-700829-p, Nev. Cir., Clark Co.).



Liquidator Of Insolvent Insurer Reports Collection Of $17M In Reinsurance
HARRISBURG, Pa. - The liquidator of an insolvent insurer submitted her report to a Pennsylvania court on March 28, outlining $17.2 million in reinsurance collections and other details (In re: Reliance Insurance Company in Liquidation, No. 1 REL 2001, Pa. Cmwlth.).



Liquidator Reports On Recommended Allowances Of U.K.-Based Reinsurance Claims
CONCORD, N.H. - The liquidator of an insolvent insurer on March 23 reported to a New Hampshire court more than $1 million in recommended reinsurance allowances for verified losses (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Super., Merrimack Co.).



Mortgage Insurance Reinsurer Says It Did Not Violate RESPA
CHICAGO - A mortgage insurance reinsurer told a federal court in Illinois on April 5 that it is not the party responsible for disclosing information to mortgagees as required by the Real Estate Settlement Procedures Act (RESPA) (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.).



Receiver: Summary Judgment Is Not Appropriate For Excess Insurance Dispute
TALLAHASSEE, Fla. - The receiver of an insolvent insurer told a federal court in Florida on March 21 that its breach of contract suit against a directors' and officers' excess liability insurer should go to trial instead of being summarily dismissed (The Florida Department of Financial Services, as Receiver for Northern Capital Insurance Company v. Ironshore Indemnity, Inc., No. 16-cv-00259, N.D. Fla.).



Judge Denies Amendment To $105,802.85 Judgment As No Threat Of Insurer's Insolvency
MONROE, La. - Finding that an insured provided no support that there is a "real possibility" of insolvency of a State Farm Fire and Casualty Co. subsidiary, a Louisiana federal judge dismissed State Farm on April 17 from a judgment ordering payment of $105,802.85 for injuries arising out of a personal injury lawsuit (Wilbert J. Saucier Jr. v. State Farm Mutual Automobile Insurance Co., No. 14-3157, W.D. La., 2017 U.S. Dist. LEXIS 58483).



Judge Orders Preneed Funeral Insurers To Appear Regarding Proposed Injunction
AUSTIN, Texas - A Texas judge on March 20 issued an order for a pair of preneed funeral insurers to show cause why they should not be enjoined from pursuing causes of actions that allegedly belong to the liquidator of an insolvent insurer (The State of Texas v. Memorial Service Life Insurance Company, et al., No. D-1-GV-08-000945, Texas 250th Dist., Travis Co.).



Judge Orders End Of Liquidation Proceeding Of Insolvent Insurer
TALLAHASSEE, Fla. - A Florida judge on Feb. 23 approved the final claims report of an insolvent insurer and ordered the termination of the insurer's liquidation proceeding that had begun in 2011 (In Re: Southern Eagle Insurance Company, No. 2011-CA-3392, Fla. Cir., 2nd Cir., Leon Co.).



Judge Gives Go-Ahead To Liquidator Of Insolvent Insurer To Pay Guarantors
HARRISBURG, Pa. - A Pennsylvania judge on March 23 approved the final payment of obligations by an insolvent insurer to a number of states' insurance guarantors (In re: Rockwood Insurance Co., No. 1 ROC 1990, Pa. Cmwlth.).



Court Asks For Input Into Whether To Place Insolvent Insurer Into Liquidation
NEW YORK - A New York court on March 28 issued an order to show cause why a property and casualty insurer that has a large negative surplus should not be placed 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 liquidation of the business and affairs of Fiduciary Insurance Company of America, No. 703264/2017, N.Y. Sup., Queens Co.).



Justice Wants Feedback Regarding Call For Creation Of Ancillary Receivership
NEW YORK - A New York justice on April 6 issued an order to show cause, asking for input regarding the request by the head of the state's insurance regulatory body for an order creating an ancillary receivership of an insolvent California insurer (In the Matter of the Application of Maria T. Vullo, Superintendent of Financial Services of the State of New York, for an Order of Appointment as Ancillary Receiver of CastlePoint National Insurance Company, No. 153214/2017, N.Y. Sup., New York Co.).



Judge Orders Closure Of Receivership Of Insolvent Insurer, Discharges Receiver
TALLAHASSEE, Fla. - A Florida judge on March 2 ordered the closing of the receivership proceeding of an insurer that was found insolvent in 2007 (In re: The Receivership of Vanguard Fire and Casualty Company, a Florida corporation, No. 2007-CA-0186, Fla. Cir., 2nd Cir., Leon Co.).



Judge Says Conservatorship Of Insolvent Insurer Is Futile, Orders Liquidation
SAN FRANCISCO - A California judge on March 30 ordered the end of the conservatorship of an insolvent insurer and the beginning of a liquidation proceeding (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.).



Liquidator Of Insolvent Insurer Asks Court To Approve $10M Settlement
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on March 30 to approve a $10 million settlement between the liquidator and a manufacturing company that has had asbestos-related claims brought against it (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Judge Approves Allowed Amounts For Undisputed Claims In Liquidation Proceeding
HARRISBURG, Pa. - A Pennsylvania judge on March 17 approved the report and recommendations of undisputed and resolved claims submitted by the liquidator of an insolvent insurer with an approved amount of more than $230,000 (In re: Lincoln General Insurance Company In Liquidation, No. 1 LIN 2015, Pa. Cmwlth.).



Judge Approves Early Access Distributions To Insurance Guarantors
LOS ANGELES - A California judge on April 5 authorized the liquidator of an insolvent insurer to pay $5 million in early access distributions to states' insurance guaranty associations that have been paying claims brought by the insolvent insurer's policyholders (Insurance Commissioner of the State of California v. SeeChange Health Insurance Company, No. BS152302, Calif. Super., Los Angeles Co.).