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

Mealey's Insurance Insolvency

July 16, 2024
Case Management Order Issued In Hurricane Coverage Suit After Substitution Denied

BATON ROUGE, La. — A Louisiana federal judge issued a case management order docketed July 15 in a Hurricane Ida coverage dispute after a magistrate judge denied a homeowner’s motion to substitute the Louisiana Insurance Guaranty Association (LIGA) for the defendant, a homeowners insurer that assumed policies for a now-insolvent insurer, finding substitution “improper” due to a lack of evidence regarding the defendant’s obligations under the policy.
July 16, 2024
Mass. Panel Reverses Board Ruling Denying Reimbursement To Workers’ Comp Insurer

BOSTON — A Massachusetts appellate court reversed a review board’s decision upholding the denial of a now-insolvent insurer’s claim for ongoing reimbursements from the Massachusetts Workers’ Compensation Trust Fund, finding that though the insurer was in a run-off period and not assessing premiums, the exception limiting reimbursements to insurers paying assessments into the fund is inapplicable to insurers in run-off.
July 05, 2024
N.C. High Court Remands For Specific Performance Of MOU Involving Insolvent Insurers

RALEIGH, N.C. — The North Carolina Supreme Court granted parties’ joint motion to remand a case to a lower court for implementation of a “specific performance remedy” outlined in the lower court’s judgment regarding enforcement of a memorandum of understanding (MOU) between insolvent insurers, specified companies and Greg E. Lindberg, who was recently convicted on retrial of bribing the North Carolina insurance commissioner.
July 03, 2024
Constructive Trust Claims Deadline Set In Liquidation Of Vesttoo And Affiliates

WILMINGTON, Del. — In the Chapter 11 liquidation of Vesttoo Ltd. and its dozens of affiliates, a Delaware federal bankruptcy judge set a July 22 deadline for asserting constructive trust claims and overruled the liquidating trustee’s objection regarding compensation for special counsel retained by the debtors.
July 02, 2024
Appeal Over Confirmation Of Vesttoo’s Liquidation Is Voluntarily Dismissed

WILMINGTON, Del. — An appeal of the order confirming the Chapter 11 plan of liquidation for Vesttoo Ltd. and its dozens of affiliates has been voluntarily dismissed pursuant to a joint stipulation.
June 27, 2024
2nd Circuit Dismisses Bid To Overturn Revival Of Adversary Proceeding

NEW YORK — In a summary order citing a lack of appellate jurisdiction, a Second Circuit U.S. Court of Appeals panel dismissed consolidated appeals over revival of an adversary proceeding in federal bankruptcy court relating to allegations of fraudulent conveyances from a reinsurer in liquidation.
June 26, 2024
2 Stipulated Dismissals Granted In Insurer’s Suit Over Asbestos Liabilities Row

OMAHA, Neb. — Two defendants referred to as reinsurers in a suit National Indemnity Co. (NICO) filed over a $157.2 million settlement it reached with Montana regarding alleged asbestos exposures have been dismissed with prejudice under a joint stipulation that a Nebraska federal judge granted June 24.
June 25, 2024
Judge Says Removal Timely In Asbestos Coverage Suit Against Guaranty Association

NEW ORLEANS — A Louisiana federal judge on June 24 denied a motion to remand filed by a man’s family members who sued numerous parties, including the Louisiana Guaranty Association (LIGA) as the purported statutory obligor for a now-insolvent insurer, alleging that the man’s death from mesothelioma resulted from his workplace asbestos exposure, finding that removal of the case to federal court was both permissible and timely.
June 25, 2024
Liquidating Trustee Answers Insurer’s Counterclaim In Breach Of Contract Suit

CINCINNATI — A viatical settlement provider’s liquidating trustee who sued a life insurer in Ohio federal court for breach of contract, seeking reimbursement from the insurer, has filed his answers to the insurer’s counterclaim.
June 25, 2024
Breach Of Contract Case Stayed In Row Between Insurer In Rehab And Malta Company

RALEIGH, N.C. — A North Carolina federal court granted an insurer in rehabilitation’s motion to stay the breach of contract case it filed against a Malta-based company for the company’s failure to make payments on a loan, staying the case until cross-motions for summary judgment are resolved in a related pending consolidated case.
June 25, 2024
Mold Inspector Files Notice Of Dismissal In Suit Against Guaranty Association

DELAND, Fla. — A mold inspection company, as an assignee of insureds, filed a notice of voluntary dismissal in a Florida state court in the company’s breach of contract suit against the Florida Insurance Guaranty Association (FIGA), a servicer of claims against a homeowners insurer ordered into receivership.
June 21, 2024
TRO Extended In RICO, Fraud Suit Involving Reinsurer’s Parent Company

NEW YORK — A New York federal judge has extended a temporary restraining order (TRO) entered against the parent company of Bermuda reinsurer 777 Re Ltd. and other defendants in a fraud and racketeering lawsuit over a secured credit facility and related guaranty agreement.
June 20, 2024
Insurer In Rehab Gets Stay In Breach Of Contract Suit Against Investment Firm

RALEIGH, N.C. — A North Carolina federal court granted an insurer in rehabilitation’s motion to stay the breach of contract case it filed against a Malta-based investment firm for the firm’s purported failure to make payments on a loan, staying the case until cross-motions for summary judgment are resolved in a related pending consolidated case.
June 19, 2024
N.C. High Court Extends Brief Deadline In Insurer’s Bid To Enforce $524M Judgment

RALEIGH, N.C. — Without providing reasoning, the North Carolina Supreme Court on June 18 ordered that an insurer be “allowed” an extension to file its brief in the insurer’s suit seeking enforcement of a $524,009,051.26 judgment against Greg E. Lindberg, the founder of a multinational investment company who was recently convicted by a federal jury of a scheme to bribe North Carolina’s insurance commissioner.
June 18, 2024
Procedural Proposals In Reinsurer’s Liquidation Draw Numerous Objections

WILMINGTON, Del. — A receiver’s procedural proposals for the liquidation of a life and health reinsurer have drawn numerous objections in the Delaware Chancery Court, with nonparty American Council of Life Insurers (ACLI) arguing that two of the procedures “would violate Delaware law, set a profoundly adverse and conflicting precedent, and further unduly harm ACLI’s members and the insurance marketplace.”
June 18, 2024
Firms Accused Of Participation In $1B RICO Insurance Fraud Scheme Seek Dismissal

RALEIGH, N.C. —Malta-based investment firms Standard Advisory Services Ltd. and Standard Financial Ltd. moved in North Carolina federal court to join other defendants’ motion for partial dismissal of the complaint related to the defendants’ alleged participation in a $1 billion Racketeer Influenced and Corrupt Organizations Act (RICO) scheme to defraud now-insolvent insurers and their policyholders by using policyholder money to purchase noninsurance companies and to divert policyholder money.
June 18, 2024
Stay Issued In Insurer’s Breach Of Contract Suit Against Wealth Management Firm

RALEIGH, N.C. — Finding “good cause,” a North Carolina federal judge on June 17 stayed a breach of contract suit filed by a now-insolvent insurer against a wealth management company alleged to have violated a loan agreement, staying the case until the resolution of cross-motions for summary judgment in a pending related consolidated case.
June 18, 2024
Guaranty Association Files Brief In Support Of Judgment In MSP Suit Against CMS

RALEIGH, N.C. — The North Carolina Insurance Guaranty Association (NCIGA) filed a brief in North Carolina federal court supporting its motion for summary judgment in its suit against the U.S. Department of Health and Human Services (DHHS), its secretary and the Centers for Medicare and Medicaid Services (CMS), seeking a determination that the NCIGA is not a primary plan under the federal Medicare Secondary Payer (MSP) statute and, therefore, not obligated to reimburse CMS regarding a workers’ compensation claim involving an insolvent insurer.
June 12, 2024
TPA Spat Arises In Liquidation; Receiver Proposes Dispute Procedures

WILMINGTON, Del. — A dispute over third-party administrator (TPA) services has arisen in the liquidation of life and health reinsurer Scottish Re (U.S.) Inc. (SRUS), with the longtime TPA asking the Delaware Chancery Court to confirm termination of the relevant agreement and the receiver seeking a determination of contempt against that TPA.
June 10, 2024
4th Circuit Affirms Dismissal Of Suit Against Former Owner Of Insolvent Insurers

RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on June 7 affirmed dismissal of a fraudulent concealment suit by a call center company against a holding company and its owner, Greg E. Lindberg, who also previously owned now-insolvent insurers and was convicted of bribery in an unrelated action, finding that the call center company failed to allege that Lindberg’s holding company knew about his unlawful conduct.
June 10, 2024
Seniors Sue Wells Fargo For Fraud In $300M Ponzi Scheme Involving Insurers

MIAMI — Two seniors filed a putative class action against Wells Fargo in a Florida federal court for its role in allegedly aiding and abetting fraud in a “massive” Ponzi scheme purportedly orchestrated by owners of insurers, some of whom are now in receivership, resulting in elderly investor victims losing more than $300 million after scheme operators sold them promissory notes secured by collateral in stranger-oriented life insurance policies (STOLIs).
June 06, 2024
Panel Affirms Order Requiring Guaranty Association To Make $37K Settlement Payment

WEST PALM BEACH, Fla. — Without providing an explanation, a Florida appellate court affirmed a lower court order granting homeowners’ motion to enforce a $37,500 settlement in a hurricane damage dispute with the Florida Insurance Guaranty Association (FIGA), which was substituted as a defendant after the homeowners insurer was ordered into liquidation.
June 05, 2024
Hurricane Coverage Row Tossed After Insured Fails To Refute Lack Of Coverage

LAKE CHARLES, La. — A Louisiana federal judge granted summary judgment to the Louisiana Insurance Guaranty Association (LIGA) as successor to a now-insolvent insurer and dismissed with prejudice a homeowner’s breach of contract and bad faith hurricane coverage dispute, finding that the insured failed to refute evidence that his home was not insured by the insurer on the dates of purported loss.
May 31, 2024
Emergency Relief Disputed In RICO, Fraud Suit Involving Reinsurer’s Parent Company

NEW YORK — In a May 30 reply brief in a fraud and racketeering lawsuit over a secured credit facility and related guaranty agreement, plaintiffs urge a New York federal court to order certain defendants — including the parent company of Bermuda reinsurer 777 Re Ltd. — “into receivership or freeze their assets.”
May 30, 2024
Founder, Consultant Seek Acquittal Or 3rd Trial After Bribery Reconviction

STATESVILLE, N.C. — Following a retrial at which a federal jury in North Carolina again convicted an insurance and reinsurance management company’s founder and a consultant on bribery and another criminal count, the defendants on May 29 asked the court for a judgment of acquittal or a second retrial, arguing “insufficient evidence of a prohibited quo” and “instructional and evidentiary errors.”