Mealey's Insurance Insolvency

  • July 09, 2026

    Scottish Re Receiver Seeks Declaratory Relief On Insurer’s $63.3M Claim

    WILMINGTON, Del. — The receiver for Scottish Re (U.S.) Inc. (SRUS), a life reinsurer in liquidation, cross-moved in the Delaware Chancery Court for declaratory relief concerning an insurer’s asserted right to $63.3 million in trust funds, arguing that a trust agreement between SRUS and the insurer terminated in 2023 and left the funds as unencumbered assets of the liquidation estate.

  • July 08, 2026

    Appeals Court Won’t Refer Homeowner’s Attorney Fee Dispute With FIGA To Mediation

    DAYTONA BEACH, Fla. — A Florida appellate court on July 7 issued an order declining to refer to mediation the Florida Insurance Guaranty Association’s (FIGA) appeal of a lower court final judgment awarding $34,340 in attorney fees and $6,306.45 in costs in favor of a homeowner and against FIGA in a dispute over coverage for wind, water and hail damages, finding that the “appeal is not appropriate for mediation.”

  • July 07, 2026

    Judge: Lack Of Meaningful Comparators Dooms ERISA Suit Over Stable Value Fund

    MILWAUKEE — Concluding that a plaintiff who challenged the decision to keep an allegedly underperforming stable value fund (SVF) in a retirement plan failed to state his claims because the comparators he proposed were not “meaningful benchmarks,” a Wisconsin federal judge dismissed the putative class case with prejudice; among other things, the judge said that “the potential insolvency of one out of ten wrap providers is insufficient to render the Fidelty SVF an imprudent choice.”

  • July 07, 2026

    Panel Reverses Denial Of Exception Of Prescription In Hurricane Coverage Dispute

    GRETNA, La.  — A Louisiana appellate court reversed a lower court’s judgment overruling the defendants’ exception of prescription and remanded the case to the lower court in homeowners’ dispute with a demolition company that is related to remediation work connected to a hurricane claim involving the Louisiana Insurance Guaranty Association (LIGA), finding that the lower court “should apply the three-year prescriptive period applicable to open accounts” because the work authorization did not include a fixed price.

  • July 02, 2026

    La. Panel Affirms Judgment Requiring Reimbursement Of $247,928.35 To LIGA

    LAKE CHARLES, La. — In cases consolidated on appeal, a Louisiana appellate court affirmed a workers’ compensation judge’s judgment in favor of the Louisiana Insurance Guaranty Association (LIGA) that awarded $247,928.35 in reimbursement against the borrowing employer of a travel nurse claiming workers’ compensation benefits for an injury at the borrowing employer’s hospital, finding that the hospital, which is self-insured, is “ultimately responsible for paying the claim” and that LIGA, “the payor of last resort, is entitled to full reimbursement” from the self-insured hospital.

  • July 01, 2026

    Insurer Seeks Access To $63.3M Trust Funds In Scottish Re Liquidation

    WILMINGTON, Del. — A life and health insurer moved in the Delaware Chancery Court for an order lifting portions of an injunction entered in the liquidation of Scottish Re (U.S.) Inc. (SRUS), seeking access to $63,381,936 held in a trust that the insurer says secures undisputed, unpaid claims owed by SRUS, which was placed into rehabilitation in March 2019.

  • June 24, 2026

    Homeowners Seek Information From FIGA Experts In Hurricane Coverage Dispute

    SARASOTA, Fla. — In a Florida state court breach of contract suit over purported damage caused by Hurricane Ian, homeowners on June 23 filed an expert request for production to the Florida Insurance Guaranty Association (FIGA), seeking, among other things, documents and reports reviewed by FIGA expert witnesses.

  • June 23, 2026

    Dismissal Denied In Hurricane Coverage Row With LIGA After Insurer’s Insolvency

    NEW ORLEANS — A Louisiana federal judge denied the Louisiana Insurance Guaranty Association’s (LIGA’s) motion to dismiss a bad faith, breach of contract and negligent claims adjusting suit filed by a homeowner alleging that his now-insolvent homeowners insurer failed to pay for damages caused by Hurricane Zeta, finding that because the homeowner filed suit against the insurer within two years of the loss, which interrupted the prescriptive period as to LIGA, the suit was timely filed.

  • June 23, 2026

    Panel Affirms Contents Loss Award Exceeding $99K In Hurricane Ida Coverage Dispute

    BATON ROUGE, La. — A Louisiana appellate court affirmed a lower court’s award of more than $99,000 for personal property loss in a dispute between homeowners and the Louisiana Insurance Guaranty Association (LIGA) over coverage related to Hurricane Ida, finding that the lower court’s personal property loss award “is reasonably supported by the record.”

  • June 22, 2026

    Guaranty Association Granted Leave To Intervene In Hurricane Ida Coverage Row

    NEW ORLEANS — A Louisiana federal judge granted in part the Louisiana Insurance Guaranty Association’s (LIGA) motion for leave to intervene and to dismiss in a hurricane coverage dispute between homeowners and their now-insolvent homeowners insurer, finding that while LIGA established that it had a statutory right to intervene, the request for dismissal was denied for lack of subject matter jurisdiction because the homeowners and LIGA are all citizens of Louisiana, which destroys complete diversity.

  • June 22, 2026

    Florida Panel: Court Erred In Ordering FIGA To Pay $10,507 To Insureds’ Attorneys

    WEST PALM BEACH, Fla. — A Florida appellate court panel held that a lower court erred in mandating the Florida Insurance Guaranty Association to pay $10,507.90 to insureds’ law firm as part of a settlement between the insureds and their insolvent insurer in a Hurricane Irma coverage dispute, reversing the lower court’s decision.

  • June 17, 2026

    Mandamus Denied By 4th Circuit In Row Over Insurer’s Entitlement To Restitution

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals denied a petition for writ of mandamus filed by insolvency practitioners representing a bankrupt Dutch insurance company seeking to vacate a lower court’s preliminary restitution order and judgment regarding former insurance mogul Greg Lindberg, who was sentenced to a 12-year prison term in a money laundering conspiracy case related to his $2 billion scheme to defraud insurers and policyholders and for his conviction on retrial in a separate case for attempting to bribe the North Carolina insurance commissioner.

  • June 11, 2026

    Louisiana Panel Affirms Dismissal Of Hotel’s Hurricane Francine Coverage Dispute

    BATON ROUGE, La. — A Louisiana appeals panel held that an insurer of last resort has no duty to provide coverage for a hotel’s property damage caused by Hurricane Francine because the insured failed to timely pay the policy premium, affirming the lower court’s grant of summary judgment in favor of the insurer in the insured’s breach of contract and bad faith lawsuit.

  • June 10, 2026

    Annuitant Files Class Suit Against Investment Adviser Over ‘Risky’ Annuities

    SAN DIEGO — An annuitant filed a putative class action suit in California federal court claiming that an investment adviser profited from “risky” insurance and annuity products issued by The Phoenix Companies Inc., now known as PHL Variable Insurance Co., which is in rehabilitation, alleging that the adviser knew of the financial risk posed by the insurer but “chose to keep silent so it could hide its breaches of trust and failure to disclose while quietly pocketing and improperly retaining millions of dollars in upfront and trailer commissions, to the detriment of Plaintiff and Class Members.”

  • June 09, 2026

    N.J. Panel Affirms Arbitration Awards In Coverage Dispute With Guaranty Association

    TRENTON, N.J. — A New Jersey appellate court affirmed arbitration awards of $45,000 in damages to a pedestrian struck by a car and $12,639.57 in favor of the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA), which paid medical expenses for the pedestrian, in a suit against the owner of the car, rejecting the owner’s argument that there were extraordinary circumstances preventing him from filing a demand for a de novo trial after the completion of the arbitration hearing.

  • June 08, 2026

    Panel Affirms Judgment For Leasing Company In Fraud Coverage Row Involving Crash

    LOS ANGELES — A California appellate court on June 5 affirmed a lower court’s grant of summary judgment in a suit brought under the California Insurance Frauds Prevention Act (IFPA) alleging that an auto leasing company, a law firm and a driver of a sports car involved in a collision committed insurance fraud regarding an underlying auto collision suit, finding that evidence was lacking to show that the alleged misrepresentations were material.

  • June 08, 2026

    Panel Affirms Ruling Tossing Suit Seeking Defense In Underlying ATV Injury Suit

    DAYTONA BEACH, Fla.  — A Florida appellate court affirmed a lower court ruling dismissing a suit asserting claims for breach of the duty to defend and indemnify and seeking declaratory relief from the Florida Insurance Guaranty Association (FIGA) regarding its alleged duty to defend and indemnify in an underlying personal injury suit related to a collision with an all-terrain vehicle (ATV) owned by a person insured under a homeowners policy issued by a now-insolvent insurer.

  • June 03, 2026

    Judge: Umbrella Insurer Has Duty To Defend Diocese Against Sexual Abuse Lawsuits

    SANTA ANA, Calif. — A federal judge in California held that an umbrella insurer has a duty to defend the Roman Catholic Bishop of Orange against more than 200 underlying sexual abuse lawsuits brought under the California Child Victims Act, rejecting the insurer’s argument that the insolvency of the insured’s primary insurer does not obligate it to drop down in place of the primary insurer.

  • June 02, 2026

    PHL Audit Shows $6B In Liabilities, $2.3B Negative Surplus Amid Rehabilitation

    WATERBURY, Conn. — The Connecticut insurance commissioner, as rehabilitator of PHL Variable Insurance Co. and subsidiaries Concord Re Inc. and Palisado Re Inc., reported that audited financial statements show that PHL and its subsidiaries remain deeply insolvent, with $6.05 billion in total liabilities, negative capital and surplus of $2.294 billion and substantial doubt about their ability to continue as a going concern, while the rehabilitator continues to pursue a liquidation plan requiring guaranty association participation in the court-supervised rehabilitation proceeding.

  • June 02, 2026

    Judge Authorizes Attorney Fee Payment To Counsel For Convicted Insurance Mogul

    CHARLOTTE, N.C. — A North Carolina federal judge granted a motion to approve payment of attorney fees of $212,000.59 to legal counsel for former insurance mogul Greg Lindberg, who was sentenced to a 12-year prison term in a money laundering conspiracy case related to his $2 billion scheme to defraud insurers and policyholders and for his conviction on retrial in a separate case for bribing the North Carolina insurance commissioner.

  • May 29, 2026

    Panel Affirms Order Enforcing $50K Settlement In Insurance Breach Of Contract Suit

    DAYTONA BEACH, Fla. — A Florida appellate court affirmed a lower court order granting an insured’s motion to enforce a $50,000 settlement agreement against the Florida Insurance Guaranty Association (FIGA) in the insured’s breach of contract suit in which FIGA was substituted for a now-insolvent insurer.

  • May 27, 2026

    Insurance Mogul Lindberg Gets 12-Year Prison Sentence For Money Laundering, Fraud

    CHARLOTTE, N.C. — The U.S. Department of Justice (DOJ) on May 26 issued a press release announcing that a North Carolina federal judge sentenced insurance magnate Greg Lindberg to a 12-year prison term for a money laundering conspiracy case related to his $2 billion scheme to defraud insurers and policyholders and for his conviction on retrial in a separate case for bribing the North Carolina insurance commissioner.

  • May 26, 2026

    Verizon Retirees Drop Bid To Have 2nd Circuit Revive Putative Class PRT Case

    NEW YORK — Without substantive explanation, parties in a challenge to dismissal of a putative Employee Retirement Income Security Act pension risk transfer (PRT) class case on May 22 informed the Second Circuit U.S. Court of Appeals that they have stipulated to dismissing the appeal with prejudice and bearing their own “costs and fees on appeal.”

  • May 22, 2026

    ERISA Suit Over Stable Value Fund, Forfeitures Survives Dismissal

    PHILADELPHIA — Declining to dismiss a putative class action that involves several Employee Retirement Income Security Act issues that have seen much litigation recently, including how reinsurance arrangements affect the risk of fund guarantor insolvency, a Pennsylvania federal judge ruled that claims regarding a purportedly underperforming stable value fund (SVF) survive because the plaintiffs’ “meaningful benchmark” allegations are sufficient at this stage, and claims regarding use of forfeited funds survive for reasons including that the record does not yet include critical plan documents.

  • May 21, 2026

    FIGA: Court Should Strike Entitlement To Attorney Fees In Hurricane Coverage Suit

    SARASOTA, Fla. — The Florida Insurance Guaranty Association (FIGA) moved to strike homeowners’ claim for attorney fees in Florida state court in their breach of contract dispute with FIGA over its alleged failure to cover damage caused by Hurricane Ian, asserting in part that attorney fees are not a covered claim for which FIGA must make payment.