Mealey's Insurance Insolvency

  • March 21, 2024

    Insureds Seek To Vacate Dismissal Of Water Damage Suit Against Insolvent Insurer

    WEST PALM BEACH, Fla. — Homeowners moved to vacate a Florida state court’s dismissal of their breach of contract suit against their insolvent insurer and the Florida Insurance Guaranty Association (FIGA) over failure to cover purported water damage from a leaking dishwasher, asserting that their failure to appear was due to a clerical error.

  • March 19, 2024

    Judge Grants Dismissal To Guaranty Association In Hurricane Ida Coverage Dispute

    NEW ORLEANS — A Louisiana federal judge dismissed homeowners’ claims against the Louisiana Insurance Guaranty Association (LIGA) in a breach of contract and bad faith suit against it over liability for purported damages caused by Hurricane Ida, finding that because the homeowners voluntarily dismissed the related claims against LIGA, which was substituted for a now-insolvent insurer, LIGA’s motion for partial dismissal is moot.

  • March 19, 2024

    Amended Complaint Proposed In Delaware Suit Over Alleged Asset Dissipation

    WILMINGTON, Del. — Plaintiffs in a suit over the “Agera transactions” — a complex asset-swap arrangement that they allege resulted in the “dissipation of at least $250 million” — have moved in Delaware Chancery Court for leave to amend the complaint “to clarify the record and make minimal amendments.”

  • March 18, 2024

    Supplier Seeks Judgment In Asbestos Liability Case Involving Insolvent Insurer

    NEW ORLEANS — A purported supplier of asbestos-containing products moved for partial summary judgment and filed a brief in support in an asbestos liability suit against it, the Louisiana Insurance Guaranty Association (LIGA) and multiple other parties over a man’s exposure to asbestos resulting from his work at a shipyard, asserting that partial summary judgment should be granted because the purported supplier was not a “professional vendor.”

  • March 15, 2024

    Judge Adopts Report, Remands Hurricane Coverage Suit Against Guaranty Association

    MOBILE, Ala. — An Alabama federal judge adopted a magistrate judge’s report and recommendation that a bad faith and breach of contract hurricane coverage suit against the Alabama Guaranty Association (AIGA) be remanded to state court, agreeing with the magistrate judge’s finding that the suit is “due to be remanded” because the court “lacks subject matter jurisdiction.”

  • March 14, 2024

    Receiver Gets Firm Deadline For Procedures Proposal In Reinsurer’s Liquidation

    WILMINGTON, Del. —  Modifying a proposed scheduling order, a Delaware Chancery Court vice chancellor has given the receiver for life and health reinsurer Scottish Re (U.S.) Inc. (SRUS) until March 25 to seek approval of proof-of-claim processes and related liquidation procedures.

  • March 13, 2024

    Judge Affirms Stay, Warns Of Sanctions In Student Debt Row With Insolvent Insurer

    NEW YORK — A federal judge affirmed a magistrate judge’s order staying a suit filed against an insolvent insurer and multiple parties allegedly involved in a fraudulent debt collection practice resulting in a lien against the purported debtor’s property, finding that the stay order was not “clearly erroneous or contrary to law.”

  • March 12, 2024

    Discovery Orders Granted, Appeal Filed In Vesttoo Chapter 11 Bankruptcy Cases

    WILMINGTON, Del. — A notice of appeal has been filed concerning the confirmation of a Chapter 11 plan of liquidation for Vesttoo Ltd. and its dozens of affiliates, and a Delaware federal bankruptcy judge on March 11 granted four unopposed motions for leave to conduct discovery against banking entities.

  • March 11, 2024

    Justice Stays, Severs Claims Against Insolvent Insurer In Asbestos Coverage Row

    CENTRAL ISLIP, N.Y. — A New York state court justice granted a stay and severed proceedings as to the insured of an insolvent insurer in an estate’s asbestos liability case filed against numerous parties involved in the manufacture and distribution of asbestos-containing products, finding that the claims against the other defendants may go forward without causing undue burden to the estate of the decedent.

  • March 11, 2024

    Judge Amends Consent Decree Order In Case Over Alleged Counterfeit Policies

    LOUISVILLE, Ky. — In a March 8 amended ruling entering a consent decree in a sprawling suit over allegations of fraud, trademark counterfeiting and trademark infringement involving captive reinsurance programs, a Kentucky federal judge said he “inadvertently omitted the names of two parties.”

  • March 11, 2024

    Class Certification Bid Draws Opposition In DUFTA Case Involving Insurer

    WILMINGTON, Del. — Arguing in part that proposed class representatives “appear to be as unqualified as” one rejected in Gordon v. Sonar Capital Mgmt. LLC, defendants in a suit over an alleged scheme to strip capital from an insurance subsidiary on which many policyholders depend for long-term care (LTC) disability benefits urged the Delaware Chancery Court to deny certification of the proposed class.

  • March 07, 2024

    Panel Affirms Liquidation Order, Says Insurers’ Holding Company Lacked Standing

    RALEIGH, N.C. — The North Carolina Court of Appeals affirmed lower court orders placing insolvent insurers into liquidation and denying an intervenor holding company’s motion for a continuance, finding that the lower court did not err when issuing the orders but that because the intervenor lacked standing to intervene, the orders must be modified to show that the intervenor is not a proper party.

  • March 05, 2024

    Liability Insurer Says 10th Circuit Should Affirm Order Barring Coverage In MDL

    DENVER — A liability insurer argued in its answer brief in the 10th Circuit U.S. Court of Appeals that the appellate court should affirm a district court’s ruling that it does not owe a duty to indemnify the appellant health insurer in an underlying multidistrict litigation (MDL) antitrust dispute involving an excess errors and omissions (E&O) policy issued by a now-insolvent insurer.

  • February 29, 2024

    U.S. Bankruptcy Judge Approves Liquidation Plan In Vesttoo Chapter 11 Cases

    WILMINGTON, Del. — After the latest in a string of recent hearings, a Delaware federal bankruptcy judge on Feb. 29 confirmed a Chapter 11 plan of liquidation for Vesttoo Ltd. and its dozens of affiliates, also approving four settlements — one with a caveat and one with conditions precedent.

  • February 28, 2024

    Settlements Sought, Liquidation Proposal Updated In Vesttoo Chapter 11 Cases

    WILMINGTON, Del. — After putting forth several proposed settlements for approval in a Delaware federal bankruptcy court following mediation, the Official Committee of Unsecured Creditors on Feb. 28 filed the latest of its recent amendments to its proposed Chapter 11 plan of liquidation for Vesttoo Ltd. and dozens of Vesttoo affiliates.

  • February 27, 2024

    4th Circuit Tosses Appeal Of Asbestos Coverage Row With S.C. Guaranty Association

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on Feb. 26 dismissed an insurer’s appeal of a district court’s order remanding to state court a receiver’s asbestos coverage suit against insurers and the South Carolina Property and Casualty Insurance Guaranty Association, finding that the court does not have jurisdiction over the remand order.

  • February 23, 2024

    Reverse-Preemption Ruling Concerning Adversary Case Is Upheld On Appeal

    NEW YORK — Agreeing with a bankruptcy judge’s determination that reverse-preemption under the McCarran–Ferguson Act (MFA) applies, a New York federal judge on Feb. 22 upheld the partial stay of an adversary proceeding in an expansive dispute involving a reinsurer.

  • February 23, 2024

    Pa. High Court Tosses State Law Question Of Joint Underwriting Association Status

    PHILADELPHIA — The Pennsylvania Supreme Court dismissed a previously granted petition for certification of a state law question regarding the private or public entity status of the Pennsylvania Professional Liability Joint Underwriting Association (JUA), which provides coverage to health care providers, including those previously insured by insurers in liquidation, finding that the high court “improvidently granted this certification request” because the question “is principally one of federal law.”

  • February 23, 2024

    Firm Deadline Sought For Procedures Proposal In Reinsurer’s Liquidation

    WILMINGTON, Del. — Fifty-four cedents and retrocessionares have asked the Delaware Chancery Court to require the receiver for life and health reinsurer Scottish Re (U.S.) Inc. (SRUS) “to move for approval of a proof of claim process and related liquidation procedures” by March 4.

  • February 22, 2024

    Liability Insurer Seeks Extension To Respond In Dispute With Health Insurer

    DENVER — A liability insurer moved for an extension to file an answer brief in a health insurer’s appeal to the 10th Circuit U.S. Court of Appeals of a district court’s ruling that the liability insurer does not owe a duty to indemnify the health insurer in an underlying multidistrict litigation antitrust dispute involving an excess errors and omissions (E&O) policy issued by a now-insolvent insurer.

  • February 22, 2024

    Property Owner Sues Guaranty Association, Says Insolvent Insurer Didn’t Cover Loss

    SANFORD, Fla.  — A property owner on Feb. 16 filed a complaint in a Florida state court against the Florida Insurance Guaranty Association (FIGA), asserting that it has been statutorily “activated” to pay outstanding claims for a now-insolvent property insurer that was previously ordered into liquidation.

  • February 21, 2024

    Life Insurer Files Third-Party Complaint Against Assignee, Seeks Reimbursement

    CINCINNATI — A life insurer that was sued in Ohio federal court for breach of contract by the liquidating trustee for a viatical settlement provider filed its answer and a third-party complaint against an assignee of a life insurance policy, seeking reimbursement for any amount the insurer is required to pay the trustee.

  • February 21, 2024

    North Carolina Guaranty Association Seeks Ruling That It’s Not MSP Primary Plan

    RALEIGH, N.C. — The North Carolina Insurance Guaranty Association (NCIGA) sued the U.S. the Department of Health and Human Services (HHS), its secretary and the Centers for Medicare and Medicaid Services (CMS) in a North Carolina federal court, 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.

  • February 16, 2024

    Bonding Company’s Objection Overruled In Row With Insolvent Insurer’s Liquidator

    HARRISBURG, Pa. — A Pennsylvania appellate court on Feb. 15 overruled an insurance bonding company’s objection in a suit filed against it by the Pennsylvania insurance commissioner, as liquidator for an insolvent insurer, seeking to void the insurer’s $3.02 million wire transfer to the bonding company, finding that the objection must be overruled because the transfer is voidable as a preferential transfer.

  • February 15, 2024

    Liquidation Order Leads To Permanent Stay For 1 Defendant In Coverage Row

    NEWARK, N.J. — All claims against one defendant in a suit in New Jersey federal court over environmental investigation and remediation have been permanently stayed because of a liquidation and injunction order issued by the Delaware Court of Chancery.

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