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Mealey's Reinsurance

  • February 03, 2026

    Parties File Summary Judgment Cross-Motions In Reinsurance Policy Dispute

    TRENTON, N.J. — A commercial auto insurer and a joint insurance fund filed cross-motions for summary judgment in a New Jersey federal court in a dispute stemming from a multimillion dollar settlement of a personal injury lawsuit involving a municipally owned ambulance, with the insurer arguing that policy language places primary responsibility on the insurance fund and the insurance fund contending that state law requires exhaustion of commercial coverage first.

  • February 03, 2026

    Confirmation Of Arbitration Award Sought After Reinsurance Contract Violation

    OKLAHOMA CITY — An insurer requests an order in an Oklahoma federal court confirming an arbitration award that directs a California-based corporation to post nearly $15 million in collateral after an arbitration panel determined that the corporation failed to comply with an obligation set forth in a quota share reinsurance agreement (QSRA) between the parties to provide reinsurance security.

  • February 02, 2026

    Former DOL Officials, Other Amici Urge 4th Circuit Affirmance In PRT Case

    RICHMOND, Va. — Three amicus curiae briefs filed Jan. 30 urge the Fourth Circuit U.S. Court of Appeals to affirm a ruling that retirees had standing to file a putative class lawsuit that is part of a much-watched string of pension risk transfer (PRT) challenges, with one of those briefs coming from former U.S. Department of Labor (DOL) officials who argue that the Jan. 9 amicus brief the DOL filed here shows that “an effort is underway to limit the scope of” the private right of action under the Employee Retirement Income Security Act.

  • February 02, 2026

    Appellate Panel Reverses Denial Of Cost-Of-Living Reimbursement To Reinsurer

    BOSTON — A Massachusetts appellate court panel on Jan. 30 reversed and remanded a state reviewing board decision denying a reinsurer’s reimbursement of cost-of-living adjustment (COLA) benefits paid after exhaustion of a self-insured employer’s statutory bond, ruling that the board improperly imposed an extra-statutory bar to recovery by denying reimbursement based on the employer’s insolvency and the reinsurer’s nonparticipation in trust fund assessments, grounds not authorized under the workers’ compensation reimbursement framework.

  • January 30, 2026

    Defendants Seek Dismissal Of Federal Crop Insurance Suit Alleging Program Fraud

    RALEIGH, N.C. —  An agricultural operator and several of his family members moved in a North Carolina federal court to dismiss a False Claims Act (FCA) suit alleging a coordinated scheme to defraud federally reinsured crop insurance programs through straw producers, yield shifting and misreported acreage, arguing that the government failed to plead with particularity the submission of any false claims for payment, improperly treated eligibility and insurance documents as actionable claims, asserted time-barred causes of action and did not adequately allege individualized participation supporting liability.

  • January 30, 2026

    Insurance Firms Sue Ex-Executive, Engineers Over Reinsurance Trade Secrets

    WILMINGTON, Del. — A group of insurance technology companies filed a complaint in a Delaware state court accusing former executives and engineers of misappropriating trade secrets, breaching fiduciary duties and contracts and conspiring with a program manager to launch a reinsurance and captive insurance company using confidential regulatory, program structure and market strategy information obtained during their employment.

  • January 30, 2026

    Assignee Opposes Bid To Dismiss Decades-Old Asbestos Reinsurance Claims

    NEW YORK — The assignee of the liquidator of an insolvent insurer urged a New York federal court to deny a summary judgment motion filed by a U.K.-based reinsurer, arguing that asbestos-related reinsurance claims are not time-barred and that the reinsurer’s post-liquidation conduct, written acknowledgments and the destruction of records preclude dismissal of the reinsurance contract dispute.

  • January 29, 2026

    PHL Policyholders Move For Emergency Intervention Following Liquidation Notice

    WATERBURY, Conn. — A group of over-the-cap universal life insurance policyholders (UL policyholders) filed an emergency motion in a Connecticut state court to intervene in the rehabilitation of PHL Variable Insurance Co., arguing that they were required to continue paying premiums in reliance on repeated assurances of a forthcoming rehabilitation plan before the rehabilitator reported that liquidation was necessary, leaving their policies subject only to guaranty association limits.

  • January 29, 2026

    Insurance Buyer Alleges Ongoing Breach Of Sale Agreements In New Suit

    BOSTON — A buyer in a long-running insurance dispute arising from a 2005 transfer and assumption (T&A) agreement and a 2007 stock purchase agreement (SPA) filed a lawsuit in Massachusetts federal court, alleging that the seller has continued to breach the agreements by refusing to administer, defend and reimburse millions of dollars in claims despite a prior summary judgment ruling confirming the seller’s ongoing contractual obligations.

  • January 21, 2026

    Insurer, Regulator Seek Dismissal Of Agent’s Crop Insurance Commission Suit

    WASHINGTON, D.C. — An insurer and a federal regulator moved to dismiss a crop insurance agency’s declaratory judgment complaint alleging that agent commissions were unlawfully reduced and policy transfers were coerced, arguing that the claims fall outside the court’s jurisdiction, rest on statutes that create no private right of action and amount to contractual and regulatory disputes that must be dismissed or resolved through arbitration.

  • January 15, 2026

    Insureds Allege FAIR Plan Mishandled, Underpaid Wildfire Smoke Claims

    LOS ANGELES — A pair of property insurance policyholders sued the California FAIR Plan Association in state court, alleging that the association breached statutory coverage requirements and engaged in bad faith claims handling by relying on policy provisions that impermissibly restricted coverage for wildfire smoke contamination and loss-of-use claims stemming from the January 2025 Los Angeles wildfires.

  • January 15, 2026

    Arbitration Compelled, Litigation Stayed In Dispute Over Underpaid Commissions

    NEW YORK — Writing that “it would be difficult to imagine a breach-of-contract claim that did not arise out of the contract itself,” a New York federal judge compelled arbitration and stayed litigation between a program manager and an insurer, holding that the parties’ terminated program management agreement (PMA) required arbitration of claims alleging years of underpaid commissions and was not displaced by the agreement’s termination or survival provisions.

  • January 15, 2026

    RICO Defendants Say MGA, Reinsurer, Sought Leave To Amend Complaint In Bad Faith

    BROOKLYN, N.Y. — The defendants in a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit filed a letter in a New York federal court urging denial of a reinsurer and a management general agency’s oral request to amend their first amended complaint (FAC) and dismissal of the case with prejudice, arguing that incurable RICO standing defects would remain and that the proposed amendment was sought in bad faith after plaintiffs advanced contradictory arguments.

  • January 14, 2026

    Reinsurers, Insurers Ask To Seal Summary Judgment Briefs In Indemnification Case

    TRENTON, N.J. —  The parties in a dispute between insurers and reinsurers over indemnification for asbestos bodily injury claims moved to seal confidential information as part of their cross-motions for summary judgment in a New Jersey federal court, stating that the filings contain nonpublic, competitively sensitive business information and that disclosure would cause competitive harm.

  • January 13, 2026

    Evidence Supports Crop Insurance Claim Denial, 5th Circuit Rules

    NEW ORLEANS — Holding that a farmer failed to provide adequate evidence to demonstrate that denial of his crop insurance claim was arbitrary or capricious, a Fifth Circuit U.S. Court of Appeals panel affirmed a lower court ruling that federal regulators implemented proper standards and correctly considered expert testimony in concluding that the farmer failed to follow good farming practices (GFP) for coverage purposes.

  • January 13, 2026

    Risk Pool Rebuts Reinsurer’s Dissolution Claim In Arbitration Dispute

    NEW YORK — An intergovernmental risk pool told a New York federal court that a reinsurer baselessly alleged that it was dissolved without notice when the reinsurer urged the court to rule on pending cross-petitions in an arbitration awards dispute involving attorney fees and whether there was a probability or a possibility of an excess judgment in an underlying case.

  • January 13, 2026

    Defendants Win Dismissal Of Case Involving PRTs To Prudential And RGA

    NEW YORK — A New York federal judge has dismissed with prejudice a putative class pension risk transfer (PRT) case notable for focusing on transfers to nonparties Prudential Insurance Company of America (PICA) and RGA Reinsurance Company (RGA), concluding that the Verizon Communications Inc. retirees who filed the suit lacked standing and failed to state their claims.

  • January 12, 2026

    DOL Becomes Latest Amicus To Urge 4th Circuit Reversal On Standing In PRT Case

    RICHMOND, Va. — Saying, “The magnitude of this case and these issues are hard to overstate,” the U.S. Department of Labor (DOL) on Jan. 9 became the latest amicus curiae to urge the Fourth Circuit U.S. Court of Appeals to reverse a ruling that retirees had standing to file a putative class lawsuit that is part of a much-watched string of pension risk transfer (PRT) challenges; among other things, the retirees generally allege that the use of offshore captive reinsurers makes the insurers that are responsible to pay annuities because of the PRTs more likely to fall short of their obligations.

  • January 08, 2026

    Tax Firm Moves For Summary Judgment In Bid To Vacate IRS Captive Final Rule

    DALLAS — A tax firm moved for summary judgment in a Texas federal court in its challenge to an Internal Revenue Service final rule on microcaptive insurance arrangements, arguing that the agency acted arbitrarily and capriciously by imposing reporting requirements without identifying facts or data showing that microcaptive transactions can potentially be done for tax avoidance or evasion.

  • January 08, 2026

    PHL Rehabilitator: All Business Blocks Impaired And Liquidation Is Required

    WATERBURY, Conn. — The rehabilitator for PHL Variable Insurance Co. reported in a Connecticut state court that PHL cannot be rehabilitated through its own assets, that all blocks of business are “materially impaired” and that any resolution will require an order of liquidation to trigger guaranty association coverage, while stating that he is seeking to pair a liquidation order with a transaction to preserve limited ongoing benefits for policyholders.

  • January 07, 2026

    COMMENTARY: 2025 Key Insurance Decisions, Trends, & Developments & A Look Ahead To 2026

    By Scott M. Seaman, Pedro E. Hernandez and Jordan W.P. Evans

  • January 08, 2026

    California FAIR Plan Sued Over Alleged Unlawful Wildfire Smoke Claim Denials

    LOS ANGELES — A pair of property insurance policyholders sued the California FAIR Plan Association in state court alleging that the state’s “insurer of last resort”engaged in bad faith insurance practices and breach of contract by relying on unlawful policy provisions to deny or underpay wildfire smoke contamination and loss-of-use claims arising from the January 2025 Los Angeles wildfires, in violation of California insurance law.

  • January 05, 2026

    Defendants Argue Regulatory Unwinding Moots Derivative Captive Pool Claims

    WILMINGTON, Del. — The defendants in three related cases concerning a disputed captive reinsurance pool seek dismissal of a verified amended and supplemental derivative complaint, arguing that the challenged captive pool restructuring was fully unwound under regulatory supervision, rendering the claims moot, and that the post-unwinding corporate structure did not alter policyholder rights.

  • January 02, 2026

    Crop Insurance Agent Sues Carrier Over Allegedly Withheld Policy Commissions

    CINCINNATI — A crop insurance agency sued an authorized insurance provider (AIP) in an Ohio federal court, alleging that the AIP breached several 2024 reinsurance and underwriting contingency agreements by withholding statutorily required commissions on policies sold during the 2024 crop year.

  • December 30, 2025

    Insurers Denied Injunction But Granted Expedited Discovery In Captive Dispute

    NEW YORK — A New York federal judge denied a group of insurers’ motion for a preliminary injunction compelling an insurance services firm, its captive affiliate and its general counsel to post millions of dollars in collateral, finding that the insurers failed to demonstrate a clear likelihood of success on the merits or irreparable harm, but granted the insurers’ request for expedited discovery in a dispute arising from the alleged mismanagement of a captive insurance program.