Mealey's Reinsurance

  • November 13, 2026

    Insurer Wins Summary Judgment In Long-Term Care Fraudulent Transfer Suit

    WILMINGTON, Del. — A Delaware Chancery Court vice chancellor granted an insurance holding company and its affiliates’ motion for summary judgment in a putative class action over an alleged scheme to strip capital from an insurance subsidiary on which many policyholders depend for long-term care (LTC) disability benefits, finding that the policyholder and insurance agent plaintiffs’ fraudulent transfer claims constituted an impermissible collateral attack on a merger that was approved by Delaware insurance regulators.

  • November 12, 2026

    Chapter 11 Bankruptcy Plan Takes Effect, Ex-CEO Says In Advancement Dispute

    DALLAS — The former CEO of a financial services company notified a Texas federal court that the company’s Chapter 11 bankruptcy reorganization plan became effective, satisfying the condition for ending an abatement of their dispute over the company’s obligation to fund his defense against counterclaims alleging manipulation of commercial auto claims reserves.

  • November 12, 2026

    Parties Stipulate To Reinsurer’s Dismissal From $7.6M Coverage Dispute

    BAKERSFIELD, Calif. — A health care system and its excess-of-loss reinsurer stipulated in a California federal court to the reinsurer’s dismissal without prejudice from a lawsuit seeking more than $7.6 million in damages over allegedly wrongfully denied long-term acute care claims, just days after the health care system filed an amended complaint narrowing its claims against the reinsurer and its former reinsurance broker.

  • November 11, 2026

    Government Says Tax Penalty Ruling Does Not Warrant Immediate Appeal

    PITTSBURGH — The U.S. government in a Pennsylvania federal court opposed a Pittsburgh-based company’s motion to certify for interlocutory appeal a federal judge’s ruling that the assessment of tax shelter promoter penalties and a 15% prepayment requirement do not violate the Seventh Amendment’s right to a jury trial, arguing that an immediate appeal would only delay resolution of the company’s suit seeking a refund of penalties tied to a purported captive insurance program.

  • November 05, 2026

    Insurance Mogul’s Appeal Of Receivership Order Related To $524M Judgment Dismissed

    RALEIGH, N.C. — The North Carolina Court of Appeals on Nov. 4 dismissed an appeal of an order appointing a general receiver of the assets of insurance mogul Greg Lindberg in a life insurer’s efforts to collect a federal judgment of $524 million plus interest, finding that the court lacks jurisdiction over the interlocutory appeal.

  • November 05, 2026

    Captive Insurer Drops Reinsurer, Adds Tort Claims Against Claims Administrator

    DETROIT — A Cayman Islands-based captive insurer filed a second amended complaint dropping a reinsurer as a defendant and asserting tortious interference claims against the remaining defendant, a reinsurance claims administrator, in a dispute over reinsurance coverage for Legionella-related claims after a Michigan federal judge granted the insurer leave to amend its complaint following supplemental briefing on whether it had asserted a cognizable claim against the administrator.

  • November 05, 2026

    Reinsurer Alleges Insurer, Affiliate Misrepresented Risks, Improperly Underwrote Policies

    NEW YORK — A Lloyd’s of London insurance syndicate filed a petition to compel arbitration and complaint in a New York federal court seeking to compel arbitration with an insurer over reinsurance contracts covering lender collateral residual value (LCRV) insurance policies, alleging that the insurer and its affiliate made material misrepresentations and failed to properly underwrite the underlying policies.

  • November 04, 2026

    Federal Judge Issues 5 Rulings On Evidence In Mine Reinsurance Case

    OMAHA, Neb. — A Nebraska federal judge issued five memorandum opinions addressing sealed competing motions to exclude expert testimony, limit evidence and strike discovery disclosures in an insurer’s suit seeking to enforce a reinsurer’s obligations arising from a $157.2 million settlement of asbestos-related coverage claims involving the Libby Mine in Montana.

  • November 04, 2026

    Crop Insurer, Agent Seek Indemnity Over $1.6M Arbitration Award

    LOUISVILLE, Ky. — A farm general partnership seeks confirmation of an arbitration award in Kentucky federal court after a crop insurer and agent failed to pay more than $1.6 million in indemnity and accrued interest stemming from the mishandling of the partnership’s request for an actuarial change, which left it without coverage when its canola crop sustained weather-related damage.

  • November 04, 2026

    ACA Reinsurance Plans Ask High Court To Revisit Tolling Precedent

    WASHINGTON, D.C. — Arguing that the U.S. Supreme Court’s ruling in John R. Sand & Gravel Co. v. United States was “wrong when it issued and even more clearly wrong today,” group health plans whose claims challenging exactions under the Patient Protection and Affordable Care Act’s (ACA) Transitional Reinsurance Program (TRP) were dismissed as untimely by the U.S. Court of Federal Claims (CFC) and whose dismissals were affirmed by the Federal Circuit U.S. Court of Appeals request the high court in a petition for a writ of certiorari to overrule the precedent holding that the Tucker Act’s six-year statute of limitations is jurisdictional and not subject to equitable tolling.

  • October 26, 2026

    COMMENTARY: Insuring The ‘Intangible’: Reputation Risk Meets The Captive

    By Jim Bulkowski and Dr. Nir Kossovsky

  • October 30, 2026

    Pension Funds Sue Insurance, Reinsurance Company Over Concealed Casualty Risks

    NEW YORK — Two pension funds filed a securities class action against a Bermuda-based insurance and reinsurance company and four executives in New York federal court, alleging that they misled investors about the adequacy of the company’s casualty loss reserves, concealed risks associated with its underwriting practices and overstated earnings, resulting in investor and shareholder losses.

  • October 30, 2026

    Class Action ERISA Claims Dismissed; Texas Federal Judge Rejects Fund Benchmarks

    DALLAS — A Texas federal judge said retirement plan participants can no more meaningfully compare a challenged Prudential Retirement Insurance and Annuity Co. guaranteed income fund to an industry benchmark than “they can compare the moon to a baseball, though they are both spheres,” dismissing with prejudice an amended class action alleging that retirement plan fiduciaries breached their duties under the Employee Retirement Income Security Act (ERISA) by retaining an underperforming fund despite concerns about offshore reinsurance arrangements and Prudential Retirement’s financial condition.

  • October 29, 2026

    Tax Firm Challenges Evidentiary Basis For IRS Microcaptive Disclosure Rule

    NEW ORLEANS — A tax consulting firm challenging the Internal Revenue Service’s final microcaptive insurance disclosure rule urged the Fifth Circuit U.S. Court of Appeals in an Oct. 28 appellant’s brief to reverse a Texas federal judge’s ruling upholding the rule’s transaction-of-interest designation, arguing that the agency failed to support its determination that microcaptive arrangements have a potential for tax avoidance with sufficient facts or data and exceeded its statutory authority under the Administrative Procedure Act (APA).

  • October 29, 2026

    IRS Asks 5th Circuit To Reinstate Microcaptive Listed-Transaction Rule

    NEW ORLEANS — The IRS and Treasury Department urged the Fifth Circuit U.S. Court of Appeals to uphold reporting requirements for certain microcaptive insurance arrangements and reinstate a stricter designation vacated by a Texas federal judge, arguing that the agency reasonably identified characteristics associated with tax avoidance and was not required to prove that most covered transactions were abusive.

  • October 29, 2026

    Judge Orders Clerk To Close Insurance Mogul’s Suit Related To Equity Purchase

    NEW YORK — After previously dismissing a suit filed by former insurance mogul Greg Lindberg seeking to compel arbitration to offset claims under an equity purchase agreement (EPA) between an investment company he previously managed and sellers who sold their ownership interests in health care and pharmaceutical companies to his investment company, a New York federal judge ordered the court clerk to close the case because Lindberg failed to communicate with the court.

  • October 22, 2026

    Food Processor, Reinsurer’s Appeal Withdrawn Following Stipulation Between Parties

    NEW YORK — The Second Circuit U.S. Court of Appeals entered an order approving a stipulation between a wholly owned captive insurer of Tyson Foods Inc. and a reinsurer to withdraw the captive insurer’s appeal of a district court’s denial of its petition to vacate a confidential reinsurance arbitration award and grant of the reinsurer’s cross-motion to confirm the award in a dispute arising from a fire at a poultry-rendering facility in Alabama.

  • October 22, 2026

    Federal Judge Finds Uber Has RICO Standing Despite Insurer-Paid Settlements

    PHILADELPHIA — A Pennsylvania federal judge denied a Philadelphia law firm and its attorney’s motion for partial summary judgment in a Racketeer Influenced and Corrupt Organizations Act (RICO) suit accusing them of orchestrating fraudulent personal injury claims against Uber Technologies Inc. and Federal Express Corp. (FedEx), finding that a factual dispute over Uber’s out-of-pocket expenses precludes summary judgment and that Uber does not lose standing merely because its insurer paid defense costs and settlements on its behalf.

  • October 21, 2026

    Insurer Seeks $4.7M From Guarantors Over Unpaid Reinsurance Obligations

    HOUSTON — An insurer filed suit in a Texas federal court against two insurance program partners, alleging that they breached a guaranty and indemnity agreement by failing to pay $4.7 million in collateral owed by a nonparty captive insurance cell under a quota share reinsurance agreement.

  • October 21, 2026

    Vesttoo Claims Objection Deadline Extended For 5th Time To April 2027

    WILMINGTON, Del. — A federal bankruptcy judge in Delaware granted a fifth extension of the claims objection bar date in the Chapter 11 liquidation of Vesttoo Ltd. and its affiliates by 180 days to April 5, 2027, finding that additional time is necessary to administer the confirmed liquidation plan as the trustee continues to pursue litigation recoveries and reconcile outstanding creditor claims.

  • October 21, 2026

    6th Circuit Sets Argument Date In Appeal Of Upheld IRS Final Rule

    CINCINNATI — The Sixth Circuit U.S. Court of Appeals issued a notice scheduling oral argument for Dec. 17 in a case in which a captive insurance manager asserts that a Tennessee federal judge erred in upholding an IRS final rule governing small captive insurance arrangements because the rule treats legitimate captives as abusive or potentially abusive tax-avoidance transactions without a sufficient abuse finding.

  • October 20, 2026

    Captive Operator Says Novel Issues Warrant Appeal Of IRS Penalty Ruling

    PITTSBURGH — A Pittsburgh-based company challenging the IRS’s assessment and collection of tax shelter promoter penalties without a prior jury trial asked a Pennsylvania federal judge to certify for interlocutory appeal his order denying its renewed motions to dismiss and for summary judgment, arguing that the case presents novel constitutional questions about the agency’s penalty assessment framework, including a 15% prepayment requirement, that warrant immediate appellate review.

  • October 19, 2026

    Reinsurance Broker Seeks Dismissal Of Claims In $7.6M Coverage Dispute

    BAKERSFIELD, Calif. — A reinsurance broker has moved to dismiss claims brought against it by a health care system in a dispute over more than $7.6 million in denied excess-of-loss reinsurance claims, arguing that the parties’ claims service agreement precludes contractual liability and that the remaining claims are legally deficient or duplicative.

  • October 02, 2026

    COMMENTARY: Whom Do You “No”?: No-Action Clauses Do Not Prevent Enforcement Of Insurance Policies

    By William G. Passannante, Luma S. Al-Shibib and Kathleen V. Gatti

  • October 06, 2026

    COMMENTARY: Insurance And Reinsurance Commutations, Run-Off, And Loss Portfolio Transfers: The Language, Vehicles, And Pathways For Losing Unwanted Legacy Liabilities

    By Scott M. Seaman and Daniel C. Shatz