http://www.lexisnexis.com/mealeys/news.aspx Headline Insurance Insolvency Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' HARRISBURG, Pa. - A settlement agreement is ambiguous as to whether a contractor released its own insurers, including an insolvent insurer, from providing coverage for underlying construction defect claims on a project for an university, a majority of the Pennsylvania Supreme Court ruled Dec. 17, vacating a lower court's decision and remanding (Suffolk Construction Co. v. Reliance Insurance Co. [in liquidation], No. 40 MAP 2019, Pa. Sup., 2019 Pa. LEXIS 6972). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - A Missouri federal judge on Jan. 9 refused to bar opinions on the reasonableness of requested legal fees made by insolvent funeral insurers' receiver and state insurance guaranty associations in a dispute regarding allegations over the mishandling of the insurers' funds (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SALT LAKE CITY - A federal judge in Utah on Jan. 13 remanded to the liquidation court an insolvent health insurer's liquidator's breach of fiduciary and negligence lawsuit against the insurer's executives because the executives failed to establish that the case necessarily raises or involves a substantial issue of federal law for purposes of jurisdiction (Stillman Consulting Services, LLC v. Shaun Greene, et al., No. 19-668, D. Utah, 2020 U.S. Dist. LEXIS 6274). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - While hedge fund liquidators' counsel "acted in blatant disregard" in an opposition brief to a corporate insider's motion to dismiss claims concerning the hedge fund's misuse and mismanagement, a New York federal judge on Jan. 13 denied monetary sanctions on "the possibility that counsel were simply carried away by overzealousness rather than acting in bad faith" (In re Platinum-Beechwood Litigation, No. 18-6658, Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y., 2020 U.S. Dist. LEXIS 5676). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - A federal judge in Puerto Rico on Jan. 21 granted an extension of time for the liquidator of an insolvent insurer to investigate the insurer's allegations of fraud and misrepresentations and an insured's counterclaim for improper refusal to pay a claim (Integrand Assurance Co. v. Puma Energy Caribe, LLC, No. 19-1195, D. Puerto Rico). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WEST PALM BEACH, Fla. - An insolvent insurer alleges in an adversary complaint filed Dec. 18 in a Florida bankruptcy proceeding that two Florida residents fraudulently transferred $386,000 in avoidance of a $122 million final judgment issued in favor of the insurer (In re: British American Insurance Company Ltd., Chapter 15, Nos. 09-31881 & 09-35888, British American Insurance Company Ltd. v. Sylvia Baldini, et al., No. 19-01929, S.D. Fla. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Jan. 23 dismissed for lack of jurisdiction two appeals of a magistrate judge's recommendation to partially grant and partially deny defendants' motions for summary judgment on a special deputy receiver's civil claims that they conspired to defraud a multiple-employer self-insured health plan with fraudulent letters of credit (LOCs) (Michael J. FitzGibbons, et al. v. De'Shaun Williams, et al., No. 19-2049 and Michael J. FitzGibbons, et al. v. Cherise Raymond, et al., No. 19-2051, 4th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - A class of insureds filed a notice of appeal on Dec. 18 regarding a Puerto Rico federal judge's award of summary judgment to Joint Underwriting Association (JUA) and other insurers, including some that are in liquidation, on class action allegations of violations of the Racketeer Influenced and Corrupt Organizations Act (Noemi Torres Ronda, et al. v. Joint Underwriting Association, et al., No. 11-1826, D. Puerto Rico). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - Insurers on Jan. 10 told a New York federal court that they are voluntarily stipulating to the dismissal of an investment company from their third-party lawsuit, which arises out of a dispute originally filed by a receiver seeking redress for damages from of a "massive fraudulent scheme" involving hedge funds (In re Platinum-Beechwood Litigation, No. 18-6658, Washington National Insurance Co., et al. v. Mark Nordlicht, et al., No. 18-12018, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - Reinsurers in Jan. 21 opposition briefs argue that a Puerto Rico federal judge should deny an insolvent insurer's liquidator motion to alter a decision sending a $150 million hurricane loss case to arbitration because there was no manifest error with the ruling (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - The U.S. government argues in a Jan. 15 appellant brief that a Delaware federal court should reverse a bankruptcy court's order granting an objection raised by the Chapter 7 trustee for an insurer and its subsidiaries over a claim made by the Internal Revenue Service and remand so that the entire IRS claim will be given administrative priority (In re Affirmative Insurance Holdings, Inc., et al.; United States of America v. Don A. Beskrone, Chapter 7 Trustee, 19-2034, D. Del.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York federal bankruptcy judge on Jan. 13 closed an Irish reinsurer's bankruptcy proceeding that recognized a foreign main liquidation proceeding concerning an alleged $1 billion deficit (In re Ballantyne Re Plc, Chapter 15, No. 19-11490, S.D. N.Y. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A California judge on Dec. 4 approved the state's insurance commissioner's application for a final distribution of approximately $80 million to occur by July 1 and to close the estate of Executive Life Insurance Co. (ELIC) (Insurance Commissioner of the State of California v. Executive Life Insurance Co., No. BS 006912, Calif. Super., Los Angeles Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' TALLAHASSEE, Fla. - A Florida judge on Dec. 30 ordered Windhaven Insurance Co. into liquidation and named the state's financial services department as liquidator (In re the receivership of Windhaven Insurance Co., No. 2019 CA 002861, Fla. Cir., Leon Co., 2nd Jud. Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MINEOLA, N.Y. - A New York justice on Jan. 21 asked any interested parties to show cause as to why Maidstone Insurance Co. should not be placed into liquidation and why the state's financial services superintendent should not be appointed as liquidator (In the matter of the application of Maidstone Insurance Co., No. 600620/2020, N.Y. Sup., Nassau Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' HARRISBURG, Pa. - The liquidator for Healthcare Providers Insurance Exchange (HPIX) on Jan. 7 filed an application seeking an order from a Pennsylvania court approving a report and recommendations on undisputed claims for a total amount of $4.8 million in 2019 (In re: Healthcare Providers Insurance Exchange, in liquidation, No. 1 HPI 2017, Pa. Cmwlth.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' HARRISBURG, Pa. - The liquidator of Senior American Insurance Co. (SAIC) submitted a report on Dec. 12 to a Pennsylvania trial court to inform all interested parties, including state insurance guaranty associations, of the status of early access considerations in the insurer's estate (Jessica K. Altman v. Senior American Insurance Co., No. 1 SAI 2018, Pa. Cmwlth.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' TRENTON, N.J. - A New Jersey judge on Dec. 3 closed the liquidation proceeding for Eagle Insurance Co. and three of its subsidiaries (In the matter of the liquidation of Eagle Insurance Co., No. C-84-06, N.J. Super., Mercer Co., Chancery Div.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2019%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. government said on Dec. 19 that it is appealing to the Federal Circuit U.S. Court of Appeals a federal judge's finding that Colorado insurance liquidation law bars its health agency from using money owed to an insolvent Colorado insurer to pay debts owed under the Patient Protection and Affordable Care Act's (ACA) reinsurance and risk-adjustment programs (Michael Conway v. The United States, No. 18-1623, Fed. Clms., 2019 U.S. Claims LEXIS 1306). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2020%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The liquidators for an insolvent insurer gave notice on Dec. 23 that they are appealing a U.S. Court of Federal Claims judge's dismissal of their state law claims against the U.S. government over violation of South Carolina insurance law following the government's offset of $36 million under the reinsurance program of the Patient Protection and Affordable Care Act (ACA) (Raymond G. Farmer, et al. v. The United States, No. 18-1484, Fed. Clms.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2021%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A runoff insurer on Jan. 22 dismissed its appeal to the Second Circuit U.S. Court of Appeals regarding four orders over the advancement of fees and expenses under investment management agreements (IMAs) for third-party actions arising out of the runoff insurer's initial fraud lawsuit over the mismanagement and misuse of $320 million (B Asset Manager L.P., et al. v. Senior Health Insurance Company of Pennsylvania, No. 19-4239, 2nd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2022%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York federal judge on Jan. 13 dismissed a third-party defendant from a runoff insurer's allegations of aiding and abetting in a Ponzi-like scheme where fraudulent misrepresentations were made to gain investment control over $320 million of the runoff insurer's reserves (In re Platinum-Beechwood litigation, No. 18-6658; Senior Health Insurance Company of Pennsylvania v. PB Investment Holdings Ltd., et al., No. 18-12018, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2023%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - The U.S. Department of Justice wrote to a New York federal judge on Jan. 17 updating him on the status of pending criminal proceedings that served as the reasons for a stay of the Securities and Exchange Commission's lawsuit alleging that two individuals "perpetrated multiple schemes to defraud their advisory clients, which were insurance companies and reinsurance trusts" (United States v. Alexander C. Burns, et al., No. 18-9477, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-9%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2024%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BRIDGEPORT, Conn. - A federal judge in Connecticut on Dec. 16 stayed an insured's dispute against an insurer, a reinsurer and their affiliates over alleged violations in workers' compensation insurance programs based upon a conservation order issued against the insurer (Charter Oak Oil Co. Inc. v. Applied Underwriters Inc., et al., No. 17-00689, D. Conn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. Supreme Court heard arguments on Dec. 10 about whether the Patient Protection and Affordable Care Act (ACA)'s "shall pay" language created a financial obligation for the government or at all times remained contingent on later congressional funding (Land of Lincoln Mutual Health Insurance Co. v. United States, No. 18-1038, Moda Health Plan Inc., et al. v. United States, No. 18-1028, Maine Community Health Options v. United States, No. 18-1023, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - A federal judge in Missouri on Nov. 22 indicated that he would recalculate prejudgment interest to be $12.2 million in a total damages award of $99.4 million in favor of insolvent funeral insurers' receiver and state insurance guaranty associations in a dispute regarding allegations over the mishandling of the insurers' funds (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Dec. 5 dismissed a runoff insurer's claims for civil conspiracy, contribution and indemnity and unjust enrichment against an investment bank and a financial services company because the runoff insurer failed to assert sufficient allegations to support them in a dispute concerning the investment of $320 million in a failed Ponzi scheme; however, the judge allowed aiding and abetting claims to survive (In re Platinum-Beechwood Litigation, No. 18-6658, Senior Health Insurance Company of Pennsylvania v. Lincoln International LLC, et al., No. 19-07137, S.D. N.Y., 2019 U.S. Dist. LEXIS 210412). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - A federal judge in Puerto Rico on Dec. 4 dismissed an insolvent insurer's dispute over $150 million in losses from two hurricanes against its reinsurers and ordered the parties to proceed to arbitration pursuant to the clauses in the reinsurance contracts (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' BATON ROUGE, La. - In a workers' compensation dispute, a Louisiana appeals panel on Dec. 9 reversed a judgment holding that an employer and the Louisiana Insurance Guaranty Association (LIGA), substituting for an insolvent insurer, are not responsible for medical expenses associated with a recommended surgery (Ronny Crowder v. Statewide Transport, Inc., et al., No. 2018 CA 1781, La. App., 1st Cir., 2019 La. App. LEXIS 2237). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' BRIDGEPORT, Conn. - Citing an insurer's restraining order, a reinsurer, the insurer and affiliates in a Nov. 21 letter request that a Connecticut federal judge stay an insured's case over alleged violations of Connecticut insurance, unfair trade practice and securities laws concerning workers' compensation insurance programs (Charter Oak Oil Co. Inc. v. Applied Underwriters Inc., et al., No. 17-00689, D. Conn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' GRETNA, La. - The Louisiana Insurance Guaranty Association (LIGA) failed "to present clear and unequivocal proof" that an insolvent insurer satisfied the requirements of Louisiana Revised Statutes Section 9:3550 for proper cancellation of an automobile insurance policy for nonpayment of a premium, a Louisiana appeals panel ruled Dec. 4 (Lucy Benitez v. Ahmed Elsayed, et al., No. 19-CA-122, 2019 La. App. LEXIS 2189). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A majority of a Louisiana appellate panel on Dec. 4 held that an insured's appeal in a coverage dispute with his insolvent insurer over an auto accident was not timely filed and, thus, there was no jurisdiction to consider the merits (Gerald J. Calogero v. USA Agencies Casualty Insurance Company, Inc., No. 2019-CA-0347, 2019 La. App. LEXIS 2184). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Nov. 19 ordered a runoff insurer to pay $467,795.32 to plaintiffs after reconsidering a previous order and set forth the procedures for advancement of fees and expenses under investment management agreements (IMAs) for third-party actions arising out of the runoff insurer's initial fraud lawsuit over the mismanagement and misuse of $320 million (In re: Platinum-Beechwood Litigation, No. 18-6658, B Asset Manager L.P., et al. v. Senior Health Insurance Company of Pennsylvania, No. 19-4487, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Nov. 19 denied reconsideration of a decision to defer ruling on an investment company's former executive's post-acquittal relief for advancement of $708,784.77 in legal fees and costs from a runoff insurer because the executive fails to meet the strict standard for reconsideration (In re: Platinum-Beechwood Litigation, No. 18-6658, David Levy v. Senior Health Insurance Company of Pennsylvania, No. 19-3211, S.D. N.Y., 2019 U.S. Dist. LEXIS 201679). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' MINNEAPOLIS - A trial court properly analyzed all eight factors in awarding a terminated law firm a portion of a $21.5 million settlement an asbestos trust received in an insurance dispute, a Minnesota appeals court held Dec. 2 (Faricy Law Firm PA v. API Inc., Asbestos Settlement Trust, No. A19-0846, Minn. App., 2019 Minn. App. Unpub. LEXIS 1118). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2012%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - Finding that a settlement agreement was never approved by the court, a federal judge in Puerto Rico on Nov. 25 denied insureds' request to exclude certain settling insurers in an award of summary judgment to the Joint Underwriting Association (JUA) and to other insurers, including some that are in liquidation, on class action allegations of violations of the Racketeer Influenced and Corrupt Organizations Act (Noemi Torres Ronda, et al. v. Joint Underwriting Association, et al., No. 11-1826, D. Puerto Rico). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2013%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' HARRISBURG, Pa. - In the liquidation proceedings of Reliance Insurance Co., a Pennsylvania judge on Dec. 4 approved the 100 percent distribution on class (b) and (c) notices of determination and approved an estimated claims value process for certain class (e) proofs of claim (In re: Reliance Insurance Co. in liquidation, No. 1 REL 2001, Pa. Cmwlth.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2014%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York justice on Nov. 20 ordered interested parties to show cause why he should not approve a procedure for judicial review of recommended classifications and adjudications of claims in an insurer's liquidation and why he should not appoint a referee to hear and report on objections (In re Atlantis Health Plan Inc., No. 450297/19, N.Y. Sup., New York Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-8%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2015%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' REDWOOD CITY, Calif. - A California judge on Nov. 4 appointed the state's insurance commissioner as conservator of California Insurance Co. (CIC) and enjoined all litigation involving the insurer (Insurance Commissioner of the State of California v. California Insurance Co., No. 19CIV06531, Calif. Super., San Mateo Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%201%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA) never appropriated funds for the risk corridor, and congressional action later limited how the program would function, dooming insurers' suit seeking billions of dollars from the government, an amicus curiae told the U.S. Supreme Court on Oct. 25 on the heels of the government's Oct. 21 respondent brief (Land of Lincoln Mutual Health Insurance Co. v. United States, No. 18-1038, Moda Health Plan Inc., et al. v. United States, No. 18-1028, Maine Community Health Options v. United States, No. 18-1023, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%202%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - In a case of first impression in California, a state appeals panel on Oct. 30 found, for the purpose of excess insurance, that a trial court has jurisdiction to characterize an employee's injury under an insolvent insurer's excess policy differently than what was reflected in a stipulation by the Workers' Compensation Appeals Board (WCAB) (California Insurance Guarantee Association v. San Diego County Schools Risk Management Joint Powers Authority, et al., No. D074360, Calif. App., 4th Dist., Div. 1, 2019 Cal. App. LEXIS 1070). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%203%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' RALEIGH, N.C. - The North Carolina Insurance Guaranty Association (NCIGA) had statutory authority "to step into the shoes" of an insolvent insurer and be subrogated to seek reimbursement from a regional worker staffing company regarding a policy's deductible amount, a North Carolina appeals panel ruled Nov. 5 (North Carolina Insurance Guaranty Association v. Weathersfield Management, LLC, No. COA19-300, N.C. App., 2019 N.C. App. LEXIS 883). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%204%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' HARRISBURG, Pa. - An insurer's liquidator had authority to intercept a $1 million settlement check intended for delivery to a plaintiff in a New Jersey civil action brought against the insurer and its insureds, a Pennsylvania judge ruled Oct. 17 (Jessica K. Altman v. Daniel Kyler, No. 1 HPI 2018, Pa. Cmwlth., 2019 Pa. Commw. LEXIS 1011). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%205%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' KANSAS CITY, Mo. - The receiver for an insolvent insurer argues in an Oct. 15 brief to a Missouri appeals court that a trial judge was correct in denying motions filed after the insurer's estate was closed because the judge had no jurisdiction to decide the matter (Arthur A. Blumeyer III v. Chlora Lindley-Myers, et al., No. WD82921, Mo. App., Western Dist.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%206%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. THOMAS, Virgin Islands - A Virgin Islands insurance commissioner filed an accounting and status report on Nov. 4, telling a Virgin Islands federal court that $1.44 million exists in a fund for an insolvent insurer and that no new payments have been made to policyholders (In the matter of Phoenix Fire and Marine Insurance Company Ltd., No. 1991-271, D. Virgin Islands). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%207%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' TALLAHASSEE, Fla. - A Florida trial court on Oct. 25 amended an order of liquidation against the Florida Specialty Insurance Co. (FSIC) to remove any finding that FSIC through its officers or directors "willfully violated the law" or that the insurer is insolvent under the law (State of Florida, et al. v. Florida Specialty Insurance Co., No. 2019 CA 002328, Fla. Cir., Leon Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%208%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A U.S. Court of Federal Claims judge on Oct. 31 dismissed for lack of jurisdiction insolvent insurer liquidators' state law claims against the U.S. government over violation of South Carolina insurance law following the government's offset of $36 million under the reinsurance program of the Patient Protection and Affordable Care Act (ACA) (Raymond G. Farmer, et al. v. The United States, No. 18-1484, Fed. Clms., 2019 U.S. Claims LEXIS 1584). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%209%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - An investment bank and a financial services company argue in a Nov. 18 reply brief to a New York federal court that despite 18 months and the benefit of discovery, a runoff insurer fails to allege that two valuation reports prepared by them "substantially assisted" an alleged fraud or caused damage to the runoff insurer in the investment of $320 million in a failed Ponzi scheme (In re Platinum-Beechwood Litigation, No. 18-6658, Senior Health Insurance Company of Pennsylvania v. Lincoln International LLC, et al., No. 19-07137, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2010%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A runoff insurer on Nov. 4 voluntarily dismissed a third-party defendant from allegations of aiding and abetting a Ponzi-like scheme in which fraudulent misrepresentations were made to gain investment control and discretion over $320 million of the runoff insurer's reserves (In re Platinum-Beechwood litigation, No. 18-6658; Senior Health Insurance Company of Pennsylvania v. PB Investment Holdings Ltd., et al., No. 18-12018, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2011%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A runoff insurer argues in an Oct. 30 opposition brief that a New York federal judge should deny reconsideration of a decision to defer ruling on an investment company's former executive's post-acquittal relief for advancement of $708,784.77 in legal fees and costs until the U.S. government's appeal of a judgment acquitting the former executive in a related criminal action has been decided (In re: Platinum-Beechwood Litigation, No. 18-6658, David Levy v. Senior Health Insurance Company of Pennsylvania, No. 19-3211, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2012%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' AUSTIN, Texas - A reinsurer and an insolvent insurer, as debtors, ask a Texas federal bankruptcy court in a Nov. 12 brief to waive compliance requirements for $5 million in proceeds from a life insurance policy with the account where the proceeds are currently being held (In re: Capson Corp., et al., Nos. 19-10890, 19-10893 & 19-10894, W.D. Texas Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2013%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - Having completed restructuring steps, the foreign representative for an Irish reinsurer in a Nov. 5 notice seeks an order from a New York federal bankruptcy court closing the bankruptcy proceeding that recognized a foreign main liquidation proceeding concerning an alleged $1 billion deficit (In re Ballantyne Re Plc, Chapter 15, No. 19-11490, S.D. N.Y. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2014%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A New York bankruptcy judge on Oct. 8 confirmed that an automatic stay issued in a reinsurer's bankruptcy proceeding does not preclude an insurer from reimbursing defense costs (In re Beechwood Re, No. 19-11560, Chapter 15, S.D. N.Y. Bkcy.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2015%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - Insureds on Oct. 25 asked a Puerto Rico federal judge to exclude certain settling insurers in an award of summary judgment to the Joint Underwriting Association (JUA) and to other insurers, including some that are in liquidation, on class action allegations of violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act (Noemi Torres Ronda, et al. v. Joint Underwriting Association, et al., No. 11-1826, D. Puerto Rico). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2016%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - Defendants in Oct. 21 informal briefs request that the Fourth Circuit U.S. Court of Appeals reverse a recommendation to deny summary judgment in part on a special deputy receiver's claims under the Racketeer Influenced and Corrupt Organization Act alleging a scheme to defraud a multiple-employer self-insured health plan with fraudulent letters of credit (LOCs) (Michael J. FitzGibbons, et al. v. De'Shaun Williams, et al., No. 19-2049, 4th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2017%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - In a dispute arising out of a receiver's lawsuit seeking redress for damages from of a "massive fraudulent scheme" involving hedge funds, insurers on Nov. 8 inform a New York federal court that they voluntarily dismiss claims against a third-party defendant for fraudulent inducement and violations of the Racketeer Influenced and Corrupt Organizations Act after previously doing so for other defendants (In re Platinum-Beechwood Litigation, No. 18-6658, Washington National Insurance Co., et al. v. Mark Nordlicht, et al., No. 18-12018, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2018%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Nov. 12 declined to sever claims made by a runoff insurer against a defendant in two separate lawsuits arising out of allegations of a hedge fund scheme and the misuse and mismanagement of $320 million (In re Platinum-Beechwood Litigation, No. 18-6658, Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936; Melanie L. Cyganowski, et al. v. Beechwood Re Ltd., et al., No. 18-12018, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2019%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - Reinsurers on Nov. 8 joined an opposition brief arguing to a Puerto Rico federal court that an insurer's liquidator can be bound to arbitration clauses in the insurer's reinsurance agreements in a dispute over $150 million in losses from two hurricanes (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2020%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' HARRISBURG, Pa. - A Pennsylvania federal judge on Nov. 4 issued a protective order on discovery in the Pennsylvania Professional Liability Joint Underwriting Association's (JUA) dispute against the state's governor over recent legislation affecting the JUA (Pennsylvania Professional Liability Joint Underwriting Association v. Tom Wolf, No. 19-1121, M.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=31-7%20Mealey%27s%20Litig.%20Rep.%20Ins.%20Insolv.%2021%20(2019)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - A federal judge in Puerto Rico in a Nov. 6 docket entry denied, without explanation, a request by the Puerto Rico insurance commissioner and deputy commissioners to reconsider an order certifying their appeal as "frivolous" in a lawsuit alleging civil conspiracy to deprive constitutional rights to an insolvent insurer's owners (Victor J. Salgado and Associates Inc., et al. v. Javier Rivera-Rios, et al., No. 19-1663, D. Puerto Rico).