OHIC Seeks Dismissal of Reinsurer's $1.5 Million Counterclaim

CLEVELAND, Ohio - In an action involving one of Wisconsin's largest medical malpractice judgments, OHIC Insurance Co. seeks dismissal of a reinsurer's $1.5 million counterclaim, asserting that it is barred by the doctrine of voluntary payment. OHIC Insurance Co. v. Westport Insurance Co., No. 07-CV-1216064 (S.D. Ohio).

The counterclaim, filed by Westport Insurance Co. in the U.S. District Court for the Southern District of Ohio, is for return of $1.5 million in prejudgment interest Westport paid to OHIC under a reinsurance contract. In its Dec. 1 answer, OHIC asserts that the prejudgment interest was, in fact, covered under the reinsurance …