STORY FROM: Reinsurance & Arbitration

Conn. Federal Judge Transfers Applied Underwriters Case to Nebraska, Citing 'First-To-File'

HARTFORD, Conn. - A Connecticut federal judge has transferred to Nebraska a breach of contract action filed by Applied Underwriters Captive Risk Assurance Co. pursuant to the "first-to-file" rule, in light of parallel litigation in that state.

On Jan. 16, Judge John M. Gerrard of the U.S. District Court for the District of Connecticut held that while the Nebraska case involves different allegations, it includes the same parties and the allegations in the two complaints "substantially overlap."

In 2013, Aiello Home Services obtained workers' compensation insurance through the "EquityComp" program provided by Applied Underwriters Inc., and its affiliates, California Insurance ...

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Elser Moskowitz Edelman & Dicker
O'Sullivan McCormack Jensen & Bliss

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