STORY FROM: Reinsurance & Arbitration

N.Y. Federal Judge Transfers Applied Underwriters Case to Nebraska

NEW YORK — A New York federal judge has transferred a dispute arising from Applied Underwriters Inc.’s “EquityComp” workers’ compensation program to Nebraska pursuant to a forum selection clause in a related reinsurance participation agreement.

In a July 19 order, Judge Pamela K. Chen of the U.S. District Court for the Eastern District of New York rejected the plaintiff insured’s argument that transferring the case would violate New York public policy, ruling that no such policy exists.

In February 2016, AGL, a steel fabricator and erection contractor, entered into AUI's EquityComp workers’ compensation program, which was structured as a traditional ...

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Allyn & Fortuna
Wilson Elser Moskowitz Edelman & Dicker

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