STORY FROM: Reinsurance & Arbitration

Reinsurer Moves to Dismiss Amended Complaint for Lack of Jurisdiction

WEST PALM BEACH, Fla. — A reinsurer has moved to dismiss a cedent’s amended complaint seeking payment of a $139,000 claim made under an excess reinsurance agreement, arguing the Florida federal court lacks subject matter jurisdiction because both parties are alien corporations.

In a Sept. 13 motion filed in the U.S. District Court for the Southern District of Florida, BF&M Life Insurance Company Ltd. explained the plaintiff, Texas citizen VIP Universal Medical Insurance Group Ltd., is not completely diverse from BF&M, which is a foreign citizen. Section 1332(a) does not confer subject-matter jurisdiction in actions between one alien party and ...

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