Applied Underwriters Says Promissory Note Dispute Should be Litigated, Not Arbitrated

OMAHA — Applied Underwriters Inc. (AUI) has opposed Top’s Personnel Inc.’s motion to dismiss or stay an action in which AUI seeks payment under a promissory note, asserting that the note does not contain an arbitration clause and therefore the dispute should be litigated.

In its April 15 opposition filed in the U.S. District Court for the District of Nebraska, AUI asserts that the dispute is not encompassed by an arbitration clause in a related reinsurance participation agreement because the parties in the instant action are not parties to that agreement.

Applied Underwriters Captive Risk Assurance Company Inc. (AUCRA) and …