Neb. Federal Judge Allows Applied Risk to Add Defendant in Breach of Contract Action

OMAHA — A Nebraska federal judge has allowed Applied Risk Services Inc. (ARS) to add a defendant in its lawsuit accusing a company of breaching a reinsurance participation agreement with Applied Underwriters Captive Risk Insurance Company Inc. (AUCRA), ruling that such an amendment would not cause “undue delay.”

However, in the May 26 order, Judge John Gerrard of the U.S. District Court for the District of Nebraska denied ARS’s motion to change the plaintiff to AUCRA, ruling that ARS may move to substitute AUCRA as plaintiff pursuant to Federal Rule of Procedure 17(a).

According to the Feb. 4 first amended …