Applied Underwriters Objects to Order Allowing Top's to Assert Class Action Counterclaim

OMAHA, Neb. - Applied Underwriters Inc. (AUI) has objected to a Nebraska federal magistrate judge's order allowing Top's Personnel Inc. to assert a class action counterclaim accusing AUI of fraudulently inflated premiums for workers' compensation insurance, arguing that AUI's motion to amend was untimely.

However, Top's asserts in its Feb. 14 reply that the magistrate judge's order was proper because AUI has consented twice to the amendment of the U.S. District Court for the District of Nebraska's scheduling order to allow Top's to file the motion for leave to amend.

Applied Underwriters Captive Risk Assurance Company Inc. (ACURA) and Top's …