Neb. Federal Judge Denies Motion for Summary Judgment in Applied Underwriters Case

OMAHA, Neb. — A Nebraska federal judge has denied a motion for summary judgment filed by a former Applied Underwriters plan participant accused of breaching a reinsurance participation agreement, ruling that there are genuine issues of material fact as to the amount due under the agreement.

On Dec. 6, Judge John M. Gerrard of the U.S. District Court for the District of Nebraska also denied the defendants’ motion to exclude the testimony of an actuary, ruling that plaintiff Applied Underwriters Captive Risk Insurance Company Inc. was not required to disclose her as an expert witness.

On August 15, 2013, Beemac …