N.Y. Court Upholds Dismissal of Berkshire Hathaway from Applied Underwriters Action

NEW YORK — A New York appellate court has upheld dismissal of claims accusing Berkshire Hathaway Inc. of participating in a fraudulent workers’ compensation scheme involving a reinsurance participation agreement (RPA), finding the plaintiffs failed to allege jurisdiction over the holding company.

On March 16, the New York Appellate Division, 1st Department, said plaintiffs presented no evidence that BHI collected workers’ compensation premiums from the policyholders or exercised control over its Applied Underwriters subsidiaries.

In lawsuits filed in the New York County Supreme Court, Breakaway Courier Corp., Current Lighting & Electric Inc. and Alternative Fuels Transportation Inc., allege defendants induced …