Unjust Enrichment Claim Survives Dismissal Motion in Neb. Applied Underwriters Case

OMAHA, Neb. — A Nebraska federal judge has allowed an unjust enrichment claim to proceed against Applied Underwriters Inc. and its captive reinsurer Applied Underwriters Captive Risk Assurance Company Inc. (AUCRA) in a lawsuit targeting a reinsurance participation agreement (RPA) in their “EquityComp” workers’ compensation program.

On Dec. 12, Judge John M. Gerrard of the U.S. District Court for the District of Nebraska found the plaintiff, Coyle Trucking Inc., plausibly alleged that the RPA violates public policy and is therefore void. The judge explained that “unjust enrichment can occur when parties exchange a benefit outside of a contract.”

Coyle, a …