N.Y. Appellate Court Upholds Dismissal of Action Challenging Reinsurance Participation Agreement

NEW YORK — A lawsuit accusing Applied Underwriters Inc. and its captive reinsurer of fraudulently inducing companies into entering a reinsurance participation agreement (ROA) as a condition of a workers’ compensation insurance program must be heard in Nebraska, a New York appellate court has ruled.

On April 25, the New York Appellate Division, 1st Department, found the forum selection clause in the RPA is controlling and requires any challenges to the RPA to be resolved by Nebraska courts.

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