Cedent Wins Breach Of Contract Claim Against R & Q Reinsurance

Cedent Wins Breach Of Contract Claim Against R & Q Reinsurance
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Cedent Wins Breach Of Contract Claim Against R & Q Reinsurance

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A Wisconsin federal district court granted summary judgment in support of complaintant, Employers Insurance Provider of Wausau, and against its reinsurer, R&Q Reinsurance Company, on Employers’ declare that R&Q breached its agreement by failing Employers for individuals claims compensated Employers to the insureds. R&Q unsuccessfully maintained that Employers couldn’t combine its indemnity payments and defense expenses which must have calculated the defense expenses while using ratio terms provided around the certificate of insurance. A Legal Court could not agree, discovering that the reinsurance agreement didn’t separate indemnity and defense expenses, that have been covered underneath the agreement, so that Employers wasn’t needed to calculate the defense expenses differently from the actual way it calculated the indemnity payments. A legal court also rejected R&Q’s argument that Employers had unsuccessful to create sufficient evidence to show that it is payments exceeded the retention amount. A legal court discovered that R&Q’s argument was precluded by R&Q’s failure to provide contrary evidence on summary judgment in which a party should do greater than speculate that other evidence supporting its situation may exist. A legal court did, however, look for a factual issue existed regarding the calculation of prejudgment interest and denied Employer’s motion for summary judgment accordingly. Employers Insurance Provider of Wausau v. R&Q Reinsurance Company, Situation No. 13-cv-709-bbc (USDC W.D. Wis. This summer 28, 2014).

 

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