Judge rejects bid to dismiss MRM lawsuit
Mutual Risk Management Ltd.?s lawsuit against US insurer John Hancock Life insurance Company will go before a jury in April after a judge rejected a bid to have the case dismissed.
And MRM, which went into run-off in 2003, has also been awarded more than $20 million by an arbitrator ina dispute between Hancock and a MRM subsidiary.
MRM is alleging that Hancock was instrumental in the group?s collapse when it refused make payments on insurance treaties owned by MRM ? thus forcing MRM to default.
Yesterday, MRM said Senior Judge Nancy L. Shapiro denied Hancock?s application in Federal Court in Philadelphia to dismiss the suit because it had not been brought in a timely manner.
A spokesman for MRM stated: ?We are gratified by the Court?s recognition that we are entitled to present the facts of this unfortunate situation for the jury?s consideration.?
MR said one of its subsidiaries, Legion Insurance Company, is being liquidated in Pennsylvania under the direction of Pennsylvania?s Insurance Commissioner, M. Diane Koken.
MRM said that on October 29, Commissioner Koken filed an application to have a Pennsylvania Commonwealth Court judge confirm an arbitration award entered in Legion?s arbitration against Hancock for Hancock?s failure to pay reinsurance proceeds to Legion.
?According to the application, unanimous decisions of the arbitrators awarded Legion: (1) almost $7 million in damages (inclusive of interest) and 90 percent of Legion?s attorneys? fees for amounts due under the reinsurance treaties: and (2) most recently on October 14, 2004, another $21.5 million representing consequential damages, interest, costs and attorneys? fees arising from Hancock?s wrongful conduct,? MRM said. ?The arbitrators awarded Hancock nothing on its counterclaims.?
?In a recent filing opposing the application, Hancock stated that it ?paid in full by way of wire transfer the Phase III arbitration award, including the award of interest and attorney?s fees?.
MRM said the arbitration awards establish Hancock?s unjustified conduct regarding the Legion reinsurance receivables and support MRM?s claims that Hancock?s actions were instrumental in causing significant damage to MRM.