Cedent Wins Breach Of Contract Claim Against R & Q Reinsurance


Cedent Wins Breach Of Contract Claim Against R & Q Reinsurance

A Wisconsin federal district court granted summary judgment in favor of plaintiff, Employers Insurance Company of Wausau, and against its reinsurer, R&Q Reinsurance Company, on Employers’ claim that R&Q breached its agreement by failing to pay Employers for those claims paid Employers to its insureds. R&Q unsuccessfully maintained that Employers could not combine its indemnity payments and defense expenses and that it should have calculated the defense expenses using the ratio terms provided on the certificate of insurance. The Court disagreed, finding that the reinsurance agreement did not distinguish between indemnity and defense expenses, which were covered under the agreement, such that Employers was not required to calculate the defense expenses differently from the way it calculated the indemnity payments. The court also rejected R&Q’s argument that Employers had failed to produce sufficient evidence to demonstrate that its payments exceeded the retention amount. The court found that R&Q’s argument was precluded by R&Q’s failure to present contrary evidence on summary judgment where a party must do more than speculate that other evidence supporting its case may exist. The court did, however, find a factual issue existed as to the calculation of prejudgment interest and denied Employer’s motion for summary judgment accordingly. Employers Insurance Company of Wausau v. R&Q Reinsurance Company, Case No. 13-cv-709-bbc (USDC W.D. Wis. July 28, 2014).

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2 Responses

  1. Nazih Fares says:

    nThere is no need for a ratings agency like the ESRB because local distributo1 know perfectly well which games will provoke concern, and which games will not. They self-regulate.nnAs the PR Manager for Microsoft, Disney, Capcom, Konami, NCSoft, 505 Games, Bethesda, Madcatz and Tecmo Koei in the Middle East (GCC and Levant), I would like to point out at a lot missing in this piece.nFi1t of all, we do not follow ESRB here, we follow the PEGI rating, as the stock coming to the region is European. This also helps actual local authorities to go through the games, and know which they should or should not ban for the region, as titles and stories could be offe1ive to Islamic beliefs and values. One example is the UAE’s National Media Council (NMC: http://nmc.gov.ae/en/Pages/default.aspx) which takes care of the UAE, and has banned some titles because of controve1ial topics, such as God of War (Polytheism is a big “no-no” in Islamic culture) and Grand Theft Auto (because of too much sexual reference).nNow on another note, there’s many other games that have been localized this year, and it was on request of the region’s demand and their community, such as Pro Evolution Soccer 2014, Disney Infinity, and even Disney Epic Mickey 2: The Power of Two.nFinally, over 50% of the current generation of young teenage1 speak English fluently, and some even better than a true British national, and that’s mainly because of Western influence such as TV shows, Music and yes, Videogames.

  2. Firebelley says:

    I hate when people make comments like this.nDo you honestly think that the ENTIRE team of artists and programme1 work on the same things at the same time? No. The priorities of the programme1 are much different than that of the artists. Some complex systems can take weeks to be completed on the programming side. Meanwhile DayZ can be updated with new art assets and visuals.

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