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(From Reinsurance)
Byline: Peter Chaffetz and Steven Schwartz.
For years, reinsurers on both sides of the Atlantic have been grappling with issues arising out of workers' compensation and similar business.
In the US, for example, losses originating in the Unicover pool have attracted attention. In London, spirals in the personal accident market have provoked numerous disputes, one of which led to the recent decision by the Commercial Court in Sphere Drake Ins. Ltd v Euro Int'l Underwriting Ltd.
In California, the workers' compensation market has spawned a variety of disputes. More than one of these cases began with the acquisition by Superior National Insurance Group, a major workers' compensation carrier in California, of Business Insurance Group (BIG), one of its competitors.
The acquisition proved disastrous. BIG's results deteriorated quickly after the acquisition, and ultimately caused the demise of Superior National.
In litigation in the federal court in Los Angeles between Superior National and BIG's seller, Foundation Health Corp. (FHC), a pair of recent decisions effectively dismissed some of Superior National's fraud claims - Superior National Ins. Group Inc v Foundation Health Care, et al, SACV-00-658-GLT (MLGx) (C.D. Ca.).