Sunday, October 15, 2006
Nebraska supreme court does not release any opinions this week. Nebraska court of appeals affirms district court's denying arbitration defense to former director of the failed Amwest Insurance Company in suit the Nebraska Department of Insurance broughtState ex rel. Wagner v. Kay, 15 Neb. App. 85 October 10, 2006. No. A-05-130. to affirm or disavow any contracts to which the insurer is a party." The Liquidator in the present case is not seeking to enforce the agreements; but instead, he is disavowing them, which is one of his express powers. There is nothing in the record to indicate that the Liquidator adopted any of the agreements or expressly assumed the liabilities contained therein. To allow Scheiner to have her action "'decided privately and separately from [her] fellow officers when the [L]iquidator has disavowed the [agreements] is contrary to the interests of insureds, claimants, creditors, and the public generally.'
Posted by stan_sipple at 9:07 PM