On April 13, 2016, we reported on Select Insurance Company’s successful motion for pre-pleading security against Excalibur Reinsurance Corp., pursuant to Connecticut law. Excalibur filed a motion for reconsideration, which the Magistrate has now denied. The court rejected on procedural grounds Excalibur’s new argument that, because Connecticut law did not deem Select Insurance Co. a Connecticut citizen, Select should not be permitted to invoke the Connecticut pre-pleading statute. The court also rejected Excalibur’s citation to certain Connecticut case decisions as dicta. The court concluded: “In the March 2016 Ruling, this Court held that the language of the Connecticut Security Statute does not address the citizenship of the moving party, nor is there Connecticut case law to the contrary; the Court relied on controlling law in this district in interpreting Connecticut’s Security Statute … and the wording of the Security Statute itself. There is no basis for reconsideration of the March 2016 Ruling on these issues.” Select Insurance Co. v. Excalibur Reinsurance Corp., Case No. 3:15-cv-00715 (D. Conn. May 10, 2016).
This post written by Joshua S. Wirth.
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