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United States District Court, D.
Paul, MN, for John B. Original and supplemental briefs have been submitted by both sides. Argument was heard on April 11, After considering these factors, the Court finds that a stay pending appeal is appropriate if, and only if, a bond is emplaced by the defendants. A district court, however, may properly stay its order pending appeal where such order involves the determination of "substantial and novel legal questions.
See also Walker v. C L Systems, Inc. The Court recognizes that the question presented in this matter is not wholly without doubt. Therefore, the Court finds that this factor narrowly supports a stay.
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The defendants argue that, should the funds be disbursed, there is a risk that one or more of the recipient companies could become insolvent. It is clear that compelling this distribution will take almost a quarter of a billion dollars out of the hands of WCRA. The parties agree that over insurance companies will share in the distribution.
It is obvious that in the event of reversal, there exists some risk that one or more of these companies will be unable to repay its distribution and replenish the WCRA fund. Having recognized the existence of this risk, the Court discounts it.
Each of the insurance companies is licensed to do business in the State of Minnesota.
At argument, each side agreed that the Minnesota Department of Commerce, which is charged with regulating the insurance industry, regularly receives state-acceptable assurances of the stability of these insurers.
From this the Court derives an assurance that, while there is not a "zero" risk, there is a high probability that the distributed sums could be returned to WCRA should this Court be reversed.
This factor weighs against a stay. Injury to the Opposing Party 4 A stay would deprive the plaintiffs of the use of the excess reinsurance funds during the lengthy course of an appeal to the Eighth Circuit or beyond. The plaintiffs argue that a stay will cost them a significant return on investment due to the "spread" between their customary return on investment and the return WCRA currently realizes on the excess premiums.
Moreover, according to the plaintiffs, a stay will deprive the recipient insurance companies of an increase in capital which would allow them to expand their underwriting activities. It is from these underwriting activities that the plaintiffs derive premium income.
Finally, the plaintiffs contend that a stay will necessarily diminish their capital base and weaken their financial standing with regulators, rating agencies, and investors. Defendants respond, first, that the current rate of return is the result of a stipulation between the parties as to the investment of the funds.
Defendants maintain that plaintiffs would not be able to consider their portion of the distribution as available income because the possibility of reversal makes the distribution a contingent fund.
Even if the February 11,Order is reversed, which is not at all a certainty, the recipient insurance companies would enjoy financial benefits from this sum.
The Court, having already determined that there is a substantial likelihood that the distributed sum would be recovered, finds that the balance of the harm weighs against a stay.
Public Interest The final factor is the public interest. The Court rejects this argument.OPEN TODAY - Visit Lumbermen's Underwriting Allnc in Edina today. Get all the facts, reviews, photos and free expert advice.
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