Conn. Federal Judge Refuses to Transfer Applied Underwriters Lawsuit to Nebraska

BRIDGEPORT, Conn. - A Connecticut federal judge has refused to transfer a lawsuit against Applied Underwriters Inc. (AUI) and its affiliates to Nebraska, ruling that the forum selection clause in a related reinsurance participation agreement does not apply.

In addressing AUI's motion for reconsideration, Judge Stephan Underhill of the U.S. District Court for the District of Connecticut explained in a Feb. 26 order that the claims do not originate from the RPA. Rather, they address deceptive behavior predating the RPA and are not "related to" that agreement, the judge said.

AUI marketed the EquityComp program to businesses throughout Connecticut as …