Neb. Federal Judge Orders Policyholder to Pay Applied Underwriters $166,202

OMAHA, Neb. — A Nebraska federal judge has ordered Top’s Personnel Inc. to pay Applied Underwriters Inc. $166,202.65 in past due workers’ compensation premiums pursuant to a promissory note, ruling that the court cannot “reopen or look behind” the parties’ unconditional agreement.

However, in the Aug. 2 order, Judge John M. Gerrard of the U.S. District Court for the District of Nebraska added that Top’s can still potentially prevail on its class action claims against AUI.

Applied Underwriters Captive Risk Assurance Company Inc. (ACURA) and Top's Personnel Inc. entered into a reinsurance participation agreement (RPA) on Dec. 14, 2011, which …