Health Insurer Refutes Swiss Re’s Counterclaims in $1.8 Million Reinsurance Case

PORTLAND, Ore. — A health insurer has asserted affirmative defenses against Swiss Re Life & Health America Inc.’s counterclaims for $321,962 in payments it made under a 2016 reinsurance agreement.

In a Feb. 6 answer filed in the U.S. District Court for the District of Oregon, Moda Health Plan Inc. contends that Swiss Re’s counterclaims fail to plead facts sufficient to state claims upon which relief can be granted. Moda also asserted affirmative defenses of unclean hands, estoppel, laches and offset.

Moda entered into an excess of loss reinsurance agreement with Swiss Re, effective Jan. 1, 2016. The parties renewed …