Plaintiffs Say Bad Faith, Breach of Contract Claims Against Reinsurer Not Preempted
December 28, 2020
MIAMI — The plaintiffs in a lawsuit seeking coverage for a deadly Columbian plane crash are urging a Florida federal judge to remand their action to state court, arguing that their proposed claims against Tokio Marine Kiln Syndicates Ltd. are not preempted by federal law.
In a Dec. 3 brief filed in the U.S. District Court for the Southern District of Florida, plaintiffs contend that Tokio Marine’s removal of the action was improper because their claims do not fall under the Montreal Convention, which only applies to claims against cargo carriers.
A plane that was carrying the Brazilian Chapecoense …