Reinsurer Seeks Dismissal of Action Involving Mine Subsidence Reimbursement Claims
January 4, 2021
- Motion to Dismiss
SPRINGFIELD, Ill. — Illinois Mine Subsidence Insurance Fund (IMSIF) has moved to dismiss a lawsuit in which Union Pacific Railroad Co. seeks to bar the reinsurer from suing it for reimbursement for mine subsidence claims, arguing there is no basis for the application of res judicata or collateral estoppel.
In a Dec. 28 motion filed in the U.S. District Court for the Central District of Illinois, IMSIF contends that neither doctrine applies to it as a subrogee of the property owners whose subsidence claims it has reinsured.
“The doctrines do not apply, and the relitigation exception therefore does …