Neb. Appeals Panel Reverses Dismissal of Applied Underwriters Action

OMAHA, Neb. — A Nebraska appellate panel has reversed dismissal of an action involving an Applied Underwriters Equity Comp workers’ compensation program and a related reinsurance participation agreement, ruling that the trial court should have stayed the action pending the plaintiff’s attempt to refile in New York.

In an April 6 opinion, the Nebraska Court of Appeals panel explained that the trial court abused its discretion when it used the public interest factors of forum non conveniens to dismiss the case without also considering whether there was a more appropriate forum available to the plaintiff.

Beginning in 2013, Milmar …