According to the amended counterclaim, the following occurred. UniGroup is a Missouri corporation with its principal place of business in Fenton, Missouri, and AUS is a Georgia limited liability company with its principal place of business in Kennesaw, Georgia. On some occasions, Vanliner took over a year to provide AUS with audits necessary to collect premiums.
Vanliner Insurance Company, Counterclaim defendant.
The contract also provided notice procedures for AUS in the event of uncollectible premium payments. Plaintiff UniGroup attached the assignment agreement as an exhibit to its amended complaint.
The assignment agreement states: Occasionally, insureds went out of business or filed for bankruptcy by the time AUS received an accurate audit, rendering premiums uncollectable. The memorandum filed by AUS in support of its motion for leave to file the amended counterclaim did not change its opposition to the motion to dismiss filed by UniGroup, with AUS seeking the same relief from both counterclaim defendants that it originally sought only from UniGroup.
UniGroup and Vanliner argue that these allegations are immaterial and impertinent to the claims and affirmative defenses because they incorrectly imply that the contract required Vanliner to permit a one-year renewal method.
On August 9,UniGroup amended its complaint. Finally, AUS would pay the net premium amount received from the sub-producer to Vanliner less its commission. AUS alleges breach of contract and breach of the implied covenant of good faith and fair dealing against UniGroup and Vanliner.
AUS argues that this allegation arises as a matter of law from the language of the contract. Throughout their relationship, AUS notified Vanliner of inaccurate or untimely audits and submitted requests for information from Vanliner, which were ignored.
Counterclaims of AUS against Vanliner The parties dispute whether the express contract or implied covenant of good faith and fair dealing required Vanliner to permit AUS a one-year renewal period. Contract interpretation is a question of law.
After receipt of the audit, AUS was to send the audited premium due to its sub-producer, who then would bill the insured directly.
However, in the facts alleged in this case, a presumption does not arise, because the assignment language before the court uses terms that are not general but specifically refer only to causes of action against AUS for a particular purpose.
Unigroup and Vanliner reply that the motion to strike is proper because they seek to strike only specific allegations rather than to dismiss any claim. AUS seeks actual damages, costs, attorney fees, and prejudgment and post-judgment interest.
The relevant contract language is as follows: UniGroup and Vanliner argue that neither the express contract nor the implied covenant of good faith and fair dealing required Vanliner to allow AUS a renewal period. UniGroup moves for dismissal, arguing that Vanliner did not delegate its contractual duties or obligations to UniGroup.
Since at leastAUS and Vanliner maintained an ongoing business relationship. This is a sufficient showing of prejudice. Alternatively, AUS argues that the court should treat the motion to dismiss as a motion for summary judgment and deny the motion as premature.
Vanliner and UniGroup state that the allegations regarding the one-year renewal are prejudicial because they would require Vanliner and UniGroup to unnecessarily expend time and money conducting discovery on irrelevant issues.
Louis, MO, for Counterclaim defendant.
Additionally, the assignment agreement is incorporated by reference and is integral to the standing of UniGroup to assert the breach of contract claim.
Throughout their business relationship, Vanliner knew AUS acted as a wholesale broker with policies underwritten by Vanliner. Louis, MO, for Plaintiff. At that time, Vanliner was a wholly owned subsidiary of UniGroup.View company leaders and background information for American Underwriting Services, LLC.
Search our database of over million company and executive mi-centre.comd: Aug 23, Find the American Underwriting Services, LLC business page in Kennesaw, GA. Explore the GA Credibility Review business directory at mi-centre.comon: Roberts Boulevard, Kennesaw,GA.
There are 21 companies that go by the name of American Underwriting Services, LLC in Albany NY, Atlanta GA, Baltimore MD, Bismarck ND, Boston MA, Casper WY, Location: GA. View prosight specialty management company, inc.
et al v. american underwriting services, llc et al: southern district of new york various court filings, court venue of filed actions, upcoming trials or motions on calendar and post comments or questions.
American Underwriting Services, LLC, Kennesaw. American Underwriting Services, LLC is a program underwriter based in Atlanta, Georgia, with a staff.
Petition Voluntary Petition (Chapter 11) for Non-Individual Fee $Filed by Anna Mari Humnicky of Small Herrin, LLP on behalf of American Underwriting Services, LLC.
Chapter 11 Plan due by 9/17/Download