Party Seeks Ramos' Recusal in Horace Mann Suit

, Commercial Litigation Insider


Ramos must enter a decision on the motion soon—oral arguments on summary judgment from both sides are scheduled for Feb. 27.

The dispute arose from Horace Mann's settlement with two former students in the course of a March 2013 mediation concerning allegations of sexual misconduct perpetrated in the 1990s.

The insurers, referring to the proceeding as producing "stealth, yet inflated settlements of the stale claims," contend they have no duty to indemnify the school since no judge made a finding of liability, and that they did not consent to the settlement since the claims are time-barred by a three-year statute of limitations.

Horace Mann countered that the claims are permitted through equitable estoppel, which tolls the statute of limitations.

The insurers also claim they were prohibited from attending mediation proceedings because they refused to consent to Horace Mann's "overbroad confidentiality terms" which would have prohibited the insurers from using basic claim information arising from these talks for future litigation.

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