Applied Underwriters Investigations

Our coverage is listed below with the newest coverage at the top.

Applied Underwriters’ Sale Moving

Berkshire Hathaway plans to offload a key workers' comp subsidiary. What’s the latest in the sale of Applied Underwriters?

Applied Underwriters Losing, Settling Multiple EquityComp Disputes

What’s the latest from the continuing battle lines between employers and Applied Underwriters EquiyComp Program? New cases are being filed - and won - all the time. A new decision is in and another settled. Get the latest developments by clicking here.

Applied Underwriters Loses On Arbitration – Again

Why did a court of appeal say Applied Underwriters can’t enforce an arbitration clause? Get the details here.
CDI Finds they Overcharged Employer…

Applied Underwriters Ignored X-Mod Change

An Applied Underwriters company’s failure to file key documents has it in trouble again with state regulators. What was kept from the California Department of Insurance and how did it impact what one employer had to pay? Get the story here.

NJ Notices Suspension of Applied Underwriters

New Jersey’s Insurance Commissioner is taking on Applied Underwriters over its unfiled and unapproved reinsurance participation agreements. What are the potential penalties and when might they take effect? Get the details here.

Applied Underwriters’ Reportedly For Sale

Has Warren Buffett tired of the shenanigans at his troubled Applied Underwriters subsidiary? The unit has been making headlines for all the wrong reasons and a new report says a split is coming. Click here.

Applied Underwriters Appeals Again To California Supreme Court

The Berkshire Hathaway subsidiary is going back to the California Supreme Court again. How many times is it now and will the outcome be any different than before? Get the details here.

Ninth Circuit Kicks Applied Underwriters’ Trademark Infringement Lawsuit

The verdict is in and the Ninth Circuit backed the little guy in a fight brought by Applied Underwriters and its parent Berkshire Hathaway. Get the full details by clicking here.
Forced To Make Refunds…

Applied Underwriters’ EquityComp RPA Voided Thrice Over

It’s one, two, three strikes you’re out for Applied Underwriters in recent decisions at the California Department of Insurance. Dozens of others are waiting in the wings. What are the key takeaways? Get the story here.

Applied Underwriters’ Can’t Force Arbitration

Court decisions against Applied Underwriters EquityComp Program and its unfiled and unapproved EquityComp reinsurance participation agreement are stacking up. Employers are beginning to see money results and out of long-term debts. Which court just ruled against the Berkshire Hathaway subsidiary and why? Get the details here.

Applied Underwriters’ Loses Arbitration Appeal Again

Applied Underwriters found itself on the losing end of another argument over the enforceability of key provisions in its EquityComp reinsurance participation agreement. What were the court’s key take-aways? Get the story here.
Not the First Denial…

U.S. Supreme Court Rejects Applied Underwriters Again

U.S. Supreme Court backs employers in Applied Underwriters fights. What were the issues and how does it affect other fights? Get the story here.

Oral Arguments Set in Applied Underwriters’ v Providence Publications

So far, Applied Underwriters’ has lost in court every single step of the way. When are the orals?

Broker Pulled into Applied Underwriters’ EquityComp Lawsuits

Legal battles between Applied Underwriters’ and employers regarding the EquityComp program are dragging brokers deeper into the fray with steep financial implications. One broker recently got bad news from the courts. Get the details here.

CDI’s Court Clogged With Applied Underwriters’ EquityComp Cases

Employers by the dozen are aksing for the California Department of Insurance’s help in their fight with Applied Underwriters. Numerous remedies are being floated. What are they seeking? Get the details here.

Massive Appellate Loss for Applied Underwriters’

Employers fighting for their day in court with Applied Underwriters are a big step closure under the terms of a new decision. What does the Fourth District have to say about the legality of the reinsurance participation agreement in Applied’s EquityComp program? Click here for the details.
In Nebraska Supreme Court …

Applied Underwriters Loses Again

Employers were back in another court fighting a common battle with Applied Underwriters. Employers came away with a third straight win on the issue, but at what cost? Get the story here.

Applied Underwriters’ Loses Another Arbitration - Appeals

Applied Underwriters is back in the courts with a new version of an old argument. What’s at stake this time around?
Good Loss Ratio No Matter: Applied Wants More than the Max

Applied Underwriters’ Must Face Fraud Charges

Yet another California employer will get its day in court against Applied Underwriters. Why does Applied want more than the Maximum it appeared to promise? What was the premium? How much were the losses? What are the claims and where will they be heard?
Applied Underwriters’ Continuing Saga …

Court Rejects Attempts To Limit Discovery

By: Brad Cain
Employers and Applied Underwriters are sparring over discovery requests in a pair of class actions. What documents will the Berkshire Hathaway subsidiary now have to produce under court order? Get the story here.

CDI Bars Applied Underwriters’ From Re-Litigating Issues

By: Brad Cain
Applied lost another round in front of CDI’s Judge Kristin Rossi. More cases against Applied Underwriters EquityComp program will be decided faster and less expensively. What was the order and how will it speed up resolution of the disputes? More importantly what employers might it apply to? Get the story here.

Applied Underwriters Loses Two in Arbitration, Owes Employers

By: Brad Cain
Applied Underwriters forced two employers into mandatory arbitration over its EquityComp program, but the outcome was not what it expected. How much is it on the hook for?

Applied Underwriters Loses a Big One – Forced Arbitration Ruled Out

By: Brad Cain
It didn’t work when Applied Underwriters EquityComp program attempted and failed to force two more California employers into arbitration rather than duke it out in the courts. An Appellate court refused to enforce an arbitration provision – Learn why it matters and why the decision was made – click right here.

Mixed Ruling In Applied Underwriters Class Action

By: Brad Cain
The courts weighed in on another dispute between California employers and Applied Underwriters over its EquityComp and SolutionOne programs. What allegations are moving forward? Get the story here.

Troubles for Applied Underwriters in New York

By: Brad Cain
Applied Underwriters’ litigation with former clients is causing it to post millions in bonds as security deposits. How much is the Berkshire Hathaway subsidiary having to put up and where? Get the details here.
Applied Underwriters Appeals Arbitration Decision

Applied Underwriters Appeals Arbitration Decision16

Why is Applied Underwriters taking an arbitration decision to court when arbitration is what it typically pursues in disputes? Did the tables get turned? Get the story here.
Applied Underwriters’ Equity Comp Program Problems Continue...

Fights Over Applied Underwriters “Excessive” Charges Are Multiplying

By: Brad Cain
Applied Underwriters settled with the state over its EquityComp program. Its capitulation is emboldening a growing number of employers to challenge its payment demands. How and where are the finding relief? Is Applied standing by the terms of its deal? Get the latest by clicking here.

Judge Sanctions Applied Underwriters’

By: Brad Cain
Applied Underwriters’ is sanctioned by a federal court in its own backyard. What did the Berkshire Hathaway subsidiary do or not do to bring about this judicial rebuke? Get the story here.
What Really Is The Cost of Doing Business with Applied?

Applied Underwriters Appeals to Supreme Court $10,000 Case

By: Dale Debber
Applied Underwriters is continuing its fight to force a small employer into arbitration. When did the fight start and how far is Applied willing to take it? Get the latest by clicking here.
Applied Underwriters’ SolutionOne…

Court Rejects Applied’s Motions

By: Brad Cain
Another California employer in a fight with Applied Underwriters over the terms of its side agreements won a recent battle in court. Get the story here.

“Total Defeat” For Applied Underwriters’ EquityComp Program

By: Dale Debber
Rumored settlement between California Department of Insurance and Applied Underwriters is now official. CDI saiys: “Berkshire Hathaway subsidiary’s bait and switch marketing tactics halted by regulator agreement” How will this affect California employers? Get the story here.

EquityComp Settlement -Nothing For Existing Customers

By: Brad Cain
CDI and EquityComp Settlement won’t change anything for previous policyholders. Read why right here.

CDI’s Secret Deal With Applied Underwriters?

By: Brad Cain
Have California Department of Insurance and the Berkshire Hathaway subsidiary settled there differences? If so, what does this mean for insureds? Why isn’t the Department talking? Get the story here.
Void and Unenforceable as a matter of law…

Applied Underwriters’ Fights CDI Cease & Desist

By: Brad Cain
Applied Underwriters and the California Department of Insurance’s date with destiny is at hand. What are the issues on the eve of their courtroom showdown over the EquityComp program? Get the details here.

APPLIED: Class Action Against Applied Underwriters Approved

By: Brad Cain
Applied Underwriters is in even more trouble. This time in New York. It is facing another class-action lawsuit over its use of unfiled and unapproved reinsurance participation agreements (RPAs). What the judge in New York said is very interesting. Get the story here.

Court Rejects Applied Underwriters Stay Request

A court holds that Applied Underwriters’ EquityComp Program remains void and unenforceable. It is under a cease and desist order. Find out why and how and more importantly if the company is disobeying the California Commissioner.

Applied Underwriters’ Thumbs Its Nose At CDI

By: Brad Cain
Is Applied Underwriters disrespecting Insurance Commissioner Dave Jones by violating the terms of the cease and desist order it signed. A prominent attorney says it is and here’s how. Get the full story by clicking here.

CDI in Courtroom Showdown With Applied Underwriters’

By: Brad Cain
Applied Underwriters and the state are due to square off in court over Insurance Commissioner Dave Jones’ decision in the Shasta Linen case. What are the latest arguments refuting Applied’s allegations of harm and loss? Get the details here.

EquityComp’s Questionable Legality Losing Business for Applied

By: Brad Cain
Applied Underwriters is continuing its fight with Insurance Commissioner Dave Jones over its EquityComp program, but the fight is taking a toll. What’s been the overall impact? Get the story here.

Applied’s Troubles Generate National Coverage

Applied Underwriters is in the news again and this time its national news. What’s the latest in its on-going fights with regulators and policyholders? Get the details here.

Applied Appeals To Avoid Arbitration

By: Brad Cain
Applied Underwrites found itself in court recently arguing against arbitration in one of its disputes with a former insured. Why and how did the shoe end up on the other foot? Get the story here.

A M Best Says Outlook Negative For Applied Underwriters

By: Brad Cain
A key rating agency issued a negative warning about Applied Underwriters’ and its workers' comp carriers. What concerns analysts at A.M. Best about the future of Applied Underwriters’ and its ties to Berkshire Hathaway? Get the details here.
Applied Underwriters – Continuing Investigation …

Applied In Apparent Violation of CDI Consent Decree

By: Brad Cain
Has Applied Underwriters found a way around a key provision of the consent order it signed with the California Department of Insurance? Department officials say they are looking into the company’s change in behavior.

Applied’s SolutionOne Targeted in New Lawsuit

By: Brad Cain
Applied Underwriters is being sued by another employer over its use of unfiled and unapproved reinsurance participation agreements (RPAs). This time it’s the SolutionOne program. And there is a unique damages theory. The case also raises new questions about where the money goes once employers pay into the program. Get the details here.

Applied Knuckles Under On Unfiled RPAs

By: Brad Cain
Applied Underwriters EquityComp Program is effectively dead in California. Applied agreed to and signed a “Stipulated Consent Cease and Desist Order” and to stop selling unfiled reinsurance participation agreements and other concessions. There are many more terms and conditions you can read right here.

Applied: CDI Backtracks On Cease & Desist Order

Applied Underwriters’ Equity Comp Program: To Cease and Desist or Not to Cease and Desist? Yes appears to be the answer although to which is the question. To find out what the confusion and disarray are about click here

Applied: And A Fight Breaks Out!

Applied Underwriters is making bold moves to protect its interests. But are the veracity of all of its its assertions accurate? The Department has responded it its own fashion, and its sticking to the legality of the cease and desist. Others question the facts in the fact sheet and more … Get the story here …

Market Alert Berkshire Cos is Now Competing with Applied

Other Berkshire Hathaway carriers can now write business coming out of Applied Underwriters. More importantly learn the dangers lurking in the move … Click here to read this…

APPLIED ORDERED TO CEASE AND DESIST

It’s curtains in California for Applied Underwriters’ EquityComp Program in total and also for SolutionOne Program to the extent it uses unfiled agreements. The California Commissioner ordered it cease and desist selling new and renewal programs.

A Defiant Applied Underwriters Continues On

By: Dale Debber
The controversy continues as Applied Underwriters' figuratively flips off the Department - you'll have to read it to believe it. Click here ...
For Selling the Applied Underwriters Deal…

Shasta Linen Settles With Broker

By: Brad Cain
Another broker who sold its client Applied Underwriters’ EquityComp Program has settled the lawsuit filed against it. This is not the first broker to settle and likely won’t be the last. Read about it here

Commissioner: Applied Underwriters’ Mislead Department

Applied Underwriters EquityComp Program has been termed illegal by California Insurance Commissioner Dave Jones. Here are the details of his announcement and links to the pertinent documents.

Applied Underwriters' Accounting Challenged in Lawsuit

By: Brad Cain
Applied Underwriters’ Equity Comp program is being sued again and this time the insured is trying to find out how Applied calculates bills. It might not be so easy. Click here to see the gory details …

Applied Underwriters Hit With $100M Class Action

By: Brad Cain
Applied Underwriters is facing another lawsuit over its EquityComp program. Are you covered by the proposed class action lawsuit? Find out by clicking here.

Vermont Bans Applied Underwriters’ SolutionOne

Vermont has forced Applied Underwriters SolutionOne program to stop writing business and to make refunds. Read about its latest regulatory run in right here right now…

Oh No! SolutionOne Too?

By: Brad Cain
Applied Underwiters’ isn’t just in trouble for its EquityComp program. It’s SolutionOne program now has similar issues plus a big lawsuit asking for punitive damages. Read it here …

Make Applied Underwriters’ EquityComp Decision Precedential, Lawyer Urges CDI

Calls to make the Departments decision in Applied Underwriters EquityComp precedential so it applies to all employers are being sent to the Department.

Voided Applied Underwriters EquityComp RPA Update

By: Brad Cain
What is the story with the California Department’s decision declaring the RPA void? – Does it or doesn’t it apply to only one insured? Here’s the knowledge you need. Click here …

CDI Voids Applied Underwriters’ EquityComp Program RPA

By: Brad Cain
Applied Underwriters’ Equity Comp program’s main contract, the Reinsurance Participation Agreement has been deemed void by the CDI because it has not been filed and approved. This was a victory for California employer Shasta Linen in a case before the Department.
Missing the Point on Applied Underwriters’ EquityComp Program

CDI Side Agreement Regs Deadline Looms

By: Brad Cain
Is the California Department of Insurance “behind the curve” on its file and approve regulations for workers' comp collateral agreements? One insider thinks so. Will the Department remedy the issue? Get the story here.

Applied Attempts & Fails To Silence Webcast

By: Dale Debber
Applied Underwriters sued Workers' Comp Executive to prevent the upcoming webcast about its Equity Comp program. The Court refused to issue a Temporary Restraining Order. Will they try again? Here's Dale's take on some of the details of the lawsuit – which we'll share if you want to read it. (Oh and the webcast is still going on …)

EquityComp Program Subject Of Industry Webinar

By: Brad Cain
Applied Underwriters EquityComp workers’ comp program is the focus of a new industry webinar for brokers and employers. What do you need to know about the ins and outs of this program?

Applied Underwriters Facing Another Employer Lawsuit

By: Brad Cain
Applied Underwriters is facing another lawsuit over its EquityComp program. Who is the plaintiff this time and what are the common complaints? Premium subscribers can find out right here right now…

Carriers Attack CDI Side Agreement Rules

By: Brad Cain
The California Department of Insurance is determined to protect consumers, including business consumers by creating regulations consistent with California law that requires carriers file and get approved collateral or side agreements that modify policies before they are used. Carriers remain opposed to proposed rules that level the playing field between them and employers and provide clear guidelines for modifying workers' comp policy terms. How close is the Department to wrapping up the issue? Get the latest here.

ALJ Considers Legality of Applied Underwriters’ EquityComp

By: Brad Cain
Many other cases in courts around the country are seeking the same declaration that the RPA is void and unenforceable as well as damages. Workers’ Comp Executive will have more stories in the coming weeks about the other lawsuits.

APPLIED: Broker Lawsuits Tied To Controversial EquityComp Deals

By: Brad Cain
A controversial workers' comp program was already generating lawsuits against the carrier but now brokers are beginning to feel the heat. What are the allegations being levied against the brokers? Get the details here.

Carriers Consolidating Portend Profits

A new report says the insurance industry is ripe for a new wave of consolidations. What's driving the deals and how are they lining up?

APPLIED: Decision Over Unfiled Agreement Due Soon

By: Brad Cain
Is a decision in a long-running dispute between Berkshire Hathaway's Applied Underwriters and a Sacramento-area employer in the offing. Get the latest in the fight over unfiled collateral agreements by clicking here.
Special in-depth reportage

Federal Judge Rules Unfiled Side Agreements Illegal

By: Brad Cain
A federal judge issues a key ruling on the legality of side agreements to California workers' comp policies. When are they enforceable and what is the deciding factor? The Department also chimes in on the importance of the decision. Get the story here.
Investigation: Multiple Lawsuits Pending…

APPLIED: Filed Rates Have No Impact On What Client Pays

By: Brad Cain
Applied Undewrwriters EquityComp program is under fire and the some of the testimony is stunning. Click here

Fraud Case Filed Against Applied Underwriters EquityComp

By: Brad Cain
Applied Underwriters is facing fraud allegations from a California employer regarding its EquityComp program. What is the employer alleging and how will the case be resolved? Get the details here.

Berkshire Hathaway’s EquityComp Program Problems

By: Brad Cain
Applied Underwriter’s EquityComp Program is challenged. A California employer makes allegations of rate fluctuations and loss development factor changes. Are your clients affected? Find out what some say are serious issues with the program, click here …