OMAHA INDEMNITY COMPANY ET AL V ROYAL AMERICAN MANAGERS INC ET AL

(1991) 1 Re LR 168

United States District Court Western District of Missouri Western Division

Before District Judge D Brook Bartlett

Underwriting agent - Duty of care - Treaty quota share business - Duty to monitor business and require periodic audits of ceding company’s underwriting, reporting and claims practices and procedures - Documentation of pre-acceptance procedures and post-acceptance monitoring - Whether managing agent’s president had actual knowledge of failure to perform proper procedures and participated in, directed and supervised inadequate procedures - Whether fiduciary relationship existed between agent and reinsurer - Causation.