Ohic Insurance v. Employers Reinsurance Corp.

OPINION AND ORDER

JAMES L. GRAHAM, District Judge.

I. Introduction

In December 2007, plaintiff, OHIC Insurance Company (“OHIC”), filed suit in the Franklin County Court of Common Pleas against defendant Employers Reinsurance Corporation (“ERC”), now known as Westport Insurance Company. The complaint alleges that ERC breached a reinsurance contract, the Excess Cession Reinsurance Agreement dated January 1, 1994 (the “Reinsurance Agreement”), with OHIC (Count I), and breached its duty of good faith and fair dealing in handling a claim on the Reinsurance Agreement (Count II). This insurance…