Fort Lauderdale, Fla.-based professional employer organization services provider Certified Services Inc. announced that its primary operating subsidiary, Cura Inc., has filed an answer and counterclaim against Continental Casualty Co. (CNA) in their current legal proceedings in U.S. District Court of South Florida.
Cura’s answer denies the allegations set forth within CNA’s complaint and denies that CNA is entitled to the relief it demands therein. CNA’s complaint, and the majority of Cura’s counterclaims, relate to the period during which CNA provided workers’ compensation coverage to Cura’s clients.
Cura’s workers’ compensation policy with CNA expired on June 30, 2003. The counterclaims allege that by falsely inflating claims reserves and collateral requirements and mismanaging claims and claims payments on behalf of Cura, CNA breached the terms of the workers’ compensation insurance policy and the fiduciary duties owed to Cura.
The counterclaims further allege misrepresentations and unfair and deceptive trade practices on the part of CNA and that CNA impermissibly attempted to draw down upon Cura’s collateral reserves, neglected its administration of claims and failed to provide required information to state agencies and insurance certificates to Cura and its clients.
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