![]() For the reasons noted below, we deny HSS's Motion for Leave to Join the Sompo Entities as Counterclaim Defendants.įor context, we outline the corporate relationship between Endurance and its affiliates: HSS seeks to join Sompo Japan Nipponkoa Insurance Inc., Sompo International Holdings Ltd., and "Sompo International Insurance" (collectively, the "Sompo Entities"), who it alleges are the indirect parents of Endurance, in this action as Counterclaim Defendants as required parties pursuant to Federal Rule of Civil Procedure 19 or, if they are not deemed necessary, as parties that should be permissively joined pursuant to Rule 20. The Endurance corporate parent-subsidiary relationship is multi-layered. Endurance also alleges breaches of contract related to the policy in other respects as well. ![]() Endurance alleges that HSS knew about the additional claims and failed previously to provide them to Endurance so that the insurance policy was issued on more favorable terms and conditions to HSS. Fast forward approximately one year later, and HSS allegedly updated the previous loss information provided to Endurance that included seventy-five new claims and $5,000,000 in additional reserves. Based on those representations, Endurance issued a policy of insurance to HSS. HSS provided the information, which totaled sixty-two claims and $504,514 in paid losses and reserves, and allegedly represented that it was complete and accurate. To determine whether it wanted to insure the HSS program and under what terms and conditions, Endurance requested loss information and other documents regarding claims and lawsuits in the previous four years that were asserted against the participants and potentially covered by another insurance company. ![]() In late 2014, HSS, through its broker, solicited Plaintiff Endurance American Specialty Insurance Company's ("Endurance") interest in insuring participants in the HSS program. Defendant Hospitality Supportive Systems LLC ("HSS") is a property and casualty insurance broker that solicits entities to join property and casualty insurance sharing programs.
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