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NATIONAL RISK UNDERWRITERS v. OCCIDENTAL FIRE & CASUALTY CO.

No. 90-2071.

931 F.2d 1015 (1991)

NATIONAL RISK UNDERWRITERS, INC., a Wisconsin Corporation, Plaintiff-Appellant, v. OCCIDENTAL FIRE & CASUALTY COMPANY OF NORTH CAROLINA, a North Carolina Insurance Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 1991.

Attorney(s) appearing for the Case

Edward A. Dudek, Frisch Dudek, Ltd., Milwaukee, Wis., argued (Andrew J. Ellis, James S. Crockett, Jr., Mays & Valentine, Richmond, Va., on brief), for plaintiff-appellant.

Stephanie Hutchins Autry, Leboeuf, Lamb, Leiby & Macrae, Raleigh, N.C., argued (Peter M. Foley, Leboeuf, Lamb, Leiby & Macrae, Raleigh, N.C., on brief), for defendant-appellee.

Before RUSSELL and WILKINS, Circuit Judges, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

WILKINS, Circuit Judge:

National Risk Underwriters, Inc. ("NRU") contracted with Occidental Fire & Casualty Company of North Carolina ("Occidental") in 1980 to procure, underwrite, and service captive insurance programs on behalf of Occidental. When Occidental terminated the agreement in 1985, a dispute arose between the parties as to the amount of compensation Occidental owed NRU. NRU notified Occidental of its claim for compensation and punitive damages and...

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