Employers Mutual Casualty Company v. Helicon Associates, Inc

The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the consent judgment amounts to a “judgment or adjudication . .. based on a determination” of the insured’s conduct [emphasis added]; and, if so, (2) whether it was “a determination that acts of fraud or dishonesty were committed by the ‘insured.’ ” The parties should not submit mere restatements of their application papers.