Continental Casualty Co., et al. v. Staffing Concepts, Inc., et al. (U.S. District Court for the Middle District of Florida)
An insurer brought suit in federal court against multiple related human resources outsourcing companies ("SCI") seeking to recover more than $20 million in damages flowing from SCI’s non-performance under finance agreements and related instruments connected to workers’ compensation insurance programs spanning three years. SCI contended it was not bound by these various agreements because, it alleged, they had been improperly assigned to third parties and in some instances had never been signed to begin with. The issue was whether the parties' course of dealings over several years constituted waiver or estoppel of these SCI defenses, the proof of which required "clear and unequivocal" evidence. SCI contended this standard was equivalent to the criminal law standard of "proof beyond a reasonable doubt." An 8-day trial was held in July 2013, whereupon the court found in the insurer's favor in all respects. The verdict resulted in a multi-million dollar judgment, with further trial proceedings on remaining aspects of the case set for June 2015.