{"id":473734,"date":"2026-10-22T20:14:11","date_gmt":"2026-10-22T20:14:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-tx\/473734\/"},"modified":"2026-10-22T20:14:11","modified_gmt":"2026-10-22T20:14:11","slug":"jurors-deadlock-in-900m-case-alleging-corporate-raid","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-tx\/473734\/","title":{"rendered":"Jurors deadlock in $900M case alleging corporate raid"},"content":{"rendered":"<p><img alt=\"A San Antonio jury this week\u00a0was unable to reach a verdict in Argo Group\u2019s lawsuit against rival insurer Dual North America over the mass exodus of 27 Argo employees to Dual in 2023. A judge declared a mistrial and ordered the parties back to mediation. Shown is the Lady Justice statue atop a fountain in front of the\u00a0Bexar County Courthouse.\" loading=\"eager\" fetchpriority=\"high\"   style=\"aspect-ratio:3 \/ 2\" class=\"x100 y100 opc bgpc ofct bgsct block bg-black mnh0px fill\"\/><\/p>\n<p>A San Antonio jury this week\u00a0was unable to reach a verdict in Argo Group\u2019s lawsuit against rival insurer Dual North America over the mass exodus of 27 Argo employees to Dual in 2023. A judge declared a mistrial and ordered the parties back to mediation. Shown is the Lady Justice statue atop a fountain in front of the\u00a0Bexar County Courthouse.<\/p>\n<p>Billy Calzada\/Express-News<img alt=\"Argo Group has operations at 711 Broadway in San Antonio.\u00a0The specialty insurer had sued rival Dual North America over the defection of 27 Argo employees to Dual in 2023.\" loading=\"lazy\"   style=\"aspect-ratio:3 \/ 2\" class=\"x100 y100 opc bgpc ofct bgsct block bg-black mnh0px fill\"\/><\/p>\n<p>Argo Group has operations at 711 Broadway in San Antonio.\u00a0The specialty insurer had sued rival Dual North America over the defection of 27 Argo employees to Dual in 2023.<\/p>\n<p>Patrick Danner\/Staff photo<img alt=\"Argo Group was acquired by Brookfield Reinsurance for $1.1 billion in late 2023.\" loading=\"lazy\"   style=\"aspect-ratio:3 \/ 2\" class=\"x100 y100 opc bgpc ofct bgsct block bg-black mnh0px fill\"\/><\/p>\n<p>Argo Group was acquired by Brookfield Reinsurance for $1.1 billion in late 2023.<\/p>\n<p>Patrick Danner\/Staff photo<\/p>\n<p>A jury in San Antonio deadlocked after more than 10 hours of deliberations over two days in\u00a0<a href=\"https:\/\/www.argogroup.com\/about\/\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">Argo Group\u2019s<\/a> $900 million lawsuit accusing a rival insurer and two former executives of raiding its surety business.<\/p>\n<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/cdn-channels-pixel.ex.co\/events\/0012000001fxZm9AAE?integrationType=DEFAULT&amp;template=design%2Farticle%2Fplatypus_two_column.tpl\" alt=\"\" class=\"x1px y1px vh abs\" aria-hidden=\"true\" width=\"1\" height=\"1\"\/><\/p>\n<p><a href=\"https:\/\/www.bexar.org\/1800\/408th-Civil-District-Court\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">State District Judge Angelica Jimenez<\/a> granted Argo\u2019s unopposed motion for a mistrial Wednesday after jurors said they couldn\u2019t reach a verdict. She ordered\u00a0Argo and <a href=\"https:\/\/www.dualinsurance.com\/us-en\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">Dual North America Inc.<\/a> back to mediation with\u00a0<a href=\"https:\/\/fordmurray.com\/attorney\/william-h-ford\/\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">attorney Bill Ford<\/a>.<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>The deadlock came after a 3\u00bd-week trial in which\u00a0Argo Group International Holdings Inc. and two related companies sought $907 million in damages, including punitive damages. Argo accused Dual and former Argo executives <a href=\"https:\/\/www.linkedin.com\/in\/mark-farina-1a304330\/?isSelfProfile=false\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">Mark Farina<\/a> and <a href=\"https:\/\/www.linkedin.com\/in\/brendan-keating-28562112\/?isSelfProfile=false\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">Brendan Keating<\/a> of orchestrating the April 2023 departure of 27 employees from Argo\u2019s surety business. Farina, of New Jersey, and Keating, of Illinois,\u00a0were among those who left. The defendants denied the allegations.<\/p>\n<p>Dallas<a href=\"https:\/\/www.gibsondunn.com\/lawyer\/cox-trey\/\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\"> attorney Trey Cox<\/a>, who represents Argo, asked jurors to award his client $293.8 million for lost profits, $286.3 million for the lost value of its surety business, $9.5 million in expenses and $1.3 million in Farina\u2019s and Keating\u2019s salaries. Argo also sought $316.3 million in punitive damages.<\/p>\n<p>It was unclear whether the case would go back to trial if mediation fails. Cox\u00a0declined to comment, and an Argo spokesman did not respond to a request for comment.<\/p>\n<p>San Antonio Express News Logo<\/p>\n<p>Make us a Preferred Source on Google to see more of us when you search.<\/p>\n<p><a href=\"https:\/\/www.google.com\/preferences\/source?q=expressnews.com\" data-link=\"native\" role=\"button\" aria-label=\"Add Preferred Source\" class=\"td300 cp f aic jcc disabled:cd wsn px24 y40px px16 py8 buttonSm fs13 xs:fs16 xs:buttonLg bg-primaryAccessible hover:o80 c-white disabled:bg-gray300 disabled:c-gray600 border bn tac br2\"><\/p>\n<p>Add Preferred Source<\/p>\n<p><\/a><\/p>\n<p class=\"MM_onlineOnly\" title=\"CCI Online Only\">RELATED: <a href=\"https:\/\/www.expressnews.com\/business\/article\/insurer-ex-execs-rival-hatched-scheme-steal-24-18156962.php\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">\u2018Conspired in the shadows\u2019: Insurer accuses ex-top execs, rival of scheme to steal 24 employees<\/a><\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>San Antonio <a href=\"https:\/\/lawdcm.com\/attorneys\/ricardo-g-cedillo\/\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">lawyer Ricardo Cedillo<\/a>, who represents Dual, said the company is prepared to go to trial again if necessary.<\/p>\n<p>\u201cWe\u2019re at the end of an effort that took close to four years where (Argo\u2019s) objective was to walk away with nearly a billion dollars in damages and exemplary damages. They walk away with nothing,\u201d Cedillo said. \u201cTheir case has no merit.\u201d<\/p>\n<p>Cedillo said Dual\u2019s representatives later polled the jurors and found them split 6-6 on liability. Eleven of the 12 jurors, he said, favored awarding Argo no damages.<\/p>\n<p>\u201cArgo had its day in court and could not convince this jury,\u201d said San Antonio <a href=\"https:\/\/www.lawchc.com\/blank\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">attorney Steve Chiscano<\/a>, who represents Farina and Keating.<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Argo sale<\/p>\n<p>At the time of the mass departures, Argo was a Bermuda-based publicly traded specialty insurer with a significant San Antonio presence. Bermuda-based Brookfield Reinsurance had agreed two months earlier to\u00a0<a href=\"https:\/\/www.expressnews.com\/business\/local\/article\/argo-group-international-holdings-sale-17785722.php\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">acquire the company<\/a> for $1.1 billion. The deal closed in November 2023, taking Argo off the New York Stock Exchange.<\/p>\n<p>Argo\u2019s surety business was a major operation, generating about $200 million in annual gross written premiums before the mass departure. In 2024,\u00a0Argo sold a majority of the business to <a href=\"https:\/\/www.auw.com\/about-us\/news\/article\/applied-surety-underwriters-acquires-major-portion-of-argo-groups-in-force-oil-gas-mining-and-coal-surety-businesses\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">Applied Surety Underwriters<\/a>.<\/p>\n<p>San Diego-based Dual North America is part of\u00a0<a href=\"https:\/\/www.howdengroupholdings.com\/\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">Howden Group Holdings<\/a> of London.\u00a0Argo accused Dual of using the departing employees, including Farina and Keating, to build a competing surety operation.<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Argo accused Dual and former executives Farina and Keating of spending months planning an effort to build Dual\u2019s surety business by recruiting nearly the entire Argo Surety underwriting team.<\/p>\n<p>According to the latest version of the complaint, Farina and Keating began working with Dual in 2022 on business plans for a new surety operation, while still employed by Argo, and helped identify and recruit Argo employees.<\/p>\n<p class=\"MM_onlineOnly\" title=\"CCI Online Only\">READ MORE: <a href=\"https:\/\/www.expressnews.com\/business\/local\/article\/argo-group-international-holdings-sale-17785722.php\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">Argo Group was based in San Antonio before moving to Bermuda. Now it\u2019s set to sell for $1.1 billion.<\/a><\/p>\n<p>Argo also accused the defendants of taking and using confidential information, including information about its employees, brokers, customers and business operations, to help Dual establish its surety business. The lawsuit said the timing of the departures hurt Argo\u2019s negotiations with reinsurers and ultimately forced it to transfer about 80% of its surety bond portfolio to Applied, with the remaining business placed in runoff.<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Dual generally denied Argo\u2019s allegations and said its actions were justified and taken for legitimate business reasons. It said it had no contractual or legal duty preventing it from hiring Argo\u2019s at-will employees, and that the employees themselves decided to leave Argo and seek new jobs. Dual also denied taking or using Argo\u2019s confidential information and argued that any information retained by the former employees consisted of their own skills and knowledge.<\/p>\n<p>In their answers, Farina and Keating\u00a0said any information they retained was not Argo\u2019s confidential information and challenged the enforceability of Argo\u2019s employee and customer nonsolicitation agreements as overly broad and unreasonable. They added that their decision to leave was prompted by problems at\u00a0Argo, including management turnover, the departure of other experienced employees, a downgrade in Argo\u2019s rating and the potential sale of the business.<\/p>\n<p>Closing arguments<\/p>\n<p>The hung jury came after lawyers for both sides spent a combined three hours late Monday afternoon making sharply different closing arguments about the mass exodus.<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Cox, Argo\u2019s lawyer, told jurors that when Argo lost its team, it could no longer get \u201cany more paper.\u201d In the insurance industry, \u201cpaper\u201d generally refers to the insurer providing the backing for an insurance product. Dual officials knew their actions would \u201cparalyze\u201d Argo\u2019s surety unit, he said.<\/p>\n<p>He also accused Keating of plagiarizing 18 passages from Argo\u2019s business plan and said the defendants hid their communications via personal emails with subject lines like \u201cIrish soda bread recipe\u201d and \u201cProject 007.\u201d<\/p>\n<p>Cox asked jurors to hold the defendants accountable.<\/p>\n<p>\u201cHold them accountable because they were on our payroll, they shared our business plans, they identified all of our people, they worked for 11 months with Dual to get this entire group out of Argo and into Dual,\u201d Cox said. \u201cThey gave them this business on a silver platter. And that\u2019s wrong. It\u2019s breach of their contract and it\u2019s a breach of their fiduciary duties, and they were unjustly enriched as a result of their wrongful, hidden and conspiratorial actions.\u201d<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p class=\"MM_onlineOnly\" title=\"CCI Online Only\">READ MORE: <a href=\"https:\/\/www.expressnews.com\/business\/local\/article\/Argo-Group-made-more-than-1B-insuring-weird-11158897.php\" data-link=\"native\" class=\"\" rel=\"nofollow noopener\" target=\"_blank\">Who insured Princess Leia? Argo Group made more than $1B covering \u2018weird stuff\u2019<\/a><\/p>\n<p>Chiscano, attorney for Farina and Keating, called them \u201chonorable men\u201d with \u201cunblemished\u201d careers.<\/p>\n<p>\u201cA hedge fund is trying to destroy them, trying to punish them, trying to teach them a lesson,\u201d Chiscano said, referring to Brookfield. \u201cA lesson of what? A lesson of what all hedge funds do. \u2018We need a return of investment for our shareholders. We\u2019re looking for a return on our investment. We bought\u00a0Argo for $1.1 billion. But that wasn\u2019t a good enough return on our investment.\u2019\u201d<\/p>\n<p class=\"uiTextSmall f aic jcc\">Article continues below this ad<\/p>\n<p>Cedillo, Dual\u2019s lawyer, noted that the 27 employees left Argo after Brookfield\u2019s purchase was announced but before it closed. Yet the purchase price of $1.1 billion, or $30 a share, was never adjusted, he said.<\/p>\n<p>\u201cI told you that the damage number on the verdict form that I was going to ask you to write in was a big fat zero,\u201d Cedillo said to jurors. \u201cAnd I\u2019m here to tell you that again because that is the right thing to do in this case.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"A San Antonio jury this week\u00a0was unable to reach a verdict in Argo Group\u2019s lawsuit against rival insurer&hellip;\n","protected":false},"author":2,"featured_media":473735,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8],"tags":[82,84,83],"class_list":["post-473734","post","type-post","status-publish","format-standard","has-post-thumbnail","category-san-antonio","tag-san-antonio","tag-san-antonio-headlines","tag-san-antonio-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/473734","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/comments?post=473734"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/473734\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media\/473735"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media?parent=473734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/categories?post=473734"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/tags?post=473734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}