Mealey's Insurance Pleadings

  • April 25, 2018

    Florida Court Weighs Whether Car’s Use Falls Under ‘Race’ Exclusion

    LAKELAND, Fla. — A Florida appeals court is set to decide whether a man’s use of his personal automobile on a private race track falls under an insurance policy exclusion for race-related conduct (Robert Wegmann v. Allstate Property & Casualty Insurance Co., No. 2D17-2030, Fla. App., 2nd Dist.).

  • April 25, 2018

    Companies: Delaware High Court Should Rule Limitations Period Does Not Bar Claims

    DOVER, Del. — A company and its affiliates are asking the Delaware Supreme Court to rule that the statute of limitations has not run out on their claim for coverage from the insurer of a corporate plane that crashed in 2012 (The Lima Delta Company, et al. v. Global Aerospace Inc., No. 455, 2017, Del. Sup.).

  • April 25, 2018

    Insurer Urges Montana High Court To Affirm Summary Judgment Ruling

    HELENA, Mont. — An insurer recently submitted its arguments with the Montana Supreme Court, claiming that a workers’ compensation court correctly disposed of cross-motions for summary judgment and applied the appropriate law in finding that it was not liable for an insured’s carpal tunnel syndrome (Montana State Fund v. Liberty Northwest Ins. Corp. v. Kim Wiard, No. DA 17-0522, Mont. Sup.).

  • April 24, 2018

    Fees In Management Agreement Trigger ‘Extra Expenses’ Coverage, Appellant Argues

    RICHMOND, Va. — A property management company recently asked the Fourth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that an “insurance claim processing fee” and a “construction management fee” in a management agreement with a condominium association are covered under a business owners insurance policy as “extra expenses” (Capitol Property Management v. Nationwide Property and Casualty Insurance Co., No. 17-1789, 4th Cir.).

  • April 24, 2018

    Insured Asks Tennessee High Court To Find $200M Policy Limits Were Triggered

    NASHVILLE, Tenn. — An insured on March 23 asked the Tennessee Supreme Court to reverse an appeals court’s ruling that an insurance policy’s $50 million sublimit applies to the insureds’ damage from a May 2010 Nashville flood because the insured property is partially located within one of the zones listed under the policy's High Hazard Flood Zones (Opry Mills Mall Limited Partnership, et al. v. Arch Insurance Company, et al., No. M2016-01763-SC-R11-CV, Tenn. Sup.).

  • April 24, 2018

    Plaintiff Asks 3rd Circuit To Reverse Dismissal Of Land Exchange Fraud Complaint

    PHILADELPHIA — A real estate investor who lost money when a land exchange company went bankrupt on Aug. 10 asked the Third Circuit U.S. Court of Appeals to find that a district court erred in dismissing his Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961–1968, complaint against two title insurance companies (Joseph J. Germinaro, et al. v. Fidelity National Title Insurance Company, et al., No. 17-1640, 3rd Cir.).

  • April 20, 2018

    Insured Asks 6th Circuit To Reverse No Coverage Ruling For $212M FCA Settlement

    CINCINNATI — A bank insured recently asked the Sixth Circuit U.S. Court of Appeals to reverse a lower federal court’s ruling that denied it $75 million in insurance coverage for the $212.5 million settlement of an underlying False Claims Act (FCA) investigation into its underwriting of government-backed mortgages (First Horizon National Corp. v. Houston Casualty Co., Nos. 17-5767 and 17-5844, 6th Cir.).

  • April 18, 2018

    Class Opposes Dismissal Of Suit On Lender-Placed Insurance Kickback Scheme

    TRENTON, N.J. — In opposing dismissal of their breach of contract class action lawsuit, homeowners tell a New Jersey federal court in an April 9 brief that they have sufficiently alleged a scheme on lender-placed insurance (LPI) involving a mortgage company, insurer and insurance broker with their use of kickbacks, including reinsurance premiums (Edward Leo v. Nationstar Mortgage LLC of Delaware, et al., No. 17-05839, D. N.J.).

  • April 18, 2018

    Finance Services Company Opposes Stay Of Discovery In Breach Of Contract Case

    WASHINGTON, D.C. — A financial services company tells the District of Columbia federal court in an April 9 brief that discovery should not be stayed in its breach of contract lawsuit seeking to recover a $26 million arbitration award directly from reinsurers, pending resolution of motions to dismiss (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C.).

  • April 16, 2018

    USA Gymnastics Sues Insurers In Indiana Court, Seeking Coverage For Nassar Suits

    MARION, Ind. — On April 6, USA Gymnastics (USAG) sued seven of its insurers in Indiana court for breach of contract, seeking a declaration as to comprehensive general liability and directors and officers (D&O) coverage for underlying negligence lawsuits arising from the sexual abuse committed by the former doctor of the American gymnastics team Lawrence “Larry” Gerard Nassar (USA Gymnastics v. Ace American Insurance Co., et al., No. 49D011804PL013423, Ind. Super.).

  • April 11, 2018

    Insurer: Delaware High Court Should Reverse, Rule Texas Law Governs Contract

    DOVER, Del. — An insurance company is asking the Delaware Supreme Court to reverse a trial court ruling that held that Wisconsin law applies to an insurance contract dispute regarding who will bear a portion of the costs incurred in defending and settling the underlying asbestos suits.  The insurer argues that Texas law should apply (Travelers Indemnity Company v. CNH Industrial America LLC, No. 420, 2017, Del Sup.).

  • April 10, 2018

    8th Circuit Considers Judicial Review In Missouri Workers’ Compensation Case

    ST. LOUIS — The Eighth Circuit U.S. Court of Appeals will hear oral arguments on April 11 over whether the failure to appeal a Missouri workers’ compensation ruling requires dismissal of the insurer’s tort action seeking to recover the resulting shortfall (Travelers Property Casualty Company of America v. Jet Midwest Technik Inc., No. 17-2628, 8th Cir.).

  • April 10, 2018

    Insurer Asks 5th Circuit To Reverse Ruling In Professional Liability Coverage Suit

    NEW ORLEANS — An insurer recently asked the Fifth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that it has a duty to defend two underlying malpractice lawsuits filed against its law firm insured, contending that the policy’s prior knowledge clause bars coverage (Allied World Specialty Insurance Co. v. McCathern, PLLC, et al., No. 17-10615, 5th Cir.).

  • April 10, 2018

    Parties Dispute Coverage Related To Unsolicited Fax Litigation In 11th Circuit

    ATLANTA — A sign company and an insurer recently submitted arguments in the 11th Circuit U.S. Court of Appeals, disputing whether a trial court’s ruling that a settlement in an underlying lawsuit filed as a result of thousands of unsolicited faxes being sent was not covered under insurance policies covering property damage should be affirmed (G.M. Sign Inc. v. St. Paul Fire & Marine Insurance Co., 17-14247, 11th Cir.).

  • April 10, 2018

    Bank Opposes Dismissal Of Idaho Insurance Guaranty Association In Coverage Suit

    BOISE, Idaho — A trust bank argues in an April 5 brief in Idaho federal court that the Idaho Insurance Guaranty Association (IIGA) is not an indispensable party to a lawsuit brought against an insolvent insurer (Idaho Trust Bank v. BancInsure Inc., et al., No. 12-00032, D. Idaho).

  • April 10, 2018

    Dead Student’s Mother Seeks Duty-To-Defend Declaration Against Insurer

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals heard oral arguments on March 21 from the mother of a dead college student who asked the appellate panel to find that the insurer of homeowners and excess coverage policies issued to the parents of the student convicted of killing her daughter has a duty to defend or indemnify in a wrongful death suit (Sharon D. Love v. Chartis Property Casualty Company, No. 17-1467, 4th Cir.).

  • April 9, 2018

    Damages Caused By Marijuana- Growing Tenants Should Be Covered, Landlord Says

    CINCINNATI — The landlord of 10 units that sustained more than $500,000 in damage as a result of the tenants’ use of the space to operate a medical marijuana-growing facility in Michigan tells the Sixth Circuit U.S. Court of Appeals in a Jan. 23 brief that a federal judge erred when finding that the insurer properly denied coverage, explaining that the modifications constituted vandalism (K.V.G. Properties Inc. v. Westfield Insurance Co., No. 17-2421, 6th Cir.).

  • April 5, 2018

    Reinsurer Says Insurer Is Owed No Coverage For Asbestos Claims

    BRIDGEPORT, Conn. — An insurer is barred from coverage for underlying asbestos claims under reinsurance contracts because it breached conditions in the contracts, including the access to records clause, a reinsurer argues in its March 23 response to a complaint filed in Connecticut federal court (Travelers Casualty and Surety Co. v. Lamorak Insurance Co., No. 18-00087, D. Conn.).

  • April 4, 2018

    Syndicates Seek To Stop Duplicative Arbitration In Reinsurance Dispute

    BOSTON — In a reinsurance treaty dispute over environmental claims, a group of insurance syndicates in a March 23 motion seek an order from a Massachusetts federal court enjoining an insurer from filing a duplicative arbitration demand (Certain Underwriters at Lloyd’s, London v. Transport Insurance Co., No. 17-10618, D. Mass.).

  • March 29, 2018

    Man Tells 7th Circuit Judge Erred When Making Disability Determination

    CHICAGO — A man who suffering from invasive basal cell carcinoma in the right ear tells the Seventh Circuit U.S. Court of Appeals in a Jan. 19 brief that a federal judge in Illinois erred when finding that he was not entitled to total disability benefits from his insurer because he cannot complete the duties that his work requires (Henry Fiorentini v. Paul Revere Life Insurance Co., No. 17-3137, 7th Cir.).