NEW ORLEANS — Under a “straightforward application of contract law,” two insurers tell the Fifth Circuit U.S. Court of Appeals in July 23 briefs that funds stolen in a phishing scheme were not owned or controlled by their policyholder, thus negating any duty for them to reimburse the stolen funds amounts that were voluntarily reimbursed by appellant RealPage Inc.
ATLANTA — American Property Casualty Insurance Association on July 21 filed an amicus curiae brief in support of Certain Underwriters at Lloyd’s London in a coronavirus coverage suit, arguing to the 11th Circuit U.S. Court of Appeals that commercial property insurance policies “do not—and were never intended to—provide coverage for economic losses untethered to physical loss or physical damage.”
CHICAGO — Insurance brokers on July 15 moved for a federal court in Illinois to bifurcate discovery in a lawsuit alleging that they breached their duty of care because they knew or should have known that a multiple employer welfare arrangement (MEWA) was not in compliance with its structural requirements and was not financially sound.
SPRINGFIELD, Ill. — In July 16 filings in federal court in Illinois, parties in a suit filed by a railroad company seeking injunctive relief over reinsurer Illinois Mine Subsidence Insurance Fund’s (IMSIF) pursuit of reimbursement as subrogee for mine subsidence claims spar about whether the court has subject matter jurisdiction over claims asserted in the railroad company’s amended complaint.
WILMINGTON, Del. — An insurer claims in a July 16 answer to a complaint that it did not breach its contract in handling its insureds’ claim seeking coverage for underlying benzene exposure claims.
FORT WAYNE, Ind. — The parties in a case in which an insurer is seeking more than $2 million in damages from a contractor after a 9,000-head swine building collapsed anticipate being ready for a settlement conference in January 2022 and, if that and mediation are not successful, a jury trial in November 2022, both sides stated in a July 14 report filed in a federal court in Indiana.
GULFPORT, Miss. — A federal judge in Mississippi should deny an insurer’s motion to compel arbitration of claims under the False Claims Act (FCA) and stay all proceedings in relators’ 15-year-old qui tam suit accusing the insurer of filing false flood insurance claims after Hurricane Katrina because the motion is frivolous and the insurer failed to address “obvious issues” in its motion, waiting instead to address them in a forthcoming reply brief, the relators argue in a May 27 opposition brief.
LAFAYETTE, Ind. — An automotive dealership and a reinsurer in a July 6 answer to a complaint deny allegations that the dealership breached a contract and is liable for paying back more than $1 million loaned to the dealership and guaranteed by the reinsurer.
TRENTON, N.J. — A reinsurer contends in a July 1 motion to seal its unredacted answer to a fourth amended complaint in a dispute over indemnification for asbestos bodily injury claims that sealing the unredacted portions of its answer is warranted because the unredacted version contains information about a confidential settlement agreement.
MONTGOMERY, Ala. — A reinsurer claims in a July 7 reply in support of its motion for leave to file a second amended answer and counterclaim in a breach of contract dispute over reinsurance billings that its motion should be granted because there was no undue delay in its request for leave to amend.
WASHINGTON, D.C. — U.S. Supreme Court review of the First Circuit U.S. Court of Appeals’ strict application of the uberrimae fidei doctrine in a marine insurance dispute stemming from alleged material omissions made by an insured in his application for insurance is necessary to cure a 4-2-1 split among federal circuit courts as to the proper application of the doctrine in such insurance disputes, the insured argues in a June 17 petition for writ of certiorari.
RICHMOND, Va. — An apartment building owner insured argues in a July 6 reply brief to the Fourth Circuit U.S. Court of Appeals that the collapse of its building’s superstructure was caused by the defective design and construction of the foundation and is a covered ensuing loss under an insurance policy.
AUSTIN, Texas — The Texas Supreme Court on July 2 reset oral argument from Sept. 14 to Sept. 30 to answer the Fifth Circuit U.S. Court of Appeals’ two certified questions in a coverage dispute over $1.2 million in stolen gold coins.
MIAMI — The owner of a Surfside, Fla., condominium that was destroyed in a June 24 collapse that killed at least 60 people filed a class action in a Florida court on July 7 against the condominium association and its insurers, seeking a declaratory judgment as to the parties’ rights and obligations under the policies for the property owners’ losses arising from the collapse.
ATLANTA — A church insured on June 21 filed a notice indicating that it is appealing a Georgia federal court’s grant of summary judgment in favor of its insurer on a bad faith claim and a jury verdict in favor of the insurer on a breach of contract claim in a coverage dispute arising from Hurricane Matthew water damage.
RALEIGH, N.C. — Restaurant insureds on June 24 asked the North Carolina Supreme Court to assume immediate jurisdiction of an insurer’s appeal of a lower court’s finding that “all-risk” insurance policies provide business income and extra expenses coverage for their loss of use and access to insured property mandated by the government response to the novel coronavirus pandemic, arguing that the “long-term viability of small businesses across our State hangs in the balance.”
ATLANTA — A Florida restaurant owner in a July 2 brief argues that its insurance policy contemplates recovery for its lost income caused by business interruption when its business activities are suspended due to direct physical loss or damage, asking the 11th Circuit U.S. Court of Appeals to reverse a lower federal court’s “overhasty” dismissal of its coronavirus coverage lawsuit.
TAMPA, Fla. — A reinsurer argues in a June 22 reply brief that it is entitled to an award of attorney fees under Florida law because it made offers of judgment to the self-insured intergovernmental risk management association and obtained a judgment of no liability to the association.
WASHINGTON, D.C. — A reinsurer argues in a June 25 reply brief in support of its motion to dismiss that a District of Columbia federal court should dismiss an Employee Retirement Income Security Act lawsuit seeking damages for a company’s alleged failure to make $934 million in withdrawal liability payments to a pension plan because the district court does not have personal jurisdiction over the reinsurer as the reinsurer has had no operations or contacts with the United States since 2016 and no American board members or officers since 2017.
WEST PALM BEACH, Fla. — In a pair of response briefs filed June 28 in Florida federal court, a steel manufacturer and its insurer argue over terms related to a self-insured retention (SIR) endorsement in the insured’s commercial general liability policies, which were used in the defense and settlement of three lawsuits over a 2018 pedestrian bridge collapse at Florida International University.