Mealey's Insurance Pleadings

  • June 24, 2022

    Building Owner, Property Manager Seek Additional Insured Coverage For 2018 Shooting

    BALTIMORE — The owner and property manager of a building leased by the Baltimore Sun Co. LLC sued the newspaper’s commercial general liability insurer in a federal court in Maryland on June 21 seeking a declaration as to additional insured coverage for underlying wrongful death and negligence lawsuits arising from a 2018 shooting in which five newspaper employees were killed.

  • June 24, 2022

    Conditional Privilege Raised Against Amended Reinsurance Interference Suit

    CHICAGO — After Stonegate Insurance Co. on May 19 filed an amended complaint in Illinois federal court asserting a single claim of tortious interference with contract in a reinsurance dispute, the defendants on June 9 moved for dismissal, arguing in part that the insurer has not met its burden of overcoming the conditional privilege they enjoy as agents for the reinsurer in question.

  • June 24, 2022

    Railroad Wants To Raise ‘Nonparty Preclusion’ In Injunctive Relief Suit

    SPRINGFIELD, Ill. — Following a ruling that allowed only two partial claims to proceed, a railroad company on June 14 moved in Illinois federal court for leave to file a second amended complaint (SAC) for declaratory and injunctive relief, saying that it wants to add a count “based on the ‘nonparty preclusion’ doctrine.”

  • June 24, 2022

    Insurer, Reinsurer Sue Parent Company For More Than $5M Under Tax-Sharing Agreement

    RALEIGH, N.C. — An insurer and a reinsurer that are in rehabilitation sued their parent company in North Carolina federal court on May 26 over what they allege is its refusal to pay them more than $5 million they are due under a tax-sharing agreement (TSA), asserting claims for breach of contract, conversion, embezzlement and unfair and deceptive trade practices.

  • June 23, 2022

    Insurer Withdraws Limited Objections To $1B Champlain Towers Collapse Class Settlement

    MIAMI —Six days after an insurer filed a limited objection to a proposed final judgment, proposed receivership bar order and proposed definition of “settlement class” in a consolidated putative class lawsuit filed by unit owners and estates of those who died in the June 2021 partial collapse of Champlain Towers South (CTS) in Surfside, Fla., the insurer withdrew the objection on June 22.

  • June 21, 2022

    Parties Stipulate To Dismissal Of Coverage Suit Arising From Sex Trafficking Claims

    ATLANTA — The owner, operator and franchisors of a Marietta, Ga., hotel and their insurer on June 17 stipulated and agreed to dismiss as moot all claims and counterclaims in the insurer’s lawsuit disputing coverage for underlying sex trafficking claims against the insureds, noting that the underlying action has been dismissed.

  • June 20, 2022

    ‘Evidence Easily’ Supports Defendants’ Fraud Convictions, U.S. Tells 11th Circuit

    ATLANTA — The United States on June 13 argued to the 11th Circuit U.S. Court of Appeals that the evidence easily supports defendants’ health care and mail fraud convictions stemming from their involvement in a scheme to submit bills to insurance companies for medically unnecessary prescriptions for a compounding pharmacy’s drugs, further arguing that the lower federal court did not clearly err in calculating restitution and forfeiture amounts.

  • June 20, 2022

    Arbitration Panel Issues Confidentiality Order; Similar Sought In Federal Court

    ORLANDO, Fla. — The parties in a self-insured intergovernmental risk management association’s breach of contract dispute against a reinsurer on June 16 asked a federal court in Florida to enter a confidentiality order similar to one issued by the panel before which they are pursuing nonbinding arbitration.

  • June 17, 2022

    Hospital Refutes Amicus’ Assertion That Court Order ‘Guts’ California’s IFPA

    LOS ANGELES — A hospital on May 5 filed an answer to The Anti-Fraud Alliance’s amicus curiae brief in support of the state of California in a qui tam lawsuit alleging that the hospital participated in kickbacks, patient steering and billing fraud schemes, contending that nothing in the amicus brief provides any basis to warrant reversal of a lower court’s judgment in its favor in the action brought under the California Insurance Frauds Prevention Act.

  • June 16, 2022

    Insured Says Court Erred In Ruling Pollution Liability Insurer Owes No Coverage

    NEW ORLEANS — A district court erred in finding that a pollution liability insurer owes no coverage to an insured for an underlying lawsuit alleging that the insured illegally discharged wastewater into a city sewage treatment facility because any ambiguity regarding the underlying allegations must be construed in favor of coverage, the insured says in a June 13 appellant brief filed in the Fifth Circuit U.S. Court of Appeals.

  • June 15, 2022

    Judge Denies Unopposed Continuance Requests In Summons Enforcement Cases

    FORT LAUDERDALE, Fla. — In separate June 6 paperless orders in three cases stemming from a single U.S. petition to enforce Internal Revenue Service summonses issued as part of a tax liability examination related to captive insurance companies, a federal judge in Florida denied the defendants’ unopposed motions to continue the briefing schedule and a hearing set for July 8.

  • June 15, 2022

    Amtrak Says It Did Not Act In Bad Faith When Reporting Personal Injury Suit

    TAMPA, Fla. — Responding to an insurer’s opposition to its motion to amend a Florida federal court’s declaratory judgment in favor of the insurer, Amtrak on June 10 argues that it acted in good faith and advised the insurer of an underlying personal injury lawsuit arising from a collision soon after discovering that the insurance policy existed.

  • June 15, 2022

    Parties In Breach Suit Against Reinsurer Dispute Motion For Partial Dismissal

    NEW YORK — After an intermediary that helps clients access the U.S. program reinsurance market filed a first amended complaint (FAC) in its suit in New York federal court against a foreign reinsurer, the parties resumed several disputes in updated filings, including May 26 and June 10 memoranda regarding a motion for partial dismissal.

  • June 14, 2022

    Insured Says Carrier Breached Contract By Denying Coverage For Toxic Emissions Suit

    MIAMI — An insurer breached its contract by refusing to defend or reimburse its insured for defense costs incurred in an underlying suit arising out of emissions from the insured’s sugarcane farming business because the insured met the policy’s $1 million self-insured retention by paying for its defense costs, the insured contends in a June 7 complaint filed in Florida federal court.

  • June 13, 2022

    Insureds Say Pollution Exclusion Is Ambiguous, Does Not Bar Coverage

    BOSTON — An insurer’s motion for summary judgment in a dispute arising out of coverage for an underlying bodily injury suit stemming from contact with raw sewage must be denied because the policy’s pollution exclusion is ambiguous and must be construed in favor of coverage, the insureds maintain in a June 9 opposition to the insurer’s motion for summary judgment filed in Massachusetts federal court.

  • June 13, 2022

    City Claims Insurer Has Duty To Indemnify For Judgment In Contamination Suit

    SAN FRANCISCO — A district court erred in finding that an insurer has no duty to indemnify a city on behalf of its insured for a judgment entered against the insured in an underlying environmental contamination dispute because the releases of contaminants into the groundwater are not excluded by the policies’ pollution exclusion and the releases were not expected or intended by the insured, the city contends in a June 8 appellant brief filed in the Ninth Circuit U.S. Court of Appeals.

  • June 13, 2022

    Updated Briefing ‘As Needed’ Ordered In Transferred Suit Over EquityComp

    OMAHA, Neb. — In a text-only order without explanation in response to letters in which the parties disagreed, a Nebraska federal magistrate judge on June 10 ordered updated briefing “as needed” on a motion to dismiss in a transferred case over a program called EquityComp and a reinsurance participation agreement (RPA).

  • June 10, 2022

    Summary Judgment Sought In Reinsurance Row; Parties Also File Motions To Exclude

    MONTGOMERY, Ala. — A reinsurer on June 7 filed a motion and 146-page brief seeking summary judgment on all claims and counterclaims in a breach of contract dispute over reinsurance billings, telling an Alabama federal court that “no genuine issue of material fact exists” and arguing in part that the insurer failed to apply the plain language of the contracts and to uphold its obligations.

  • June 09, 2022

    Appellant To 6th Circuit: Insurers’ Allocation Violated Its Ohio All-Sums Rights

    CINCINNATI — In its appellant brief filed before the Sixth Circuit U.S. Court of Appeals challenging a summary judgment ruling, an insured argues that “insurers’ contribution and contract rights are necessarily secondary to and limited by Ohio’s all-sums doctrine and the rights it protects.”

  • June 09, 2022

    Contractor Appeals Final Judgment In Duty To Defend Suit To 1st Circuit

    BOSTON — A contractor and two construction companies he owns on June 8 appealed a Massachusetts federal judge’s order of final judgment in favor of an insurer and two intervenor plaintiffs in a in a declaratory judgment lawsuit in which the insurer alleged that it owed the contractor and his companies no duty to defend in lawsuits accusing them of breach of contract in connection with construction defects at an apartment complex in New Jersey.