SAN FRANCISCO — In appeals regarding the vacating and setting aside of three reimbursement demands made to the California Insurance Guarantee Association (CIGA), the state insurance guaranty association and U.S. Secretary of Health and Human Services Alex Azar II recently filed their opening briefs with the Ninth Circuit U.S. Court of Appeals (California Insurance Guarantee Association v. Alex Azar II, et al., Nos. 17-56526 & 17-56528, 9th Cir.).
NEW YORK — In a run-off insurer’s New York federal case alleging mismanagement and misuse of $320 million in investments, reinsurers, their affiliates and current and former owners, officers and insiders in an Oct. 15 motion seek partial dismissal of all claims that are duplicative of the ones for breach of contract (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).
CHICAGO — Opposing a request for dismissal by an insolvent insurer’s liquidator, a reinsurer argues in an Oct. 15 brief that an Illinois federal court has jurisdiction to confirm an arbitration award for $437,000 in attorney fees (Catalina Holdings (Bermuda) Ltd. v. Jennifer Hammer, No. 18-05642, N.D. Ill.).
LOS ANGELES — A California appeals court on Sept. 27 heard arguments in an equitable contribution dispute between two insurers regarding fees incurred in the defense of a real estate developer as an additional insured in an underlying construction defect action (Interstate Fire and Casualty Co. v. Axis Surplus Insurance Co., No. B286980, Calif. App., 2nd Dist., Div. 8).
AUSTIN, Texas — Two insurers allege in an Oct. 12 complaint filed in a Texas federal court that they have no coverage obligations for a $130 million arbitration proceeding in which an insured is accused of defective construction work on a Texas state highway project (American Guarantee & Liability Insurance Co., et al. v. Zachry Industrial Inc., No. 18-872, W.D. Texas).
MIAMI — Insureds on Oct. 10 filed a breach of contract lawsuit against their federal flood insurer in the U.S. District Court for the Southern District of Florida, asserting that the insurer underpaid their loss caused by Hurricane Irma (Joan Rodriguez Grau, et al. v. Selective Insurance Company of the Southeast, et al., No. 18-24188, S.D. Fla.).
GALVESTON, Texas — In a breach of contract lawsuit brought against a federal flood insurer in a Texas federal court on Oct. 11, an insured alleges that the adjuster that was dispatched by the insurer to estimate his Hurricane Harvey damage failed to abide by the insurance policy terms, the insurer’s general claims handling standards and/or with the National Flood Insurance Program (NFIP) claims manuals (Morgan Harris v. Wright National Flood Insurance Company, No. 18-00329, S.D. Texas).
JACKSONVILLE, Fla. — A Florida insured filed suit in a federal district court on Oct. 11, alleging that his federal flood insurer failed to adequately compensate him for his structural building damage caused by Hurricane Irma (Keith Chatman v. Wright National Flood Insurance Company, No. 18-01204, M.D. Fla.).
NEWARK, N.J. — A federal flood insurer on Sept. 25 moved for a New Jersey federal court to dismiss an insured’s breach of contract lawsuit, contending that the insured’s flood damage claim involving its commercial warehouse is untimely (Hakim International Trading, et al. v. The Standard Fire Insurance Co., et al., No. 17-02874, D. N.J.)
UTICA, N.Y. — In a dispute with an insurer over settlements of asbestos claims, a reinsurer in an Oct. 10 motion seeks reconsideration of a New York federal judge’s ruling because controlling evidence on the collateral estoppel issue and controlling decisions on the standing issue were overlooked (Utica Mutual Insurance Co. v. Century Indemnity Co., No. 13-995, N.D. N.Y.).
NEW YORK — An insurer in an Oct. 9 petition asks for a rehearing of the Second Circuit U.S. Court of Appeals’ ruling that a reinsurer’s liability is expense‐supplemental because the reinsurer’s obligations under reinsurance contracts follow the insurer’s expense‐supplemental obligations under umbrella policies (Utica Mutual Insurance Co. v. Clearwater Insurance Co., Nos. 16-2535 & 16-2824, 2nd Cir.).
HOUSTON — Texas insureds on Oct. 8 filed a lawsuit in the U.S. District Court for the Southern District of Texas, alleging that their federal flood insurer committed breach of contract in its handling of their flood damage claim arising from Hurricane Harvey (Justin And Rebecca Blumberg v. Wright National Flood Insurance Company, No. 18-3659, S.D. Texas).
ST. LOUIS — In a dispute over the mishandling of funds belonging to insolvent funeral insurers, a Missouri federal judge was recently briefed on a motion to compel discovery regarding expert witness meetings held on behalf of state insurance guaranty associations (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).
SEATTLE — Whether an insured church may use savings from repairing rather than replacing an arched beam and then spend the monies on other areas of a structure after a fire confronts the Washington appeals court in a series of recent briefs (Mount Zion Lutheran Church v. Church Mutual Insurance Co., No. 78107-3-I, Wash. App., Div. 1).
LAKELAND, Fla. — A Florida school board recently asked a state appeals court to find that claims filed against it by State Farm Mutual Automobile Insurance Co. related to reimbursement for damages State Farm paid for injuries sustained in a school bus accident are barred by sovereign immunity (Lee County School Board v. State Farm Mutual Automobile Insurance Co., et al., No. 2D17-4595M, and Safety National Casualty Corporation v. State Farm Mutual Automobile Insurance Co., 2D17-4899, Fla. App., 2nd Dist. [consolidated]).
NEW ORLEANS — A technology firm insured recently asked the Fifth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding in favor of a insurer in a dispute over directors and officers liability coverage for underlying claims that the insured failed to pay overtime and improperly categorized employees as "exempt" under the Fair Labor Standards Act (FLSA) (ADI WorldLink LLC v. RSUI Indemnity Company, No. 17-41050, 5th Cir.).
AUSTIN, Texas — An insured recently told the Texas Supreme Court that its lawsuit seeking recourse against its insurer pursuant to the Texas Prompt Payment of Claims Act (TPPCA) is important to the state’s jurisprudence because it invites the high court to explain how the principles of USAA Texas Lloyds Co. v. Menchaca apply when an insurer invokes appraisal after the onset of litigation (Barbara Technologies Corporation v. State Farm Lloyds, No. 17-0640, Texas Sup.).
MIAMI — In a Sept 27 opposition to an excess reinsurer’s motion to dismiss, an international health insurer argues that a Florida federal court has subject matter jurisdiction over the insurer’s breach of contract lawsuit (VIP Universal Medical Insurance Group Ltd. v. BF&M Life Insurance Company Ltd., et al., No. 17-24633, S.D. Fla.).
NEW YORK — In a Sept. 13 motion for summary judgment, a reinsurer argues to a New York federal court that its cedent breached the reinsurance contract by failing to timely notify the reinsurer of an underlying dispute involving a trucking accident (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).
SAN DIEGO — In a California federal court case over breached reinsurance agreements from fraudulent transfers, a reinsurer in a Sept. 21 summary judgment reply brief says an insurance broker’s former owners fail to present a genuine disputed material fact as to the reinsurer’s status as a creditor (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif.).