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Mealey's Insurance Pleadings

  • October 18, 2018

    Opening Briefs Offered In Suit Over Reimbursement Demands Made To CIGA

    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.).

  • October 18, 2018

    Reinsurers Seek Partial Dismissal Of Run-Off Insurer’s Mismanagement Lawsuit

    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.).

  • October 18, 2018

    Reinsurer Asks Court To Confirm Arbitration Award Against Insolvent Insurer

    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.).

  • October 18, 2018

    Insurers’ Dispute On Equitable Contribution For Defect Claims Heard

    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).

  • October 17, 2018

    Insurers: No Coverage Owed For Shoddy Work On Texas State Highway

    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).

  • October 17, 2018

    Payment For Hurricane Irma Damage Was ‘Woefully Inadequate,’ Insureds Argue

    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.).

  • October 16, 2018

    Insurer ‘Wrongfully Denied’ Hurricane Harvey Claim, Texas Insured Argues To Court

    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).

  • October 16, 2018

    Insured Sues Federal Flood Insurer Over Hurricane Irma Structural Damage

    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.).

  • October 15, 2018

    Insurer Seeks Dismissal Of Breach Of Contract Suit, Says Flood Claim Is Untimely

    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.)

  • October 12, 2018

    Reconsideration Sought By Reinsurer On Collateral Estoppel, Standing Issues

    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.).

  • October 12, 2018

    Insurer Seeks Rehearing On 2nd Circuit’s Ruling On Reinsurer’s Liability

    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.).

  • October 11, 2018

    Texas Insureds Sue Insurer In Federal Court Over Hurricane Harvey Flood Damage

    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).

  • October 10, 2018

    Briefs On Discovery Heard In Dispute Over Handling Of Insolvent Insurers’ Funds

    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.).

  • October 10, 2018

    Church Asks Washington Court To Reverse Repaired Beam Insurance Proceeds Ruling

    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).

  • October 10, 2018

    School Board: State Farm Not Entitled To Reimbursement For Accident Benefit Payment

    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]).

  • October 8, 2018

    Technology Firm Appeals Ruling In Directors, Officers Liability Coverage Dispute

    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.).

  • October 8, 2018

    Insured Asks Texas High Court To Reverse Ruling In Hail, Wind Coverage Dispute

    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.).

  • October 4, 2018

    Insurer: Jurisdiction Exists To Hear Breach Of Contract Case Against Reinsurer

    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.).

  • October 4, 2018

    Reinsurer Seeks Judgment On Late Notice Issue In Trucking Accident Case

    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.).

  • September 26, 2018

    Reinsurer Says No Fact Issues On Its Status As Creditor In Breach Case

    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.).