BOSTON — A woman severely injured in an alcohol-involved vehicle crash on Oct. 1, 2019, asked the First Circuit U.S. Court of Appeals to rule that a district court erred by not recognizing insurance claims a nightclub assigned to her and by not trebling the value of her claim claims under the state’s consumer protection law (Capitol Specialty Insurance Corporation v. Kailee M. Higgins, et al., No. 19-1496, 1st Cir.).
NEW YORK — Whether a deaf woman’s case alleged intentional discrimination outside insurable limits or unintentional discrimination will come before the Second Circuit U.S. Court of Appeals on Feb. 3 (Brooklyn Center for Psychotherapy Inc. v. Philadelphia Indemnity Insurance Co., No. 19-2266, 2nd Cir.).
SAN JUAN, Puerto Rico — Reinsurers in Jan. 21 opposition briefs argue that a Puerto Rico federal judge should deny an insolvent insurer’s liquidator motion to alter a decision sending a $150 million hurricane loss case to arbitration because there was no manifest error with the ruling (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico).
MEMPHIS, Tenn. — An insurer breached its contract and acted in bad faith by refusing to defend and indemnify two additional insureds named as defendants in a personal injury suit stemming from an electric shock that occurred while an employee was setting up amusement rides at a fair, the insurer of the additional insureds claims in a Jan. 17 complaint filed in Tennessee federal court (Liberty Corporate Capital Ltd. v. Ace American Insurance Co., No. 20-2038, W.D. Tenn.).
DENVER — For an appeal in a dispute alleging a reinsurance scheme, life insurers and investment companies argue in separate Jan. 21 appellee briefs that the 10th Circuit U.S. Court of Appeals should affirm a ruling dismissing an investor’s claim under the Racketeer Influenced and Corrupt Organizations Act because that claim is reverse-preempted under the McCarran-Ferguson Act (Albert Ogles v. Guggenheim Investments, et al., No. 19-3154, 10th Cir.).
FAYETTEVILLE, Ark. — A commercial general liability insurer on Jan. 9 filed suit in a federal court in Arkansas, seeking a declaration that it has no duty to defend or indemnify against an underlying jury verdict that found that its insured was negligent and committed breach of contract by manufacturing defective chicken that was supplied to the New York City School District (NYCSD) (Nationwide Mutual Insurance Co. v. Ozark Mountain Poultry Inc., et al., No. 20-05014, W.D. Ark.).
ST. LOUIS — A school district insured recently asked the Eighth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that a math teacher's Equal Employment Opportunity Commission charge and subsequent lawsuit alleging sexual harassment and retaliation constitute a single claim that was “first made” against a school district insured during a 2015 policy period and that there is no coverage because the insured did not timely report the claim (Pine Bluff School District v. ACE American Insurance Company, No. 19-2594, 8th Cir.).
ATLANTA — An insurer says in a Jan. 10 reply brief to the 11th Circuit U.S. Court of Appeals that a district court should have compelled arbitration in Hong Kong to resolve a claim for bad faith in failing to settle a lawsuit seeking damages for injuries that occurred during a cruise ship excursion (Lynn McCullough, et al. v. AIG Insurance Hong Kong Ltd., No. 19-12100, 11th Cir.).
NEW YORK — An insurer in Jan. 15 brief asks a New York federal court for summary judgment on its claims against a reinsurer for breach of its obligation to post $1.6 million in collateral under a reinsurance agreement and to declare that the reinsurer remains required to post that collateral (AmTrust North America Inc. v. Signify Insurance Ltd., et al., No 18-3779, S.D. N.Y.).
WILMINGTON, Del. — The U.S. government argues in a Jan. 15 appellant brief that a Delaware federal court should reverse a bankruptcy court’s order granting an objection raised by the Chapter 7 trustee for an insurer and its subsidiaries over a claim made by the Internal Revenue Service and remand so that the entire IRS claim will be given administrative priority (In re Affirmative Insurance Holdings, Inc., et al.; United States of America v. Don A. Beskrone, Chapter 7 Trustee, 19-2034, D. Del.).
AUSTIN, Texas — An insured recently asked the Texas Supreme Court to reverse a lower court’s ruling in favor of its commercial property insurer on its claims for bad faith and under Texas’ Prompt Payment of Claims Act (PPCA) arising from wind and hail property damage (Steven Biasatti, et al. v. GuideOne National Insurance Company, et al., No. 18-0911, Texas Sup.).
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals will hear oral arguments Jan. 28 over whether a $1,382,653 judgment stemming from an attorney’s margin and day trading of trust funds falls within his policy insuring professional services (Alps Property & Casualty Insurance Co., et al v. Ivan L. Higgerson Sr., et al., No. 18-2245, 4th Cir.).
SAN FRANCISCO — An insured recently filed a brief in the Ninth Circuit U.S. Court of Appeals contending that a district court erred when it held that an insurer did not owe coverage for underlying litigation pertaining to violations of several provisions of the California Labor Code (U.S. Telepacific Corp. v. U.S. Specialty Insurance Company, No. 19-55828, 9th Cir.).
TALLAHASSEE, Fla. — A magnetic resonance imaging (MRI) company recently asked the Florida Supreme Court to reverse an appeals court’s finding that a personal injury protection (PIP) policy’s express language “clearly and unambiguously” elected to limit reimbursement payments for medical expenses to the schedule of maximum charges that is detailed in the state’s PIP statute (MRI Associates of Tampa Inc. v. State Farm Mutual Automobile Insurance Company, No. SC18-1390, Fla. Sup.).
NEW ORLEANS — A commercial general liability insurer on Nov. 25 filed its response in the Fifth Circuit U.S. Court of Appeal to an insured’s appeal of a lower court’s finding that the insurer has no duty to defend against an underlying lawsuit seeking to recover damages purportedly caused by a data breach of the insured’s credit card processing system (Landry's Inc. v. The Insurance Company of the State of Pennsylvania, No. 19-20430, 5th Cir.).
OAKLAND, Calif. — An operator of vineyards and winemaking operations in California on Jan. 3 sued London insurers for breach of contract and bad faith in a California federal court, alleging that they wrongfully refused to pay for smoke exposure damage to its finished wines caused by the October 2017 wildfires in Sonoma and Napa County, Calif., and seeking $12 million for its loss (Vintage Wine Estates, Inc. v. Royal & Sun Alliance Insurance PLC, et al., No. 20-00101, N.D. Calif.).
CHICAGO — Arbitrators intended their second award to be final and, thus, an Illinois federal court should confirm that award and not the interim award under the Federal Arbitration Act (FAA), an insurer argues in a Jan. 3 reply brief in its dispute with a reinsurer over billings for asbestos claims (Allstate Insurance Co. v. Amerisure Mutual Insurance Co., No. 19-4341; Amerisure Mutual Insurance Co. v. Allstate Insurance Co., No. 19-7080, N.D. Ill.).
SAN FRANCISCO — A reinsurer argues in a Jan. 3 reply that the Ninth Circuit U.S. Court of Appeals should reverse an order denying its motion to intervene in a dispute over a $3.2 million judgment and remand to allow the reinsurer to proceed with its claims against another reinsurer, which is the judgment creditor (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al. v. Knight Insurance Company Ltd., Nos. 19-55346, 19-55347, 19-55423, 9th Cir.).
HARRISBURG, Pa. — Following an affirmance by the Third Circuit U.S. Court of Appeals, an insurer in a Dec. 23 brief asks a Pennsylvania federal judge to lift a stay regarding an order compelling the insurer and its reinsurer to arbitrate their dispute over lead paint losses (Pennsylvania National Mutual Casualty Insurance Co. v. Everest Reinsurance Co., No. 18-mc-653, M.D. Pa.).
JASPER, Ala. — Citing no subject matter jurisdiction, an insurer in a Dec. 27 motion asks an Alabama federal court to dismiss a former female prison inmate’s claim seeking a declaratory judgment as a judgment creditor of the insurer’s rights under reinsurance agreements in her lawsuit alleging sexual misconduct in a jail (Jessica Rainer v. J.C. Poe Jr., et al., No. 19-1392, N.D. Ala.).