Mealey's Insurance Pleadings

  • January 20, 2022

    Subcontractor Tells 11th Circuit Insurer Should Defend It In Glazing Defect Suit

    ATLANTA — A federal judge in Florida misinterpreted the additional insured (AI) endorsement in two commercial general liability policies, resulting in an erroneous ruling that the insurer had no duty to defend a subcontractor sued for its alleged negligence in furnishing materials and installing the glass façade of a casino and hotel, the subcontractor told the 11th Circuit U.S. Court of Appeals on Dec. 29, urging it to find that the endorsement covers it for its own negligence and reverse the lower court ruling.

  • January 20, 2022

    Reinsurers Seek Resolution Of Summary Judgment Issues As Jury Trial Looms

    BOSTON — In an unopposed Jan. 18 motion for a status conference, Certain London Market Company Reinsurers (LMRs) seek resolution of “several substantive and procedural questions” ahead of a jury trial scheduled to start March 1 before a Massachusetts federal judge, including issues raised in a pending motion for summary judgment.

  • January 19, 2022

    Stay Pending Related Case Disputed In Reinsurance Interference Row

    LOS ANGELES — A reinsurer’s parent companies are seeking a stay of a suit that alleges that they intentionally interfered with contractual relations and induced breach of contract, telling a California federal court on Jan. 7 that resolution of a related case could make it “entirely moot”; in an opposition filed Jan. 14, insurers argue in part that that the other case wouldn’t be completely dispositive.

  • January 19, 2022

    High Court Won’t Review Order Compelling Arbitration Of Hurricane Harvey Damage

    WASHINGTON, D.C. — The U.S. Supreme Court on Jan. 18 denied a petition for writ of certiorari filed by the owner and manager of a residential development who sought the high court’s review of a ruling compelling arbitration of an insurance coverage dispute against English underwriters for $5.66 million in hurricane damage, which they said contradicted a Washington statute that bars mandatory arbitration clauses in insurance contracts.

  • January 19, 2022

    Judge Bifurcates Trial In Mortgagors’ RESPA Claims Suit Over Captive Reinsurance

    FRESNO, Calif. — In a flurry of filings dated Jan. 3 to Jan. 18 in California federal court, a judge bifurcated the upcoming trial in a long-running class action over captive reinsurance agreements into liability and damages phases and ruled on numerous motions in limine; in that time, the parties also completed briefing in pending motions to strike.

  • January 19, 2022

    Reconsideration Motion Disputed In Reinsurance Row Over Interference, Bad Faith

    CHICAGO — In a Jan. 18 filing arguing against reconsideration and clarification of a dismissal order, two corporations that an Illinois federal judge ruled are a reinsurer’s agents contend that the “frivolous” motion “contains only misrepresentations masquerading as new evidence and repetitions of arguments already presented to, and rejected by, the Court.”

  • January 18, 2022

    Insurer’s Liquidators Seek Nearly $1M In Fees Over Motion To Compel

    NEW YORK — In statements dated Sept. 24 and Nov. 22 but filed as part of the public case docket on Jan. 7, the joint provisional liquidators (JPLs) of Bermuda insurer and reinsurer PB Life and Annuity Co. Ltd. (PBLA) and other debtors argue in New York federal bankruptcy court that they are entitled to close to $1 million in attorney fees for work on a motion to compel that was necessitated by “egregious conduct.”

  • January 18, 2022

    Insurer Moves To Substitute Wife As Party In Suit Over Personal Injury Judgment

    SAVANNAH, Ga. — A commercial auto insurer on Jan. 13 moved for a Georgia federal court to substitute a deceased defendant’s wife as a party in its lawsuit seeking a declaration that there is no coverage for the insured, its owners and an employee for an underlying $112,466.57 personal injury default judgment.

  • January 18, 2022

    Dismissal Sought In Breach, Misrepresentation Suit Over EquityComp Program

    OMAHA, Neb. — Arguing in part that the plaintiffs fail to specify any alleged breach of a reinsurance participation agreement (RPA), defendants in a breach of contract and misrepresentation suit regarding a program called EquityComp on Jan. 7 asked a Nebraska federal court to dismiss the case for failure to state a claim.

  • January 14, 2022

    Bank: Challenged Mortgage Loan, Force-Placed Insurance Actions Were Authorized

    SACRAMENTO, Calif. — Arguing in part that an agreement gave it the right to take the challenged actions, Bank of America N.A. (BANA) on Jan. 12 moved in California federal court for dismissal of all claims against it in a putative class action that alleges unfair and deceptive practices connected to home mortgage loan servicing and that a reinsurance program does not serve a legitimate purpose.

  • January 14, 2022

    Reinsurer In Misconduct Settlement Row:  Petitions Fit ‘Claim’ Definitions

    FLINT, Mich. — Opposing partial judgment on the pleadings in a suit over indemnification arising from a $9.25 million settlement of sexual misconduct claims, a reinsurer on Jan. 12 told a Michigan federal court that a student’s petitions fit the definition of “claim” under both certificates at issue and that all claims count as a single one made in 2013.

  • January 13, 2022

    Arguing That Bellefonte Remains Good Law, Reinsurer Seeks 2nd Circuit Rehearing

    NEW YORK — A reinsurer on Jan. 11 sought rehearing of a Second Circuit U.S. Court of Appeals decision it said was among the industry’s most anticipated in years, arguing that the panel “misapprehended the rationale” of longstanding precedents abandoned in the ruling requiring it to pay defense costs in excess of certificates’ liability limits based on follow-form clauses; alternatively, the reinsurer sought rehearing en banc, arguing that the decision is “the outlier disturbing decades of uniformity.”

  • January 12, 2022

    Insurer To 6th Circuit: Arbitrability At Issue In Reinsurance Dispute

    CINCINNATI — Arguing that the case “presents a close question on the distinction between procedural and substantive arbitrability,” a health and life insurer on Jan. 10 asked the Sixth Circuit U.S. Court of Appeals to reverse a Michigan federal court’s order dismissing a dispute over a medical excess reinsurance agreement.

  • January 06, 2022

    Reinsurer Continues Argument Against Follow The Settlements In 2nd Circuit Reply Brief

    NEW YORK — In a Dec. 8 appellant reply brief urging reversal of a New York federal judge’s grant of summary judgment, a reinsurer says that in a different case, the Second Circuit U.S. Court of Appeals rejected the “risk of loss” allocation argument advanced by an excess insurer in the instant dispute over an asbestos claims settlement allocation.

  • January 05, 2022

    Suit Over Losses From Fund Tied To Reinsurance Stayed For Bermuda Decision

    FORT MYERS, Fla. — Granting an unopposed motion by a former Markel CATCo Investment Management Ltd. CEO, a Florida federal judge on Dec. 30 stayed a suit until Feb. 18 or the Bermuda Supreme Court’s issuance of a pending decision, whichever comes first; in the suit against the CEO, an LLC alleges fraudulent inducement and negligent misrepresentation in connection with its “losses of nearly $20 million” from a fund “tied to the reinsurance business operated by Markel CATCo Reinsurance Limited.”

  • January 05, 2022

    Reconsideration Sought On Interference, Illinois Bad Faith Claims In Reinsurance Row

    CHICAGO — Citing “newly discovered evidence” and claiming “a manifest error of law” in the suit over reinsurance claims, an insurer on Jan. 3 asked an Illinois federal judge to reconsider and clarify parts of a dismissal order related to its claims of bad faith refusal to pay under the Illinois Insurance Code and tortious interference with contracts.

  • December 30, 2021

    Bifurcation Argued In Mortgagors’ RESPA Claims Suit Over Captive Reinsurance

    FRESNO, Calif. — Pretrial wrangling in a long-running class action over captive reinsurance agreements continued between Dec. 16 and Dec. 23 in a California federal court, with the parties disputing whether the trial should be bifurcated into liability and damages phases and filing arguments and responses regarding pending motions to decertify the class and to strike allegedly untimely evidence.

  • December 28, 2021

    Settlement In Principle Reached In Reinsurance Suit Over Asbestos Claims

    DETROIT — The parties in a reinsurance dispute over asbestos claims have reached a settlement in principle following mediation with a special master, according to a Dec. 22 stipulated order filed in a Michigan federal court.

  • December 22, 2021

    High Court Review Sought In Disability Benefits Case Over Discretionary Authority

    WASHINGTON, D.C. — In a Dec. 9 petition to the U.S. Supreme Court for a writ of certiorari regarding judgment in favor of a disability insurer, a beneficiary seeks a “uniform rule enforcing an ERISA plan’s choice of law and applying the chosen law to all plan participants” and a ruling that the Employee Retirement Income Security Act does not preempt state law prescribing de novo judicial review for challenged benefit determinations.

  • December 22, 2021

    Reinsurer:  9th Circuit Allows Citizenship Pleading ‘On Information And Belief’

    SAN DIEGO — The plaintiff in a case over a debt allegedly owed under a series of reinsurance agreements on Dec. 20 sought leave from a California federal judge to amend its complaint to allege diversity jurisdiction “on information and belief,” citing a lack of information in the public record.