TRENTON, N.J. — A mortgage company argues in a March 25 reply brief to a New Jersey federal court that the filed-rate doctrine bars homeowners’ claims in a lawsuit concerning allegations of violations of the Racketeer Influenced and Corrupt Organizations Act based on a lender-placed insurance (LPI) scheme involving the use of kickbacks, including reinsurance premiums (Edward Leo v. Nationstar Mortgage LLC of Delaware, et al., No. 17-05839, D. N.J.).
LOS ANGELES — An insurer on Jan. 11 filed a brief in a California appellate court contending that a mother and daughter have waived their right to appeal a lower court’s ruling on an arbitration award related to bad faith claim stemming from injuries they suffered in an automobile accident (Dionne Cooper, et al. v. Farmers Insurance Exchange, et al., No. B292019, Calif. App., 2nd Dist., Div. 2).
AUSTIN, Texas — Insurers and claimants recently filed briefs in the Texas Supreme Court, disputing whether an appeals court’s decision that held that the Medical Liability and Insurance Improvement Act of Texas (MLIIA) conferred direct standing on claimants to file an action under an insurance doctrine should be upheld (Truck Insurance Exchange & Team Health, Inc. v. Marcus Hernandez And Diane Hernandez, No. 18-0717, Texas Sup.).
ATLANTA — The Georgia Court of Appeals should affirm a trial court’s ruling that no coverage is owed for an underlying suit alleging bodily injuries caused by exposure to lead paint because the policy at issue includes a lead exclusion that clearly bars coverage, the insurer argues in a recently filed appellee brief (Mary Douglas, et al. v. Country Mutual Insurance Co., No, A19A0925, Ga. App., 2019 GA App. Ct. Briefs LEXIS 64).
LOS ANGELES — An insured involved in a long-standing asbestos insurance coverage dispute argues in a March 15 reply brief filed in the Second District California Court of Appeal that the appeals court should enforce its decision in a 2007 case and reverse a trial court’s finding that the insured’s attempt to recover more than $6.6 million in deductibles is time-barred (Truck Insurance Exchange v. Kaiser Cement & Gypsum Corp., et al., No. B278091, Calif. App., 2nd Dist., Div. 4, 2019 CA App. Ct. Briefs LEXIS 643).
ATLANTA — A property owner on Jan. 21 challenged an insurer’s appeal asking the Georgia Court of Appeals to set aside a lower court’s $4.2 million jury award, calling the insurer’s “absurd argument” a “last-ditch attempt” to avoid paying its title insurance claim (Old Republic National Title Insurance Co. v. RM Kids LLC, No. A19A0971, Ga. App.).
KANSAS CITY, Mo. — An insurance company tells a Missouri appeals court in a Jan. 2 response brief that a trial court judge properly dismissed a woman’s breach of contract suit over the coverage provided by her uninsured motorist (UM) policy because the policy clearly states that coverage is limited to the state minimum of $25,000 and that the limits cannot be stacked to exceed that amount (Victoria Logan v. American Family Mutual Insurance Co., No. WD81950, Mo. App., Western Dist.).
BROOKLYN, N.Y. — An insurer on March 22 responded to insureds’ objections to a New York federal magistrate's recommendation that its motions for leave to amend its answer to include certain counterclaims, to compel and for sanctions be granted and the insureds’ motion to file a second amended complaint be denied, telling the federal court that the insureds’ arguments in their coverage dispute following Superstorm Sandy are “based on a variety of patent factual and legal errors” (Robert and Laura Toussie v. Allstate Insurance Company, No. 15-5235, E.D. N.Y.).
TAMPA, Fla. — A Florida self-insured intergovernmental risk management association and a reinsurer on March 18 responded to their competing summary judgment motions in a breach of contract dispute filed in Florida federal court with regard to allegations that the reinsurer failed to reimburse a $750,000 settlement and defense costs in a civil rights action (Public Risk Management of Florida v. Munich Reinsurance America Inc., No. 18-1449, M.D. Fla.).
ST. LOUIS — A Missouri federal court was presented with parties’ proposed findings of fact and conclusions of law on March 4 in a dispute filed by a special deputy receiver and state insurance guaranty associations regarding allegations over the mishandling of insolvent funeral insurers’ funds (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).
ST. LOUIS — An insurer and a third-party claims administrator on Feb. 19 responded to an appeal in the Eighth Circuit U.S. Court of Appeals filed by a woman who was denied insurance coverage for her stay at a nursing home, arguing that a district court’s decision granting their motion for summary judgment should be affirmed because the facility where she was a resident did not meet the requirements of her insurance policy (Leona Van Dusseldorp v. Continental Casualty Co., et al., No. 18-3257, 8th Cir.).
TAVARES, Fla. — Florida insureds recently filed a breach of contract lawsuit against their “all risk” homeowners insurer after it estimated that their Hurricane Irma damages were less than their policy’s hurricane deductible (Devin and Ryanne Gilliland v. Federal Insurance Company, No.19-00030, Fla. Cir., Lake Co.).
TRENTON, N.J. — In a case concerning allegations of violations of the Racketeer Influenced and Corrupt Organizations Act based on a lender-placed insurance (LPI) scheme involving the use of kickbacks, including reinsurance premiums, homeowners in a March 11 brief tell a New Jersey federal court that dismissal of his claims based upon the filed-rate doctrine would violate a longstanding principle that the filed-rate doctrine protects an insurer’s terms and conditions regarding the services provided to its customers that are covered by a tariff or filed-rate (Edward Leo v. Nationstar Mortgage LLC of Delaware, et al., No. 17-05839, D. N.J.).
AUSTIN, Texas — The Texas Supreme Court will confront the question of how and when an insured is entitled to underinsured motorist coverage in a case where a woman exhausted a third party’s liability policy and unsuccessfully turned to her own insurer to cover the difference. Briefing in the case wrapped up Feb. 25 (Casey Ann Weber v. Progressive County Mutual Insurance Co., No. 18-0231, Texas Sup.).
ATLANTA — An insurer recently asked the Georgia Court of Appeals to reverse a lower court’s denial of its motion for summary judgment in its declaratory judgment lawsuit disputing coverage for an underlying bodily injury and property damage lawsuit arising from a car accident (ACCC Insurance Company of Georgia v. Shawn Walker, et al., No. A19A0804, Ga. App.).
RICHMOND, Va. — A cybersecurity provider insured recently asked the Fourth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that a commercial general liability insurer has no duty to defend it against underlying personal injury claims arising from a credit card breach involving hotel customers, contending that the lower court “incorrectly applied Florida insurance coverage law” (St. Paul Fire & Marine Insurance Co. v. Rosen Millennium Inc., No. 18-14427, 4th Cir.).
SPRINGFIELD, Ill. — In a reinsurance coverage dispute in Illinois federal court over payment for mine subsidence damages, an insurance fund in a March 6 brief argues that a railroad company’s motion for judgment on alter-ego and de facto merger claims should be denied based on evidence and testimony presented at trial (Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Co., No. 17-3199, C.D. Ill.).
LINCOLN, Neb. — A workers’ compensation insurer on March 6 requested that a Nebraska federal court adopt a magistrate judge’s recommendation denying class certification in a dispute over a promissory note executed pursuant to a reinsurance participation agreement (RPA) (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb.).
TAMPA, Fla. — In a breach of contract dispute, a Florida self-insured intergovernmental risk management association and a reinsurer filed competing motions for summary judgment on March 4 with regard to allegations that the reinsurer failed to reimburse a $750,000 settlement and defense costs in a civil rights action (Public Risk Management of Florida v. Munich Reinsurance America Inc., No. 18-1449, M.D. Fla.).
WASHINGTON, D.C. — A financial service company argues in a March 1 opposition brief in a District of Columbia federal court that reinsurers should be denied their request to dismiss or compel arbitration of its dispute over a $26 million arbitration award because the reinsurers fail to show that its amended complaint fails to state claims against them (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C.).