Mealey's Insurance Pleadings

  • November 12, 2021

    Insured Alleges Insurer Breached Contract By Denying Coverage For Pollution Claims

    CAMDEN, N.J. — An insured claims in a Nov. 9 complaint filed in New Jersey federal court that its pollution liability insurer breached its contract in denying coverage for environmental contamination claims arising out of the discharge of contaminated wastewater into a county sewer system.

  • November 10, 2021

    MLB Teams:  Panel Should Defer Issue Of Physical Loss Or Damage To California Courts

    SAN FRANCISCO — Five Major League Baseball teams based in California on Nov. 8 filed an amicus curiae brief in support of a retailer insured’s petition for a rehearing of the Ninth Circuit U.S. Court of Appeals’ ruling that affirmed a lower federal court’s dismissal of its class complaint seeking coverage under a comprehensive business insurance policy for its claimed losses following the state’s “Stay at Home” order in response to the coronavirus pandemic, arguing that the panel “should defer to the California courts on a quintessential issue of state law like the meaning of insurance policy language.”

  • November 10, 2021

    Firm Seeks Coverage For Negligence Suits Arising From Surfside Condominium Collapse

    MIAMI — The same day an engineering firm moved for a Maryland federal court to dismiss two insurers’ lawsuit disputing coverage for underlying actions brought by victims of the June 24 partial collapse of a Surfside, Fla., condominium high-rise, it filed its own suit in a Florida court on Oct. 5 seeking a declaration as to coverage.

  • November 10, 2021

    Insurer Battles Kaiser Gypsum’s Bid To Dismiss Appeal Of Plan Approval

    RICHMOND, Va. — The primary insurer for Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. has standing to appeal the confirmation of the debtors’ plan of reorganization, and the appeal is not moot, the insurer says in a Nov. 1 response to the debtors’ motion in the Fourth Circuit U.S. Court of Appeals to dismiss the appeal.

  • November 05, 2021

    Reinsurer Sued For Part Of Insurers’ Settlement With Duke Energy

    WHITE PLAINS, N.Y. — Following their confidential settlement with Duke Energy Carolinas LLC and Duke Energy Progress, LLC (together, Duke) “for environmental losses arising out of coal combustion residuals” at power plant sites, insurers TIG Insurance Co. and Associated Electric and Gas Insurance Services Limited (AEGIS) sued a reinsurer for part of the costs on Nov. 2 in a New York federal court, claiming breach of contract.

  • November 04, 2021

    Petition To Appoint Umpire In Reinsurance Arbitration Is Voluntarily Dismissed

    PHILADELPHIA — Century Indemnity Co. on Nov. 3 filed a notice to voluntarily dismiss its Oct. 14 petition for a Pennsylvania federal court to appoint an umpire in arbitration over “a complex and confidential dispute” over whether Certain Underwriters at Lloyd’s, London, is required to reimburse Century’s reinsurance bills.

  • November 03, 2021

    Class Suit Alleges Unfair, Deceptive Mortgage Loan, Force-Placed Insurance Actions

    SACRAMENTO, Calif. — A property owner on Oct. 29 filed a putative class action against Bank of America N.A. (BOA) and Integon National Insurance Co. in California federal court, alleging unfair and deceptive practices connected to home mortgage loan servicing, including that a reinsurance program does not serve a legitimate purpose.

  • November 03, 2021

    Counterclaims Are Barred, Reinsurer Argues In Suit Over Misconduct Settlement

    FLINT, Mich. — In a Nov. 2 answer to counterclaims filed in a Michigan federal court in a suit over an indemnification demand that arises from a $9.25 million settlement of sexual misconduct claims, Munich Reinsurance America Inc. (Munich Re) repeats the allegations in its complaint, arguing that the counterclaims are barred by the terms of the disputed reinsurance policy.

  • November 02, 2021

    Retailer Insured Seeks Rehearing En Banc In Coronavirus Coverage Class Action

    SAN FRANCISCO — A retailer insured on Oct. 29 filed a petition for a rehearing en banc of the Ninth Circuit U.S. Court of Appeals’ ruling earlier in the  month that affirmed a lower federal court’s dismissal of its class complaint seeking coverage under a comprehensive business insurance policy for its claimed losses following the state’s “Stay at Home” order in response to the coronavirus pandemic, arguing that the recurring question of whether “physical loss or damage” includes the loss of use or function of property that is not structurally altered or damaged is of exceptional importance to California businesses “never more so than now.”

  • November 01, 2021

    Quest Appeals No-Coverage Rulings In Suits Arising From Opioid Epidemic

    PADUCAH, Ky. — Quest Pharmaceuticals Inc. on Oct. 29 filed two notices in a federal court in Kentucky appealing two rulings granting summary judgment in favor of its insurers in a coverage dispute over lawsuits alleging that it improperly distributed opioids.

  • October 29, 2021

    Reinsurer Files Answer In Breach Of Contract Suit With Health Insurer

    GALVESTON, Texas — In an Oct. 13 answer to a health insurer’s breach of contract complaint in a Texas federal court, a reinsurer asserts six affirmative defenses including that the insurer “has already received payment for the Doe Patient claim from another entity.”

  • October 28, 2021

    Insurance Guaranty Agency Appeals Federal Court’s Dismissal Of Medicare Suit

    RALEIGH, N.C. — The North Carolina Insurance Guaranty Association (NCIGA) on Oct. 19 filed a notice of appeal of a North Carolina federal court’s ruling that granted the secretary of Health and Human Services and federal agencies’ motion to dismiss its lawsuit challenging the reporting requirements under the federal Medicare Secondary Payer (MSP) statute.

  • October 26, 2021

    State Farm Moves For New Trial After $6.3M Jury Verdict In Favor Of Actress

    LOS ANGELES — State Farm General Insurance Co. on Oct. 25 moved for a new trial or remittitur after a jury in a California federal court determined earlier this month that the insurer breached its homeowners’ insurance policy with actress Shannen Doherty and further breached the implied covenant of good faith and fair dealing in its handling of her Woolsey Fire claim and awarded Doherty more than $6.3 million, which includes amounts for remediation and living expenses.

  • October 25, 2021

    Insurers, Captive Reinsurer Seek Class Decertification Under TransUnion

    FRESNO, Calif. — Citing the U.S. Supreme Court’s recent TransUnion LLC v. Ramirez decision, the defendants that mortgagors allege violated anti-kickback provisions of the Real Estate Settlement Procedures Act (RESPA) on Oct. 20 asked a California federal court to decertify the class in the long-running suit over captive reinsurance agreements that is scheduled for jury trial on Feb. 15.

  • October 22, 2021

    Insurer Seeks Reconsideration Of Ruling It Must Defend Suit Over Defective Balconies

    NEW YORK — A federal judge in New York erred in finding that an exclusion barring coverage for losses related to an insured’s misuse of funds did not apply to one of three property and project management service company plaintiffs in a declaratory judgment suit against their insurer, and the judge “at a minimum” should find that the exclusion bars coverage for that company, the insurer says in an Oct. 14 motion seeking reconsideration or certification for interlocutory appeal of the judge’s order that it must continue to defend the companies in a suit related to persistent construction and design defects with the balconies of a condominium.

  • October 22, 2021

    Subcontractor, Condo Association Oppose Insurer’s Request For Reconsideration

    DENVER — Saying its insurer “raises no new arguments, precedent, or facts,” a glass subcontractor accused of negligence and breach of contract in connection with its alleged faulty installation of windows and doors at a condominium complex and the condominium association urge a Colorado federal court in an Oct. 13 brief to not reconsider its order denying the insurer’s motion for partial summary judgment or certify the order for interlocutory appeal.

  • October 20, 2021

    Subcontractor Appeals Summary Judgment Ruling In Insurance Case To 11th Circuit

    FORT LAUDERDALE, Fla. — A subcontractor sued for its alleged negligence in furnishing materials and installing the glass façade of a casino and hotel on Oct. 18 filed a notice of appeal in Florida federal court indicating its intent to appeal to the 11th Circuit U.S. Court of Appeals the lower court’s ruling that an insurer has no duty to defend and indemnify it in the underlying action.

  • October 20, 2021

    Judge Enters Final Default Judgment Against Pastor In Sexual Abuse Coverage Suit

    SAVANNAH, Ga. — A federal judge in Georgia on Oct. 12 granted an insurer’s motion for entry of a final default judgment against a Baptist church insured’s former pastor in its declaratory judgment lawsuit disputing coverage for an underlying lawsuit alleging that the pastor subjected a minor to repeated acts of sexual abuse when she attended the church.

  • October 18, 2021

    Minor League Baseball Teams Seek Panel Rehearing In Coronavirus Coverage Dispute

    SAN FRANCISCO — Small businesses that own and operate Minor League Baseball (MiLB) teams on Oct. 15 filed a petition seeking a panel rehearing or rehearing en banc of the Ninth Circuit U.S. Court of Appeals’ Oct. 1 ruling that affirmed a federal court’s dismissal of their breach of contract and declaratory judgment coronavirus coverage lawsuit brought against insurers, arguing that the panel “misapplied or overlooked key issues of fact and law regarding the doctrines of efficient proximate causation and regulatory estoppel.”

  • October 18, 2021

    Pennsylvania Federal Court Asked To Appoint Umpire In Arbitration Over Reinsurance

    PHILADELPHIA — Century Indemnity Co. on Oct. 14 petitioned a Pennsylvania federal court to appoint an umpire in arbitration over “a complex and confidential dispute” over whether Certain Underwriters at Lloyd’s, London, is required to reimburse Century’s reinsurance bills.

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