Mealey's Insurance Pleadings

  • August 19, 2019

    Insurer Asks Florida High Court To Find That It Has Standing To Sue Counsel

    TALLAHASSEE, Fla. — After a Florida appeals court certified a question of “great public importance” to the Florida Supreme Court, an insurer recently told the Florida high court that it has standing to maintain a malpractice lawsuit against counsel who was hired to represent its insured where it has a duty to defend (Arch Insurance Company v. Kubicki Draper LLP, No. 19-673, Fla. Sup.).

  • August 15, 2019

    Reinsurer, Entities Object To Dismissal Of Counterclaims Against Runoff Insurer

    NEW YORK — A reinsurer and its entities argue in a July 30 opposition that a New York federal court should deny a runoff insurer’s motion to dismiss their counterclaims for entitlement to advancement and indemnification under investment management agreements (IMAs) in a dispute over the misuse and mismanagement of $320 million (In re Platinum-Beechwood Litigation; Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-6658, S.D. N.Y.).

  • August 13, 2019

    Captive Insurer: Health Aides Fail To Identify Injury In Fact In Lost Wages Case

    BROOKLYN, N.Y. — A captive insurer and affiliates argue in an Aug. 9 reply brief to a New York federal court that home health aides “have been unable to identify any injury in fact, that is both individualized and concrete, and traceable” in their case alleging that a captive insurance and reinsurance scheme cheated the aides out of lost wages and benefits (Ynes M. Gonzalez de Fuente, et al. v. Preferred Home Care of New York LLC, et al., No. 18-6749, E.D. N.Y.).

  • August 09, 2019

    Reinsurer Asks 9th Circuit To Reverse Denial Of Motion To Intervene In $3.2M Case

    SAN FRANCISCO — A reinsurer argues in its Aug. 7 opening brief that the Ninth Circuit U.S. Court of Appeals should reverse a lower court’s order denying the reinsurer’s motion to intervene and remand to allow the reinsurer to file its complaint-in-intervention and proceed with its claims in a creditor’s dispute over a $3.2 million judgment (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al. v. Knight Insurance Company Ltd., Nos. 19-55346 & 19-55347, 9th Cir.).

  • August 08, 2019

    Commissioner Asks To Quash Subpoena In Reinsurer’s Breach Of Contract Case

    SACRAMENTO, Calif. — The California insurance commissioner on Aug. 6 asked a California federal court to quash a deposition subpoena in a breach of contract lawsuit filed by a reinsurer and its affiliates in a Nebraska federal court over a workers’ compensation program involving a reinsurance participation agreement (RPA) (Applied Underwriters Captive Risk Assurance Company Inc. v. Ramesh Pitamber & Kusum Pitamber, et al., No. 19-mc-00129, E.D. Calif.).

  • August 06, 2019

    University Seeks Coverage For Hundreds Of Sexual Abuse Claims Against Professor

    NEW YORK — The Rockefeller University on Aug. 4 sued its primary and excess commercial general liability insurers in the New York County Supreme Court for breach of contract, bad faith and deceptive business practices and sought a declaration as to coverage for several hundred underlying claims alleging that its former employee sexually abused children for a span of 40 years (The Rockefeller University v. Aetna Casualty & Surety Company, et al., No. 654425/2019, N.Y. Sup., New York Co.).

  • August 06, 2019

    Trustee Appeals Dismissal Of Coverage Suit Over SEC Investigation Against Insured

    BOSTON — A trustee for a bankrupt investment advisory company recently asked the First Circuit U.S. Court of Appeals to reverse a lower federal court’s dismissal of his complaint seeking excess insurance coverage for $7.7 million in attorney fees arising from a formal order of investigation brought by the Securities and Exchange Commission (Craig R. Jalbert v. Zurich Services Corporation, et al, No. 18-2244, 1st Cir.).

  • August 06, 2019

    Private-Label Manufacturer Appeals No-Coverage Ruling For Suit Against Wal-Mart

    SAN FRANCISCO — A private label manufacturer for Wal-Mart Inc. recently asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court’s ruling in favor of a commercial general liability insurer in its lawsuit seeking coverage for an underlying trademark infringement action brought against Wal-Mart, arguing that disputed issues of material fact preclude a summary judgment ruling (Hybrid Promotions LLC v. Federal Insurance Co., No. 18-56658, 9th Cir.).

  • August 06, 2019

    Appellant Says He Has Standing To Sue Publisher’s Insurer For Defamation Damages

    PHILADELPHIA — A man who obtained a default judgment and $1.5 million damages in a defamation lawsuit against Journal Register East Inc. (JRE) recently asked the Third Circuit U.S. Court of Appeals to find that he has standing to sue the publisher’s insurer to recover the damages, arguing that a lower federal court erred in finding that he was not the insured’s assignee (Thomas A. Riley Jr. v. Mutual Insurance Company Ltd., No. 19-1321, 3rd Cir.).

  • August 05, 2019

    Runoff Insurer:  No Contractual Advancement, Indemnification Owed To Former Executive

    NEW YORK — A runoff insurer argues in an Aug. 1 motion that a recent criminal conviction of an investment company’s former executive confirms that he is not entitled to contractual advancement and indemnification of expenses and legal fees in connection with several lawsuits arising from the runoff insurer’s allegations of misuse of $320 million by affiliates of a failed Ponzi scheme (In re:  Platinum-Beechwood Litigation, No. 18-6658, David Levy v. Senior Health Insurance Company of Pennsylvania, No. 19-3211, S.D. N.Y.).

  • August 05, 2019

    Insolvent Surety Does Not Oppose Request For $3.6M Supersedeas Bond, Stay

    RIVERSIDE, Calif. — An insolvent surety tells a California federal judge in an Aug. 1 brief that it does not oppose an ex parte application for approval of a supersedeas bond in the amount of $3.6 million and a stay of a judgment’s enforcement in its reimbursement dispute against contractors to the extent the stay is issued only to contractors whose liability is secured by the proposed bond (Western Insurance Co. in liquidation v. Frontier Homes LLC., et al., No. 17-2181, C.D. Calif.).

  • August 02, 2019

    Insured Asks 5th Circuit To Reverse Ruling In Suit Arising From Hail, Wind Damage

    NEW ORLEANS — A church insured recently asked the Fifth Circuit U.S. Court of Appeals to reverse a lower federal court’s summary judgment ruling in favor of an insurer in its lawsuit alleging that the insurer breached the contract and acted in bad faith when it replaced roofing materials with lesser quality materials after the insured's property sustained hail and windstorm damage to its roof (University Baptist Church of Fort Worth v. Lexington Insurance Company, 18-11415, 5th Cir.).

  • August 01, 2019

    Health Aides Reject Insurer’s Standing Arguments Over ERISA Claims In Lost Wages Case

    BROOKLYN, N.Y. — In response to a motion to dismiss a case alleging that a captive insurance and reinsurance scheme cheated home health aides out of lost wages and benefits, the aides argue in a July 26 brief to a New York federal court that a captive insurer and affiliates’ “flawed” standing argument cannot keep out Employee Retirement Income Security Act claims (Ynes M. Gonzalez de Fuente, et al. v. Preferred Home Care of New York LLC, et al., No. 18-6749, E.D. N.Y.).

  • August 01, 2019

    Insurer Refutes Application Of New York Law Over Reinsurance Billings Dispute

    BOSTON — In a dispute over outstanding reinsurance billings for settlement payments made over sexual molestation allegations, an insurer argues in a July 19 surreply that a Massachusetts federal court should reject underwriters’ arguments regarding application of New York law and the parties’ intention to have a court rule on disputes that billings are barred by prior arbitration awards, which were raised for the first time in their reply brief to a motion to dismiss (Century Indemnity Co. v. Certain Underwriters at Lloyd’s London, No. 19-11056, D. Mass.).

  • August 01, 2019

    Reinsurer, Affiliates Seek To Dismiss Counterclaims In Case Over Workers’ Comp Program

    OMAHA, Neb. — A reinsurer and its affiliates on July 26 asked a Nebraska federal court to dismiss insureds’ fourth amended answer, counterclaims and third-party claims and to strike a request for punitive damages in their breach of contract dispute over a workers’ compensation program involving a reinsurance participation agreement (RPA) (Applied Underwriters Captive Risk Assurance Company Inc. v. Ramesh Pitamber & Kusum Pitamber, et al., No. 17-61, D. Neb.).

  • July 30, 2019

    Real Estate Services Firm Sues Excess Insurer For Breach Of Contract, Bad Faith

    CHICAGO —A real estate services firm insured on July 17 sued its first-level excess professional liability insurer in the U.S. District Court for the Northern District of Illinois for breach of contract and bad faith in a coverage dispute over an underlying fraudulent misrepresentation suit regarding a real estate appraisal the insured generated 13 years ago (Cushman & Wakefield of Pennsylvania v. Illinois National Insurance Company, No. 19-04790, N.D. Ill.).

  • July 25, 2019

    Known ‘John Doe’ At Heart Of Georgia Insurance Appeal

    ATLANTA — A Georgia appeals court received briefing in June as a man attempts to revive his action suing a John Doe defendant to pursue uninsured motorist benefits despite knowing both the actual party’s name and whereabouts (William Lawson v. Geico Casualty Co., No. A19A2011, Ga. App.).

  • July 24, 2019

    Air Ambulance Service Tells 8th Circuit It Is Not An Insurance Business

    ST. LOUIS — An air ambulance company on May 9 filed a brief in the Eighth Circuit U.S. Court of Appeals contending that a district court wrongly determined that its membership plan constitutes an insurance business that is governed by North Dakota law.  The company maintains that it is entitled to federal preemption of state law (Guardian Flight LLC v. Jon Godfread, et al., No. 19-1343, 8th Cir.).

  • July 22, 2019

    Insurer Asks Panel To Find No Coverage Owed For Sexual Assault Suits Against Pastor

    NEW ORLEANS — An insurer recently asked the Fifth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that it has a duty to defend its pastor insured against three underlying lawsuits alleging that he sexually assaulted three parishioners, arguing that the lower court’s construction of its policies’ sexual or physical abuse or molestation coverage “neither mentions nor distinguishes case law interpreting those same policy provisions in a manner that precludes a duty to defend” (Philadelphia Indemnity Insurance Company v. Terry R. Knighten, No. 18-50832, 5th Cir.).

  • July 22, 2019

    Parties Seek 3rd Circuit Review Of Rulings In Insurance Bad Faith Dispute

    PHILADELPHIA — Parties in an insurance bad faith lawsuit stemming from an automobile accident recently asked a Third Circuit U.S. Court of Appeals panel to determine whether a federal judge erred in precluding an insured from providing testimony from her expert witness and whether the judge provided “confusing and erroneous” jury instructions as to the insured’s burden of proof (Maria Antonio v. Progressive Insurance Co., No. 19-1074, 3rd Cir.).

Can't find the article you're looking for? Click here to search the Mealey's Insurance Pleadings archive.