Mealey's Insurance Pleadings

  • 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.

  • October 18, 2021

    Insured: Panel Failed To Answer ‘Central’ Question In Coronavirus Coverage Suit

    SAN FRANCISCO — In an Oct. 15 petition for panel rehearing of the Ninth Circuit U.S. Court of Appeals’ Oct. 1 ruling that affirmed a lower court’s dismissal of its putative class action seeking coverage for class members’ “substantial financial losses” resulting from the coronavirus and subsequent civil authority orders, the insured argued that the panel failed to answer “whether the presence of the SARS-CoV-2 virus causes ‘direct physical loss of or damage to property’ as that phrase is commonly used in all-risk property insurance policies.”

  • October 18, 2021

    Insurers, Reinsurers Sue GE For Negligence, Liability In Power Plan Incident

    ATLANTA — A group of insurers, reinsurers and retrocessionaires on Oct. 14 filed suit in a Georgia federal court as subrogees of the owner of an Algerian power plant seeking no less than $28 million in damages against General Electric International Inc. (GE International) and related entities in relation to a November 2019 incident.

  • October 18, 2021

    Jane Doe Appeals No Coverage Ruling For Sexual Abuse Claims Against Church, Pastor

    SAVANNAH, Ga. — An underlying claimant on Sept. 27 appealed a Georgia federal court’s finding that her lawsuit against a Baptist church is excluded from coverage because it arose out of its pastor’s purported sexual abuse.

  • October 13, 2021

    Negligence, UCL Claims Filed Against Marketer In Alleged Reinsurance Scheme

    SAN DIEGO — Individuals who allege that they were sold counterfeited and nonexistent PregnancyCare insurance policies under “supposed captive reinsurance programs” filed a putative class complaint in California federal court on Oct. 11, claiming violation of California’s unfair competition law (UCL), negligent misrepresentation and unjust enrichment.

  • October 13, 2021

    Firm Moves To Dismiss Insurers’ Suit Disputing Coverage For Surfside Collapse

    BALTIMORE — An engineering firm insured on Oct. 5 moved for a Maryland federal court to dismiss two commercial general liability insurers’ lawsuit disputing coverage for underlying lawsuits brought by victims of the June 24 partial collapse of a Surfside, Fla., condominium high-rise, arguing that the insurers failed to join necessary and indispensable parties.

  • October 12, 2021

    Golden Corral Franchisor Appeals Dismissal Of Coronavirus Coverage Dispute

    RALEIGH, N.C. — Golden Corral Corp. and Golden Corral Franchising Systems filed a notice in a North Carolina federal court on Oct. 6 indicating that they are appealing the court’s grant of an insurer’s motion for judgment on the pleadings and dismissal of their bad faith lawsuit seeking coverage for their financial losses arising from the suspension of their restaurant operations in response to the government orders prompted by the coronavirus pandemic.

  • October 08, 2021

    Breach Of Contract Suit Filed Against Reinsurers Over Asbestos, Other Claim Bills

    LOS ANGELES — An insurer sued reinsurers over billings for claims related to asbestos and other issues in California state court on Sept. 30, alleging breach of contract and seeking declaratory relief; the insurer also moved for an order to seal information related to prior settlement agreements.

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