Mealey's Insurance Pleadings

  • May 16, 2019

    Reinsurer: Court Erred In Decision To Remand Denial Of Reimbursement Claim

    RALEIGH, N.C. — A North Carolina reinsurance facility argues in a March 26 brief to the state’s appellate court that a trial court erred in remanding its denial of reimbursement to a motor vehicle insurer for an $11 million bad faith settlement because the insurer’s “short-lived, ill-advised 1-800 claims reporting procedure directly created the conditions for that bad faith judgment” (The North Carolina Reinsurance Facility v. Mike Causey, et al., No. COA 18-1303, N.C. App.).

  • May 15, 2019

    Disability Insurer Removes Breach Of Contract, Bad Faith Suit To Federal Court

    LOS ANGELES — A disability claimant’s suit seeking benefits under an individual disability income policy and alleging claims for breach of contract and bad faith must be removed to California federal court because the amount in controversy exceeds the federal jurisdictional minimum of $75,000, the insurer maintains in a May 14 notice of removal (Julie Borba, M.D. v. The Northwestern Mutual Life Insurance Co., et al., No. 19-4172, C.D. Calif.).

  • May 14, 2019

    Defendant Seeks Dismissal Of Hedge Funds’ Liquidators’ 2nd Amended Complaint

    NEW YORK — A defendant argues in a May 10 motion that a New York federal court should dismiss two hedge funds’ liquidators’ second amended complaint (SAC) with regard to allegations in connection “with one of the most spectacular hedge fund collapses” (Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y.).

  • May 14, 2019

    Reinsurers: No Exclusive Jurisdiction Exists To Hear Breach Of Contract Case

    CONCORD, N.H. — Reinsurers argue in a May 10 reply brief that a New Hampshire federal court does not have exclusive jurisdiction under the Foreign Sovereign Immunities Act (FSIA) to decide a breach of contract dispute over $22 million in outstanding reinsurance billings (United States Fire Insurance Co., et al. v. Equitas Insurance Ltd., et al., No. 18-01205, D. N.H.).

  • May 13, 2019

    Insurer Files Suit Seeking Coverage Obligation For Underlying Lead Paint Claims

    BALTIMORE — No coverage is owed for injuries sustained as a result of exposure to lead paint after June 13, 1999, because a lead paint exclusion added to insureds’ personal umbrella policy on June 13, 1999, bars coverage for lead paint exposure claims, an insurer says in a May 10 complaint filed in Maryland federal court (Allstate Insurance Co. v.  Asia Powe, et al., No. 19-1376, D. Md.).

  • May 10, 2019

    Insured’s Amended Complaint Fails To Cure Pleading Deficiencies, Insurers Argue

    ALBUQUERQUE, N.M. — An insured’s second amended complaint in an insurance breach of contract and bad faith lawsuit fails to cure the pleading deficiencies that led to the dismissal of her first amended complaint, insurers argue in an April 5 motion to dismiss filed in New Mexico federal court (Yvonne Apodaca v. Young America Insurance Co., et al., No. 18-399, D. N.M.).

  • May 08, 2019

    Company Asks Florida High Court To Reverse Dismissal Of Suit Against Insurer

    TALLAHASSEE, Fla. — A restoration company recently asked the Florida Supreme Court to reverse a lower court’s dismissal of its lawsuit against an insurer alleging that it underpaid a $20,305.74 bill for its work on the insureds’ water damage, contending that the language of an assignment of insurance benefits was invalid and unenforceable (Restoration 1 of Port St. Lucie v. Ark Royal Insurance Company, No. SC18-1624, Fla. Sup.).

  • May 08, 2019

    Insurer, Contractor Battle Over Default Judgment

    SEATTLE — A Washington state appeals court is set to decide whether a default judgment entered against a furnace installer who failed to inquire about or defend itself from an insurance company’s lawsuit was proper (Fire Insurance Exchange v. Sunset Air Inc., No. 52359-1, Wash. App., Div. II).

  • May 07, 2019

    Insured Asks Georgia Panel To Reverse Ruling In Suit Against Insurer, Specialist

    ATLANTA — An insured recently asked the Georgia Court of Appeals to reverse a lower court’s dismissal of his lawsuit against his homeowners insurer and a water-damage remediation specialist, contending that the insurer never paid the correct actual cash value for his water damage loss (Rudolf Lippan v. Liberty Mutual Fire Insurance Company, et al., No.A19A0916, Ga. App.).

  • May 07, 2019

    Responses Filed On Trust’s Status In Insolvent Insurers’ Breach Of Duty Case

    ST. LOUIS — A beneficiary to a preneed cemetery trust and the trustee respond on May 2 to arguments by the special deputy receiver (SDR) for three insolvent insurers raised in a Missouri federal court over whether a merchandise and services trust remains property of a receivership proceeding (Winner Road Properties LLC v. BMO Harris Bank, N.A. v. Jo Ann Howard & Associates, P.C., No. 16-1395, E.D. Mo.).

  • May 07, 2019

    Insurer’s Liquidator Seeks Vacating, Modification Of Reinsurer’s Arbitration Award

    CHICAGO — An insolvent insurer’s liquidator asked an Illinois federal court on May 3 to vacate or modify a $437,000 attorney fees award in a reinsurer’s case seeking confirmation of that award because the arbitration panel “exceeded their powers” and the award “manifestly disregards the law” (Catalina Holdings (Bermuda) Ltd. v. Jennifer Hammer, No. 18-5642, N.D. Ill.).

  • May 07, 2019

    Disability Claimant Says LTD Benefits Were Wrongfully Terminated Under ERISA

    PROVIDENCE, R.I. — In a May 6 complaint filed in Rhode Island federal court, a disability claimant who was employed by the Mashantucket Pequot Tribal Nation as a casino dealer in Connecticut alleges that the Tribal Nation and its disability insurer violated the Employee Retirement Income Security Act when they terminated her long-term disability (LTD) benefits (Nubia Mazzarese v. Mashantucket Pequot Tribal Nation, et al., No. 19-260, D. R.I.).

  • May 07, 2019

    Appellants Ask Panel To Reverse Ruling In Commercial Trucking Insurer’s Favor

    RICHMOND, Va. — Appellants recently asked the Fourth Circuit U.S. Court of Appeals to reverse a lower federal court’s grant of summary judgment in favor of a commercial trucking insurer, arguing that the lower court erred in finding that the insurer was relieved of its duties to provide surety under its policy for an underlying accident (Trustgard Insurance Company v. Sharon Collins, et al.,  No.18-2187, 4th Cir.).

  • May 07, 2019

    FEMA: No Waiver Of Sovereign Immunity In Superstorm Sandy Claims Review Process

    NEW YORK — The Federal Emergency Management Agency argues to the Second Circuit U.S. Court of Appeals in a May 3 brief that a lower court properly applied basic contract law and sovereign immunity principles in concluding that an insured did not have a “breach of contract” claim against it, asking the appeals court to affirm a take-nothing judgment in the insured’s lawsuit alleging that he was wrongfully denied $141,274.50 in insurance proceeds for Superstorm Sandy damage to his Long Beach, N.Y. home (David Clutter v. William B. Long, et al., No. 18-3520, 2nd Cir.).

  • May 03, 2019

    Insurers: Federal Court Should Hear Case Against Foreign Reinsurers

    CONCORD, N.H. — Insurers argue in an April 30 brief that a New Hampshire federal court is the natural forum to hear a breach of contract dispute over $22 million in outstanding reinsurance billings because the reinsurers are based in Nebraska, England, Japan, the Netherlands, Switzerland and Uruguay (United States Fire Insurance Co., et al. v. Equitas Insurance Ltd., et al., No. 18-01205, D. N.H.).

  • May 02, 2019

    Parties In Reinsurance Case Over Mine Damages Debate If Stocks Were Held In Trust

    SPRINGFIELD, Ill. — An insurance fund and a railroad company filed supplemental briefs on April 24 with an Illinois federal court to address whether shares of stock were held in a resulting trust to support claims for alter-ego and de facto merger with regard to payment for mine subsidence damages in their reinsurance coverage dispute (Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Co., No. 17-3199, C.D. Ill.).

  • April 30, 2019

    Bermuda Reinsurer Seeks Dismissal Of Former Employee’s Breach Of Contract Case

    BOSTON — A Bermuda reinsurance investment company and an affiliated company on April 29 moved to dismiss a former employee’s breach of contract lawsuit filed in Massachusetts federal court over an alleged failure to make incentive payments of $7.45 million because the employment agreement is subject to Bermuda court jurisdiction (Alissa Fredricks v. Markel CATCo Investment Management Ltd., et al., No. 19-10331, D. Mass.).

  • April 26, 2019

    Businessman Seeks Dismissal Of Hedge Funds’ Liquidators’ 2nd Amended Complaint

    NEW YORK — A businessman argues in an April 23 motion filed in a New York federal court that two hedge funds’ liquidators failed to “present a coherent narrative” to support a “guilt by association approach” to allegations in connection “with one of the most spectacular hedge fund collapses” (Martin Trott, et al. v. Platinum Management [NY] LLC, et al., No. 18-10936, S.D. N.Y.).

  • April 26, 2019

    Reinsurance Agreements’ Arbitration Clause Is Null And Void, Insurer Argues

    SAN JUAN, Puerto Rico — An insurer tells a Puerto Rico federal court on April 23 to deny a request by reinsurers to dismiss or compel arbitration of the insurer’s lawsuit regarding hurricane losses because the arbitration clause is invalid and unenforceable under Puerto Rico law (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico).

  • April 25, 2019

    Farmers: Federal Agencies Liable For Loss Of Revenue Protection For Crop Insurance

    DETROIT — A putative class of dry bean farmers argues to a Michigan federal court in an April 22 response that crop insurers and the federal agencies that reinsure them are liable to them for loss of revenue protection in 2015 because the federal agencies failed to use the actual market price as the harvest price to provide revenue protection under a dry bean revenue endorsement (DBRE) (Gregory Ackerman, et al. v. U.S. Department of Agriculture, et al., No. 17-11779, E.D. Mich.).

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