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Mealey's Insurance Pleadings

  • March 27, 2019

    Post-Trial Briefs Offered In Reinsurance Dispute Over Mine Subsidence Damages

    SPRINGFIELD, Ill. — An insurance fund and a railroad company on March 25 submitted their post-trial briefs to an Illinois federal court addressing alter-ego and de facto merger claims over 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.).

  • March 27, 2019

    Mortgage Company Seeks Dismissal Of Lender-Placed Insurance Scheme Case

    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.).

  • March 27, 2019

    Insurer: Insureds Waived Right To Appeal Award In Automobile Accident Case

    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).

  • March 27, 2019

    Parties Dispute Standing Under Stowers Doctrine In Texas High Court

    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.).

  • March 26, 2019

    Insurer Says Trial Court’s Ruling On Lead Exclusion Must Be Affirmed

    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).

  • March 26, 2019

    Insured Says Deductible Ruling In Asbestos Dispute Must Be Reversed

    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).

  • March 26, 2019

    Property Owner Asks Georgia Court To Reject Insurer’s Appeal Of $4.2M Jury Award

    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.).

  • March 25, 2019

    Insurer: Court Properly Found Policy Clearly Limited Coverage To State Minimum

    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.).

  • March 25, 2019

    Insurer Refutes Objections To Magistrate Report In Superstorm Sandy Vandalism Suit

    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.).

  • March 21, 2019

    Self-Insured Association, Reinsurer Offer Oppositions To Summary Judgment Motions

    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.).

  • March 18, 2019

    Proposed Findings, Conclusions Offered In Mishandling Case As To Insolvent Funeral Insurers

    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.).

  • March 14, 2019

    Insurer Asks 8th Circuit To Affirm Decision Finding No Coverage Under Policy

    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.).

  • March 13, 2019

    Insureds Sue Insurer In Florida Court Seeking Coverage For Hurricane Irma Damage

    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.).

  • March 13, 2019

    Homeowners: Court Should Not Dismiss Lender-Placed Insurance Scheme Case

    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.).

  • March 13, 2019

    Underinsured Motorist Benefits Entitlement Before Texas Top Court

    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.).

  • March 12, 2019

    Reservation Of Rights Was Timely Issued, Automobile Insurer Argues To Georgia Court

    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.).

  • March 11, 2019

    Insureds Ask 4th Circuit To Find Insurer Has Duty To Defend Data Breach Suit

    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.).

  • March 11, 2019

    Insurance Fund: Judgment On Alter-Ego Claims Should Be Denied Based On Evidence

    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.).

  • March 8, 2019

    Workers’ Comp Insurer Asks Judge To Adopt Finding Denying Class Certification

    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.).

  • March 7, 2019

    Risk Pool, Reinsurer File Summary Judgment Motions In Breach Of Contract Case

    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.).

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