We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Mealey's Insurance Pleadings

  • July 31, 2018

    Michigan University Seeks Coverage For Suits Over Nassar’s ‘Horrifying’ Conduct

    LANSING, Mich. — Michigan State University (MSU) on July 26 sued 13 of its insurers for breach of contract in Michigan court, seeking a declaration as to coverage for numerous lawsuits arising from decades of sexual abuse by its former doctor Lawrence “Larry” Gerard Nassar (Michigan State University v. United Educators, et al., No. n/a., Mich. Cir., Ingham Co.).

  • July 31, 2018

    Insurer Ask 6th Circuit To Rehear Ruling In Crime Coverage Suit Over Wire Transfers

    CINCINNATI — An insurer on July 27 filed a petition for rehearing of the Sixth Circuit U.S. Court of Appeals’ finding that it owes coverage for fraudulent email communications that caused its insured to issue three wire transfer payments of $834,107 to cybercriminals (American Tooling Center Inc. v. Travelers Casualty and Surety Co. of America, 17-2014, 6th Cir.).

  • July 31, 2018

    Insurer Challenges Panel’s $5.8M Judgment In Dispute Arising From Computer Fraud

    NEW YORK — In a July 26 petition for panel rehearing, an insurer argues that the Second Circuit U.S. Court of Appeals’ finding that a firm's multimillion-dollar loss due to a fraudulent wire transfer scheme constituted computer fraud under an executive protection insurance policy “conflicts with decisions” of the other federal circuit courts and the New York Court of Appeals “on a question of exceptional importance to insurers and insureds administering policies with ‘Computer Fraud’ coverage provisions” (Medidata Solutions Inc v. Federal Insurance Company, No. 17-2492, 2nd Cir.).

  • July 25, 2018

    Insurer’s Liquidator Says Indemnity Claim Is Barred By Sovereign Immunity Doctrine

    ATLANTA — A claim for surcharge by an insolvent insurer’s sole shareholder is barred by the doctrine of sovereign immunity, the insolvent insurer’s liquidator and an auditing company argue July 9 in separate appeal briefs to the Georgia Supreme Court (Georgia, et al. v. International Indemnity Co., et al., No. S18G0493 & Regulatory Technologies Inc. v. Georgia, et al., No. S18G0499, Ga. Sup.).

  • July 25, 2018

    Mother Wants Son’s $4.6M Liability Ruling Reinstated By Supreme Court

    WASHINGTON, D.C. — The Seventh Circuit U.S. Court of Appeals “greatly departed from the accepted and usual course of judicial proceedings” in concluding that a liability insurer may fail to defend a lawsuit in breach of its contract with the insured, all the while safe in the knowledge that at worst it will someday hypothetically be liable only for the policy limits, a woman told the Supreme Court on June 28 (Shannon Hyland, et al. v. Liberty Mutual Fire Insurance Co., No. 18-24, U.S. Sup.).

  • July 25, 2018

    Insolvent Insurer’s Receiver Seeks Dismissal Of Party From Negligence Lawsuit

    OKLAHOMA CITY — An insolvent insurer’s receiver filed a reply on July 20 to an Oklahoma federal court in support of her request to dismiss a party from her negligence lawsuit against reinsurance intermediaries for their alleged negligence in providing reinsurance services to the insurer (Oklahoma, et al. v. Axiom Re LP, et al., No. 17-0484, W.D. Okla.).

  • July 25, 2018

    Appellant: Court Took ‘Unjustifiably Narrow View Of What Constitutes Insurance’

    RICHMOND, Va.— An appellant recently asked the Fourth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that the sale of a vehicle anti-theft device that has a manufacturer warranty does not constitute the sale of insurance pursuant to West Virginia law, contending that the “Protection Plus Policy” was “manifestly insurance and not a warranty” and

  • July 24, 2018

    Parties Dispute Montana Court’s $925,619 Award Of Fees To Insurer

    HELENA, Mont. — A property owner and contractor recently submitted arguments over whether a trial court misapplied its inherent powers when it awarded $925,619 in fees to an insurer in a coverage dispute related to property defects (Abbey/Land, LLC v. Glacier Construction Partners, LLC, And James River Insurance Company, No. DA 17-0705, Mont. Sup.).

  • July 24, 2018

    Subcontractor Opposes U.S. High Court Question In Case Over Faulty Workmanship

    WASHINGTON, D.C. — A subcontractor argues to the U.S. Supreme Court in a July 10 brief that there is no split on how federal appellate courts predict how a state high court would rule over whether faulty work that caused damage to an insured’s own work can constitute an “occurrence” (Aspen Insurance [UK] Ltd, et al. v. Black & Veatch Corp., No. 17-1662, U.S. Sup.).

  • July 24, 2018

    Injured School Employee, Insured Battle With Home Insurer Over Coverage

    WEST PALM BEACH, Fla. — A Florida appeals court is set to decide whether a man’s homeowners insurance covers injuries a woman sustained when he made physical contact with her while picking his stepson up from school.  Oral arguments are scheduled for July 24 (Doreen Holden, et al. v. Homeowners Choice Property and Casualty Insurance Company Inc., et al., Case Nos. 4D17-2364, 4D17-2397, Fla. App., 4th Dist.).

  • July 24, 2018

    Insolvent Funeral Insurers’ Receiver Objects To Motion To Quash Documents

    ST. LOUIS — In a Missouri federal court dispute over the mishandling of funds belonging to insolvent funeral insurers, a special deputy receiver and state insurance guaranty associations on July 23 objected to a nonparty’s motion to quash documents and, instead, argue that the nonparty should be required to comply with a subpoena (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo., 2018 U.S. Dist. LEXIS 96627).

  • July 19, 2018

    Stacking Waiver, Coverage Availability Debated At 3rd Circuit By Insurer, Driver

    PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals heard oral arguments on July 12 from an insurer and a motorist who was in a car accident, as they debated whether coverage was available for a vehicle that was added to a car insurance policy after the insured had signed a stacking waiver (Wayne E. Kuhns, et al. v. The Travelers Home and Marine Insurance Co., No. 17-3371, 3rd Cir.).

  • July 18, 2018

    Rapid-American Insurers Press For Trust Information From Claims Facilities

    NEW YORK — Insurers of Chapter 11 debtor Rapid-American Corp. continue to do battle over the amount of claimant information they are entitled to under court-approved discovery subpoenas to asbestos trust claims-processing facilities, with the insurers telling a New York federal bankruptcy court on July 10 that they should be allowed to issue subpoenas like those used in Garlock Sealing Technologies’ landmark bankruptcy case (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

  • July 18, 2018

    Ohio High Court Hears Arguments In Insurance Defective Work Dispute

    COLUMBUS, Ohio — The Ohio Supreme Court heard oral arguments on June 12 in a dispute between a commercial general liability insurer, a contractor and a university over whether coverage exists for damages sustained in a construction project as a result of allegedly defective work caused by subcontractors (Ohio Northern University v. Charles Construction Services Inc. v. The Cincinnati Insurance Co., No. 2017-0514, Ohio Sup.).

  • July 17, 2018

    Insurer Files Breach Of Contract Counterclaim Against Reinsurers

    NEW YORK — An insurer counterclaimed for breach of contract on July 16 against two reinsurers in a New York federal court, seeking a declaration that the insurer cannot arbitrate claims asserted under facultative reinsurance contracts for losses of $2.5 million (Continental Insurance Company of New Jersey, et al. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 18-4715, S.D. N.Y.).

  • July 11, 2018

    10th Circuit Should Reverse, Remand Coverage Case Due To Errors, Insured Says

    DENVER — An insured filed a brief Jan. 5 in the 10th Circuit U.S. Court of Appeals asking it to reverse a lower court’s decision and send his lawsuit against a property insurer back to state court on grounds that the insurer committed bad faith, wrongly depreciated his property and should not have reduced the amount he sought on his claim for repairs to a property for which he is a landlord (Douglas E. Bruce v. Pacific Specialty Insurance Co., No. 17-1426, 10th Cir.).

  • July 11, 2018

    Briefs Address New Jersey Consumer Protection Law’s Application To Insured’s Release

    PHILADELPHIA — Allowing an insurer to prey upon consumers by hurrying them into signing releases when both parties are insured by the same company guts existing precedent and would drastically reduce the reach of New Jersey consumer-protection law, an insured tells the Third Circuit U.S. Court of Appeals in recent briefing.  But in response, the insurer and its employee tell the court that the insured is not a consumer under the law in question, and that her claims are preempted (Ana Lidia Alpizar-Fallas v. Frank E. Favero, et al., No. 17-3837, 3rd Cir.).

  • July 11, 2018

    Reinsurance Participation Agreement Is Not ‘Insurance Contract,’ Reinsurer Argues

    RICHMOND, Va. — A reinsurer on May 7 asked the Fourth Circuit U.S. Court of Appeals to grant its renewed motion to compel arbitration, arguing that a lower federal court improperly denied the motion after finding that the reinsurance participation agreement (RPA) was an insurance contract pursuant to Virginia Code Section 38.2-312 (Minnieland Private Day School v. Applied Underwriters Captive Risk Assurance Company Inc., 17-2385, 4th Cir.).

  • July 11, 2018

    Excess Insurers Seek To Dismiss Or Stay Pfizer’s Delaware Coverage Suit

    WILMINGTON, Del. — Two excess insurers have asked the Delaware Superior Court to dismiss with prejudice or stay Pfizer Inc.’s lawsuit seeking coverage for underlying class action claims that its directors and officers made misrepresentations and omissions as to the safety of two COX-2 inhibitor drugs, arguing that their related federal lawsuit is the more appropriate forum (Pfizer Inc. v. Arch Specialty Insurance Company and U.S. Specialty Insurance Company, N18C-01-310, Del. Super.).

  • July 10, 2018

    Couple: Defense Arbitrator’s Partiality Warrants Vacating Insurer’s Award

    HARRISBURG, Pa.  — A couple told the Pennsylvania Superior Court in a May 8 reply brief that a trial judge erred when awarding summary judgment to an insurer, arguing that the judge should have vacated an arbitration award because the insurer’s arbitrator was not impartial because she did work for the company’s defense firm (Erie Insurance Exchange v. Patricia Neishel, et al., No. 1813 MDA 2017, Pa. Super.).