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Mealey's Insurance Pleadings

  • 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.).

  • March 6, 2019

    Company Asks Court To Reject Reinsurers’ Motion To Dismiss Or Arbitrate

    WASHINGTON, D.C. — A financial service company argues in a March 1 opposition brief in a District of Columbia federal court that reinsurers should be denied their request to dismiss or compel arbitration of its dispute over a $26 million arbitration award because the reinsurers fail to show that its amended complaint fails to state claims against them (Vantage Commodities Financial Services I, LLC v. Assured Risk Transfer PCC, LCC, et al., No. 17-01451, D. D.C.).

  • March 5, 2019

    Washington High Court To Decide If Adjuster Can Be Held Liable For Bad Faith

    SEATTLE — Parties in an insurance bad faith lawsuit recently asked the Washington Supreme Court to determine whether an insurance company’s claims adjuster owes any duty of good faith to an insured (Moun Keodalah, et al. v. Allstate Insurance Co., et al., No. 95867-0, Wash. Sup.).

  • March 5, 2019

    Insurer: Amazon Liable For Fire Damages From Faulty Headlamp

    RICHMOND, Va. — An insurance company is asking the Fourth Circuit U.S. Court of Appeals to rule that Amazon Inc. is liable for damages it paid to an insured after a product sold on Amazon.com by a third party caught fire and burned the purchaser’s house (Erie Insurance v. Amazon.com Inc., et al., No. 18-1198, 4th Cir.).

  • February 28, 2019

    Insureds Ask Court To Reconsider Ruling In Dispute Over $63,663 Flood Claim

    NEW ORLEANS — Insureds on Feb. 12 asked a Louisiana federal judge reconsider her finding that their two proofs of loss for flood damage failed to comply with the requirements of their standard flood insurance policy (SFIP) (William T. Clark, III, et al. v. Wright National Flood Insurance Company, No 18-4852, E.D. La.).

  • February 27, 2019

    Parties Dispute Arbitrability Of Class Action Claims In Texas High Court

    AUSTIN, Texas — Property owners who asserted claims over defects in their new home and an insurer recently submitted arguments with the Texas Supreme Court, disputing whether a trial court’s decision that a home warranty did not provide for arbitration of class action claims should be upheld (Nathan Robinson, et al. v. Home Owners Management Enterprises, Inc., No. 18-0504, Texas Sup.).

  • February 27, 2019

    Insureds Seek Reinstatement Of $1.3M Jury Award For CPA Claim Against Insurer

    SEATTLE — Insureds recently asked a Washington appeals court to reverse a lower court’s remittitur of the $1,345,317.24 that a jury awarded for an insurer’s violation of the Washington Consumer Protection Act (CPA) and remand for entry of a judgment on the full jury verdict with interest tolling from the date of the initial judgment (Jeff McNabb & Elaine McNabb v. Metropolitan Property and Casualty Insurance Company, No. 77832-3, Wash. App., Div. 1).

  • February 26, 2019

    Insurer Appeals Denial Of Motion To Intervene, $5.9M Judgment To Missouri Panel

    KANSAS CITY, Mo. — An insurer asked a Missouri appeals court to reverse a lower court’s ruling that denied its motion to intervene and entered a final judgment confirming a $5,998,027 arbitration award in favor of a claimant who was involved with a motor vehicle accident with its insured (Jennifer Britt v. Jeremy Otto & American Family Mutual Insurance Company, S.I., WD81830, Mo., App., Western Div.).

  • February 26, 2019

    Insured Says Coverage Owed For Gasoline Released From Alabama Pipeline

    ATLANTA — An insured claims in a Feb. 13 complaint filed in Georgia federal court that its insurer breached its contract in denying coverage under a pollution liability policy for clean-up costs and damages incurred as a result of the release of gasoline from one of the insured’s pipelines (Colonial Pipeline Co. v. AIG Specialty Insurance Co., No. 19-762, N.D. Ga.).

  • February 25, 2019

    Railroad Company Seeks Judgment On Alter-Ego Claim In Reinsurance Case

    SPRINGFIELD, Ill. — In a reinsurance coverage dispute over payment for mine subsidence damages, a railroad company argues in a Feb. 20 brief that an Illinois federal court should grant it summary judgment on alter-ego and de facto merger claims (Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad Co., No. 17-3199, C.D. Ill.).

  • February 25, 2019

    Promissory Note Maker Objects To Recommendation Denying Class Certification

    LINCOLN, Neb. — In a dispute over a promissory note executed pursuant to a reinsurance participation agreement (RPA), the promissory note maker on Feb. 20 filed an objection to a Nebraska magistrate judge’s recommendation to deny class certification and asks that its proposed New Jersey class be certified (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb.).

  • February 21, 2019

    Investment Companies Seek Dismissal Of RICO Claim In Alleged Reinsurance Scheme

    KANSAS CITY, Kan. — In a dispute over an alleged reinsurance scheme, investment companies assert in Feb. 19 reply briefs to a Kansas federal court that an investor’s claims for violations of the Racketeer Influenced and Corrupt Organizations Act and unjust enrichment should be dismissed (Albert Ogles v. Security Benefit Life Insurance Co., et al., No. 18-02265, D. Kan.).

  • February 20, 2019

    Federally Reinsured Crop Insurer: Noncompete Provision Is Enforceable

    OMAHA, Neb. — A federally reinsured crop insurer says in a Feb. 18 reply brief that a Nebraska federal judge was correct to find that a former employee’s noncompete provision in an assignment, nonsolicitation and nondisclosure agreement was enforceable under Nebraska law (Farm Credit Services of America FLCA v. Kathy Mens, No. 19-14, D. Neb.).

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