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Mealey's Insurance Pleadings

  • December 7, 2018

    Federal Flood Insurer Answers 2 Complaints In Louisiana Flood Coverage Suit

    BATON ROUGE, La. — Wright National Flood Insurance Co. recently answered two complaints filed in a Louisiana federal court seeking coverage for August 2016 flood damage, arguing that the insureds’ claims are barred to the extent they failed to submit a timely and proper proof of loss pursuant to their Standard Flood Insurance Policies (Rebecca and Louis Deshotel v. Wright National Flood Insurance Co., No. 18-202, and Stephanie LaValley v. Wright National Flood Insurance Co., No. 18-00268, M.D. La.).

  • December 6, 2018

    Insurer Seeks Summary Judgment In Coverage Dispute Over Wrongful Death Suit

    MIAMI — An insurer on Dec. 4 moved for summary judgment disputing coverage for an underlying wrongful death lawsuit against its insured, arguing that courts in Florida have “routinely upheld” liquor liability policy exclusions (AIX Specialty Insurance Company v. Members Only Management, LLC, et al., No. 18-60471, S.D. Fla.).

  • December 5, 2018

    Insurer Reinforces Motion To Dismiss Breach Of Contract Dispute Over Flood Damage

    NEWARK, N.J. — In an Oct. 29 reply brief filed in a New Jersey federal court, a federal flood insurer reinforced its motion to dismiss an insured's breach of contract lawsuit arising from alleged flood damage to a commercial warehouse (Hakim International Trading, et al. v. The Standard Fire Insurance Co., et al., No. 17-02874, D. N.J.).

  • December 5, 2018

    4th Circuit To Hear Update On Declaratory Relief Appeal After Top Court Ruling

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals is free to consider an appeal in a declaratory judgment action even while a consolidated bad faith portion of the case remains pending, the parties tell the court in supplemental briefing on the impact of recent Supreme Court precedent.  Oral arguments in the cases are scheduled for Dec. 11 (Founders Insurance Co. v. Richard Ruth’s Bar & Grill LLC, et al., George Giannaras, et al. v. Founders Insurance Co., et al., No. 17-1282(L), 17-1284, 17-1344, 17-1348, 4th Cir.).

  • December 5, 2018

    Insured Asks Texas High Court To Review Take-Nothing Judgment In Hurricane Ike Suit

    AUSTIN, Texas — An insured recently asked the Texas Supreme Court to review an appeals court’s reversal of a ruling in its favor in a dispute over homeowners insurance coverage for the insured’s Hurricane Ike damage (Ozier Hurst v. National Security Fire & Casualty Co., et al., No.  17-0719, Texas Sup.).

  • December 5, 2018

    Insurer Says It Has No Duty To Defend In Trademark Infringement Lawsuit

    MADISON, Wis. — The Wisconsin Supreme Court is scheduled to hear oral arguments on Dec. 11 in an insurance dispute where an insurer sought a declaration that it did not owe a duty to defend a medical supply company in an underlying lawsuit for trademark infringement based on an exclusion in the commercial general liability policy at issue (West Bend Mutual Insurance Company v. Ixthus Medical Supply Inc., et al., No. 2017AP909, Wis. Sup.).

  • December 4, 2018

    Federal Flood Insurer Responds To Suit Over Hurricane Irma Structural Damage

    JACKSONVILLE, Fla. — A federal flood insurer on Nov. 13 answered a Florida insured’s federal complaint alleging that it failed to adequately compensate him for his structural building damage caused by Hurricane Irma (Keith Chatman v. Wright National Flood Insurance Company, No. 18-01204, M.D. Fla.).

  • December 4, 2018

    Insurer Says Pollution Exclusion Clearly Applies To Fire Suppression Foam

    MIAMI — A trial court correctly determined that a policy’s total pollution exclusion bars coverage for underlying claims alleged against a fire protection systems contractor because the fire suppression foam that was released in an air hangar is clearly a pollutant under the terms of the policy at issue, the insurer argues in a recent appellee brief filed in the Third District Florida Court of Appeal (Advanced Systems Inc. v. Gotham Insurance Co., No. 3D18-1744, Fla. App., 3rd Dist.).

  • December 4, 2018

    Yahoo, Insurer Brief 9th Circuit On Privacy Issues In TCPA Coverage Appeal

    SAN FRANCISCO — In letter briefs filed Nov. 6 at the direction of the Ninth Circuit U.S. Court of Appeals, Yahoo! Inc. and its commercial general liability (CGL) insurer debate the impact of an August 2017 Ninth Circuit ruling on the present appeal pertaining to insurance coverage for claims brought under the Telephone Consumer Protection Act (TCPA) (Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, No. 17-16452, 9th Cir.).

  • December 3, 2018

    Disability Claimant Argues Plan Was Not Prejudiced By Delay In Filing Appeal

    BOSTON — The First Circuit U.S. Court of Appeals should reverse a district court’s ruling in favor of a disability plan because the plan was not prejudiced by a 47-day delay in the filing of the disability claimant’s appeal, the claimant argues in a Nov. 28 appellant brief (Theresa Fortier v. Hartford Life and Accident Insurance Co., No. 18-1752, 1st Cir.).

  • November 30, 2018

    Health Aides Seek Class Action Against Employers, Reinsurer Over Benefit Plan

    BROOKLYN, N.Y. — Home health aides filed a class action complaint in a New York federal court on Nov. 27 against their employers and a reinsurer of their employee benefit plan, alleging that they were “cheated out” of lost wages and benefits (Ynes M. Gonzalez de Fuente, et al. v. Preferred Home Care of New York LLC, et al., No. 18-6749, E.D. N.Y.).

  • November 29, 2018

    Insurance Company’s Owner: Reinsurer Fails To Show Fraudulent Transfer

    SAN DIEGO — In a dispute over a $3.2 million judgment, a principal to an insurance services company argues to a California federal court in a Nov. 21 brief that a reinsurer offers no evidence on its claim of a fraudulent transfer, so seizure of her home or proceeds from the sale of it should be denied (Odyssey Reinsurance Co. v. Richard Keith Nagby, et al., No. 16-3038, S.D. Calif.).

  • November 29, 2018

    Reinsurer Says Insurer’s Notice Of Fatality Claim Was 6 Years Too Late

    NEW YORK — In a Nov. 14 reply brief to its summary judgment motion and opposition brief to a partial summary judgment motion, a reinsurer tells a New York federal court that an insurer was required to report a claim in 2010 but instead provided notice six years too late (Endurance Assurance Corp. v. Florists’ Mutual Insurance Co., et al., No. 16-09955, S.D. N.Y.).

  • November 29, 2018

    Reinsurer Seeks Dismissal Of Run-Off Insurer’s Tort, Quasi-Contract Claims

    NEW YORK — A reinsurer and its entities argue in a Nov. 5 brief that a New York federal court should dismiss a run-off insurer’s tort and quasi-contract claims because the case over the alleged mismanagement and misuse of $320 million is one for breach of contract (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).

  • November 28, 2018

    Insurer Answers Amended Complaint In Coverage Dispute Over TCPA Violations

    WEST PALM BEACH, Fla. — An insurer on Nov. 6 answered an insured’s assignee’s breach of contract and declaratory judgment complaint seeking coverage for an underlying $60,413,112 consent judgment entered against the insured in a Telephone Consumer Protection Act (TCPA) violation dispute, asserting six affirmative defenses (Jacob Horn, et al. v. Liberty Insurance Underwriters, Inc., No. 18-80762, S.D. Fla.).

  • November 26, 2018

    Insured Objects To Amicus Curiae Brief, Says Amicus Party Is Not Unbiased

    HARTFORD, Conn. — In a Nov. 21 brief to the Connecticut Supreme Court, an insured seeking coverage for underlying asbestos and silica claims objects to the Complex Insurance Claims Litigation Association’s application to file an amicus curiae brief, arguing that rejection of the application is warranted because there is significant overlap between the amicus and the insurers involved in the coverage dispute (R.T. Vanderbilt Co. Inc. v. Hartford Accident & Indemnity Co., et al., Nos. SC 20000, SC20001, SC20003, Conn. Sup.).

  • November 26, 2018

    Lloyd’s, Mortgage Entity Dispute Coverage For Settlement In Missouri Court

    ST. LOUIS — An insurer and a mortgage company recently submitted arguments to the Missouri Court of Appeals, disputing whether a trial court’s ruling that the mortgage company was not entitled to coverage related to an underlying lawsuit because it did not timely assert that its insurance claims should be affirmed (Dovenmuehle Mortgage, Inc. v. Underwriters At Lloyd's London, No. ED106566, Mo. App.).

  • November 20, 2018

    HHS Secretary: State Agency Responsible For Workers’ Comp Claims

    SAN FRANCISCO —Secretary of Health and Human Services Alex Azar II argues in a Nov. 16 brief to the Ninth Circuit U.S. Court of Appeals that the California Insurance Guarantee Association (CIGA), as a primary plan, is responsible for making payment to insureds of workers’ compensation plans that become insolvent (California Insurance Guarantee Association v. Alex Azar II, et al., Nos. 17-56526 & 17-56528, 9th Cir.).

  • November 20, 2018

    Insurers’ Receiver Requests Dismissal Of Claim In Breach Of Fiduciary Duty Case

    ST. LOUIS — The special deputy receiver for three insolvent insurers argues in a Nov. 19 reply to a Missouri federal court that responses to its motion to abstain or dismiss a cross-claim in a breach of fiduciary duty lawsuit ignore the effect of a liquidation order (Winner Road Properties LLC v. BMO Harris Bank, N.A. v. Jo Ann Howard & Associates, P.C., No. 16-1395, E.D. Mo.).

  • November 16, 2018

    Excess Insurer Disputes It Owes Coverage For $73.2M Medical Malpractice Verdict

    WILMINGTON, Del. — An excess health care excess liability insurer on Nov. 14 filed suit in the Delaware Superior Court seeking a declaration that it has no duty to indemnify its insureds for any part of a $73.21 million verdict recently rendered against its insured’s affiliate in an underlying medical malpractice lawsuit (Steadfast Insurance Company v. Community Health Systems, Inc., et al., No.  No.  N18C-11-127, Del. Super.).