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Mealey's Insurance Pleadings

  • November 8, 2018

    Responses Given On Issues In Case Over Mishandling Of Insolvent Insurers’ Funds

    ST. LOUIS — State insurance guaranty associations and banks filed opposition briefs on Nov. 5 in response to five summary judgment motions on key issues in a Missouri federal court dispute over the mishandling of funds belonging to insolvent funeral insurers (Jo Ann Howard & Associates P.C., et al. v. J. Douglas Cassity, et al., No. 09-01252, E.D. Mo.).

  • November 7, 2018

    Insurer Challenges Finding That $10M Judgment Was Reasonable In Montana High Court

    HELENA, Mont. — A professional liability insurer recently asked the Montana Supreme Court to reverse a lower court’s ruling that held that a $10 million stipulated judgment against its insured was reasonable, contending that the lower court “applied an improper legal framework” to decide the reasonableness of the stipulated judgment (Draggin' Y Cattle Company, Inc., et al. v. Larry Addink, et al., No. 17-0731, Mon. Sup.).

  • November 7, 2018

    Insurer Owes Coverage For Injuries Suffered In Bicycle Accident, Man Says

    SEATTLE — A Washington man on Oct. 4 filed a brief in state appellate court arguing that a trial court erroneously granted summary judgment to Travelers Commercial Insurance Co. with regard to his claim seeking coverage for injuries he sustained while riding his bicycle (Todd McLaughlin v. Travelers Commercial Insurance Company, No. 78534-6, Wash. App., Div. 1).

  • November 7, 2018

    Florida Court Confronts Jury Composition, Causation, In Insurance Case

    LAKELAND, Fla. — Whether a judge conducted the proper analysis in declining to strike a juror, granting directed verdict on causation in an automobile insurance case, and in not stopping extreme comments at closing arguments that changed how the jury viewed the case are before a Florida appeals court after briefing wrapped up recently (Jennie Buziak, et al. v. Amalia Diaz, Nos. 2D17-4689 & 2D18-0387, Fla. App., 2nd Dist.).

  • November 6, 2018

    Insured: Coverage Denial Under Condo Exclusion Was Done In Bad Faith

    HAMMOND, Ind. — An insured alleges in a Nov. 5 complaint filed in an Indiana federal court that an insurer breached its contract and acted in bad faith when denying coverage based upon a condominium exclusion for cracking damage caused by the insured’s work (Gary Material Supply LLC v. Western World Insurance Group, No. 18-00421, N.D. Ind.).

  • November 6, 2018

    Reinsurance Trustee For Insolvent Insurer Says Claims Are Time-Barred

    COLUMBIA, S.C. — In South Carolina federal court, a bank sued for its role as trustee of a reinsurance trust for an insolvent insurer on Nov. 2 sought summary judgment against an insurer regarding claims for breach of contract, breach of fiduciary duty, negligence, negligent misrepresentation and civil conspiracy because those claims are time-barred (Accident Insurance Company Inc. v. U.S. Bank National Association, et al., No. 16-2621, D. S.C.).

  • November 6, 2018

    No Coverage Owed For Collapse, Insurer Argues In Response Brief

    AUSTIN, Texas — No coverage is owed for a collapse that occurred during the construction of a hotel because the collapse is precluded by a policy’s earth movement exclusion, sewer exclusion and defects exclusion, an insurer argues in a Nov. 2 response to the insured’s motion for summary judgment (White Lodging Services Corp., et al. v. Liberty Mutual Fire Insurance Co., No. 17-277, W.D. Texas).

  • November 6, 2018

    Wisconsin High Court Hears Arguments In Pollution Liability Dispute

    MADISON, Wis. — The Wisconsin Supreme Court on Oct. 28 heard oral arguments in a coverage dispute over whether a pollution liability insurer owes coverage to an additional insured for underlying property damage claims arising out of a sewage backup (Steadfast Insurance Co. v. Greenwich Insurance Co., No. 2016AP1631, Wis. Sup.).

  • November 6, 2018

    Jury’s Findings Excuse Further Performance Under Policy, Insurer Says On Remand

    HOUSTON — On remand from the Texas Supreme Court, an insurer argues in a Sept. 13 brief that a jury’s findings that insureds materially breached their insurance policy obligations and prejudiced it excuse its further performance under the policy (State Farm Lloyds v. Candelario Fuentes, et al., No. 16-0369, Texas Sup.).

  • November 5, 2018

    SEC Alleges Schemes To Defraud Insurers, Reinsurance Trusts

    NEW YORK — In an Oct. 16 complaint filed in a New York federal court, the Securities and Exchange Commission alleges that two individuals “perpetrated multiple schemes to defraud their advisory clients, which were insurance companies and reinsurance trusts” (Securities and Exchange Commission v. Alexander C. Burns, et al., No. 18-09477, S.D. N.Y.).

  • November 1, 2018

    Liquidator Seeks Remand Of Reinsurer’s Dispute To Confirm Arbitration Award

    CHICAGO — An insolvent insurer’s liquidator on Oct. 29 moved to remand a reinsurer’s Illinois federal court dispute seeking confirmation of an arbitration award for $437,000 in attorney fees and also filed its reply to a previous motion to dismiss or stay based on a lack of subject matter jurisdiction (Catalina Holdings [Bermuda] Ltd. v. Jennifer Hammer, No. 18-05642, N.D. Ill.).

  • November 1, 2018

    Insurer Amicus Filer Backs Rehearing On Reinsurer’s Liability

    NEW YORK — An insurance company on Oct 19 filed an amicus curiae brief in support of a rehearing by the Second Circuit U.S. Court of Appeals of its ruling that a reinsurer’s liability follows an insurer’s expense‐supplemental obligations under umbrella policies because the insurer says the decision is “contrary to bedrock principles of reinsurance law and sound public policy favoring settlements” (Utica Mutual Insurance Co. v. Clearwater Insurance Co., Nos. 16-2535 & 16-2824, 2nd Cir.).

  • November 1, 2018

    Insurers Seek Equitable Reimbursement For Costs Of Construction Defects Claims

    LOS ANGELES — In an Oct. 18 complaint filed California federal court, insurers for subcontractors seek equitable reimbursement from contractors as additional insureds for defense costs incurred in 51 underlying construction defects cases (The Travelers Indemnity Company of Connecticut, et al. v. Pulte Group Inc., et al., No. 18-08994, C.D. Calif.).

  • October 31, 2018

    Insurers Seek Equitable Contribution Of $1.3M In Defense Of Defects Claims

    LOS ANGELES — Insurance companies in an Oct. 17 complaint in a California federal court request equitable contribution from two other insurers of $1.3 million incurred in the defense of seven underlying construction defects actions (Travelers Property Casualty Company of America, et al. v. Lexington Insurance Co., et al., No. 18-08964, C.D. Calif.).

  • October 31, 2018

    Surety Seeks Indemnity For $1.6M For University’s Defective Work Claims

    GREENEVILLE, Tenn. — A surety alleges in an Oct. 26 complaint filed in a Tennessee federal court that two Tennessee citizens failed to indemnify $1.6 million to the surety for a university’s claims against a masonry subcontractor’s defective work (The Cincinnati Insurance Co. v. JDC Masonry Inc., et al., No. 18-462, E.D. Tenn.).

  • October 31, 2018

    Run-Off Insurer Opposes Reinsurer’s Dismissal Of Claims In Mishandling Suit

    NEW YORK — In a New York federal case alleging mismanagement and misuse of $320 million in investments, a run-off insurer argues in an Oct. 29 opposition that reinsurers and related entities fail to address allegations of their active participation in a fraudulent conspiracy in their motion to partially dismiss claims (Senior Health Insurance Company of Pennsylvania v. Beechwood Re Ltd., et al., No. 18-06658, S.D. N.Y.).

  • October 30, 2018

    Reinsurer, Insurer Argue Over Bifurcated Discovery In Breach Of Contract Suit

    DETROIT — A reinsurer and insurer in separate Oct. 12 briefs argue for and against bifurcated discovery in a breach of contract Michigan federal court case over coverage for asbestos claims (Amerisure Mutual Insurance Co. v. Transatlantic Reinsurance Co., No. 18-11966, E.D. Mich.).

  • October 30, 2018

    Reinsurer Opposes Class Certification In Dispute Over Workers’ Comp Program

    SACRAMENTO, Calif. — A reinsurer and its affiliates in an Oct. 12 opposition brief ask that a California federal court deny classification in two putative class actions over a reinsurance participation agreement (RPA) of hundreds of California businesses that bought a workers’ compensation program (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., Nos. 16-00158 & 16-01211, E.D. Calif.).

  • October 24, 2018

    Insurance Dispute Over Attached Structures Goes Before North Dakota Supreme Court

    FARGO, N.D. — Whether a garage attached to a house by way of a deck constitutes an attached structure for insurance purposes is before the North Dakota Supreme Court after briefing wrapped up this summer (Scott A. Dahms, et al. v. Nodak Mutual Insurance Co., et al., No. 20180202, N.D. Sup.).

  • October 24, 2018

    Broker, Insurers Dispute Whether Coverage Was Excluded In 1st Circuit

    BOSTON — A group of insurers and two broker-dealers recently submitted arguments to the First Circuit U.S. Court of Appeals, disputing whether a district court’s decision that a specific litigation exclusion barred all of the broker’s coverage claims because they overlapped with previous cases filed against them should be upheld (UBS Financial Services Inc. of Puerto Rico et al. v. XL Specialty Insurance Co. et al., 18-1148,1st Cir.).