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Mealey's Insurance Pleadings

  • September 12, 2018

    Truck Ownership, Driver’s Residence At Issue In Missouri Insurance Appeal

    ST LOUIS — A Missouri appeals court is set to decide whether a trial court erred in finding that a grandmother owned the car she bought for her grandson and whether his stays with her constituted a residence after hearing oral arguments on Sept. 4 (Columbia Mutual Ins. Co. v. Crystal Lee, No. SD 35153, Mo. App.).

  • September 12, 2018

    Reimbursement Limitation Should Be Applied Before PIP Deductible, Insurer Argues

    TALLAHASEE, Fla.— An insurer recently asked the Florida Supreme Court to find, in answer to a certified question by the Fifth District Court of Appeal, that an automobile insurance policy’s personal injury protection benefits’ reimbursement limitation must be applied before the PIP deductible in its dispute with a medical provider (Progressive Select Insurance Co. v. Florida Hospital Medical Center Inc., No. SC18-278, Fla. Sup.).

  • September 10, 2018

    Insured Asks 10th Circuit To Reverse Ruling As To Bad Faith, Punitive Damages

    DENVER — An insured recently asked the 10th Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that he failed to show that material issues of fact exist as to whether his insurer acted in bad faith in denying his claim for coverage under the terms of a commercial property insurance policy (Billy Hamilton v. Northfield Ins. Co., No. 17-7049, 10th Cir.).

  • September 10, 2018

    Parties Debate Definition Of ‘Occurrence’ At Wisconsin Supreme Court

    MADISON, Wis. — The Wisconsin Supreme Court heard oral arguments on Sept. 5 in a case in which insurance companies are debating whether the damage caused by a fire that spread over 8,000 acres constitutes one occurrence or multiple occurrences (Secura Insurance v. Lyme St. Croix Forest Company, et al., No. 2016AP299, Wis. Sup.).

  • September 6, 2018

    No Need For En Banc Review, Government Says In ACA Risk-Corridor Cases

    WASHINGTON, D.C. — Congress’ subsequent actions clearly and unequivocally limited payments in the Patient Protection and Affordable Care Act (ACA) risk corridor to income received through the program, regardless of the language it used in enacting the program, the government said Aug. 31 in urging the Federal Circuit U.S. Court of Appeals to deny a series of insurer’s request for en banc rehearing (Land of Lincoln Mutual Health Insurance Co. v. United States, No. 17-1224, Moda Health Plan Inc. v. United States, No. 17-1994, Blue Cross and Blue Shield of North Carolina v. United States, No. 17-2154, Maine Community Health Options v. United States, No. 17-2395, Fed. Cir.).

  • September 6, 2018

    Insurer, Reinsurer Submit Briefs In Case Over Expenses For Asbestos Settlement

    SYRACUSE, N.Y. — An insurer and its reinsurer filed briefs on Aug. 28 regarding a variety of coverage issues in their New York federal court dispute over whether the reinsurer is obligated to pay $3.2 million in reinsurance proceeds for the insurer’s defense expenses from an asbestos claims settlement (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., Nos. 12-00196 & 13-00743, N.D. N.Y.).

  • September 4, 2018

    Manufacturer Asks U.S. High Court Not To Address Choice-Of-Law Clause

    WASHINGTON, D.C. — In a breach of contract dispute over a reinsurance participation agreement (RPA), a blue jean manufacturing company and its subsidiary in an Aug. 22 brief oppose a petition asking the U.S. Supreme Court to decide whether a choice-of-law clause imports “state substantive law without importing state rules impairing arbitration” or whether the clause incorporates “both state substantive law and state arbitration principles” (Applied Underwriters Inc., et al. v. Citizens of Humanity, et al., No. 18-175, U.S. Sup.).

  • September 4, 2018

    Insured Seeks Reversal Of Choice-Of-Law Ruling In Contamination Coverage Suit

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals should reverse a district court’s ruling that California law, rather than Alabama law, applies to an environmental contamination coverage suit because Alabama clearly has the greater interest in applying its law to the coverage dispute, an insured argues in its Aug. 20 appellant brief (Arrow Electronics Inc. v. Aetna Casualty & Surety Co., et al., No. 18-55810, 9th Cir.).

  • August 31, 2018

    Insurer Seeks Umpire Appointment In Arbitration Dispute With Reinsurer

    NEW YORK — An insurer on July 12 asked a New York court to appoint an umpire in its arbitration dispute with its reinsurer over asbestos-related losses because they and their appointed arbitrators have not been able to do so (National Union Fire Insurance Company of Pittsburgh, Pa. v. Employers Insurance Company of Wausau, No. 653512/2018, N.Y. Sup., New York Co.).

  • August 28, 2018

    Blue Jean Manufacturer To U.S. High Court: Review Must Be Denied In RPA Suit

    WASHINGTON, D.C. — A blue jean manufacturing company and its subsidiary in an Aug. 21 opposition tell the U.S. Supreme Court that review should be denied of a Nebraska Supreme Court’s ruling on the application of a choice-of-law clause in a case over a reinsurance participation agreement (RPA) because it “is an exceedingly poor vehicle for certiorari” (Applied Underwriters Captive Risk Assurance Company Inc. v. Citizens of Humanity, et al., No. 18-174, U.S. Sup.).

  • August 28, 2018

    U.S. High Court Asked Choice-Of-Law Clause Question In RPA Dispute

    WASHINGTON, D.C. — In a breach of contract dispute over a reinsurance participation agreement (RPA), parties in an Aug. 6 petition ask the U.S. Supreme Court whether a choice-of-law clause imports “state substantive law without importing state rules impairing arbitration” or whether the clause incorporates “both state substantive law and state arbitration principles” (Applied Underwriters Inc., et al. v. Citizens of Humanity, et al., No. 18-175, U.S. Sup.).

  • August 27, 2018

    Georgia Insurers Insolvency Pool Asks Court To Address Coverage Exhaustion Issue

    ATLANTA —  In what it calls a case of first impression, the Georgia Insurers Insolvency Pool (GIIP) argues to the Georgia Court of Appeals in a July 30 brief that a Georgia statute requires that a person who presents a claim to it first exhaust all coverages provided by solvent insurance companies for the claim (Rigoberto Riano v. Georgia Insurers Insolvency Pool, No. A18A1981, Ga. App.).

  • August 24, 2018

    Insureds File Class Action Seeking $2.6B From Insurers For Hurricane Maria Damage

    SAN JUAN, Puerto Rico — In a class action lawsuit filed in a Puerto Rico court on Aug. 22, a group of insureds sued 14 insurers for $2,658,780,973, alleging that they incurred damages related to the uncertainty of waiting while the insurers failed to complete the research process, adjustment, resolution and payment of their Hurricane Maria claims within the term provided by law (EMJ Properties, et al. v. MAPFRE Pan American Insurance Co., et al., No. SJ2018CV06504, Puerto Rico Super., San Juan).

  • August 21, 2018

    Appellant Asks Missouri Appeals Court To Reverse Ruling In Title Insurance Dispute

    JEFFERSON CITY, Mo. — An appellant recently asked a Missouri appeals court to reverse a lower court’s finding in favor of a real estate title insurer in a breach of contract, unjust enrichment and vexatious refusal to pay lawsuit arising from an underlying boundary dispute, contending that the policy’s notice requirement is a “vague, undefined and unenforceable provision” that “should, by law, be read” in his favor (Robert Lurie v. Commonwealth Land Title Company, LLC, No. ED 106156, Mo. App., Eastern Dist.).

  • August 21, 2018

    Abstract Company, Principal Say Court Abused Discretion On Easement Ruling

    HARRISBURG, Pa. — An abstract company and its principal recently filed a brief in the Pennsylvania Superior Court contending that a trial court abused its discretion when it granted an insurance company’s motions to join them as additional defendants in a lawsuit pertaining to a property easement that was not disclosed during a real estate transaction (John Kessock Jr. v. Conestoga Title Insurance Co. v. Delancey Abstract Corp., et al., No. 3737 EDA 2017, Pa. Super.).

  • August 20, 2018

    Florida Panel To Hear Oral Arguments In Dispute Over Award Of Sanctions

    LAKELAND, Fla. — The Second District Florida Court of Appeal is scheduled to hear oral arguments on Aug. 21 to determine whether a trial court properly awarded sanctions against the plaintiffs who filed a lawsuit against a renters’ insurer on the basis that the plaintiffs’ suit against the insurer was baseless (William L. Ward, et al. v. Florida Farm Bureau Casualty Insurance Co., No. 2D17-2987, Fla. App., 2nd Dist.). 

  • August 20, 2018

    Washington Appeals Panel To Consider Whether Insurer Must Contribute To Settlement

    SEATTLE — The Division I Washington Court of Appeals will decide whether a trial court correctly determined that the insurer of a contractor did not have a duty to contribute to the settlement of an underlying personal injury suit filed against property owners who were named as additional insureds under the contractor’s policy (Mt. Hawley Insurance Co. v.  Zurich American Insurance Co., No. 77379-8-I, Wash. App., Div.1.).

  • August 17, 2018

    Insolvent Insurer To Georgia High Court: Sovereign Immunity Bars Claims

    ATLANTA — Indemnity claims are barred by the doctrine of sovereign immunity, an insolvent insurer tells the Georgia Supreme Court in a July 30 brief, also saying that any claim to reimburse a regulatory tech firm for any administrative expenses that were excessive was not barred and should be remanded for further proceedings (Georgia, et al. v. International Indemnity Co., et al., No. S18G0493; Regulatory Technologies Inc. v. Georgia, et al., No. S18G0499, Ga. Sup.).

  • August 16, 2018

    Parties Seek To Dismiss Claims Over Asset Depletion With Poor Reinsuring Risks

    KANSAS CITY, Kan. — Life insurers, a bank and a financial services firm on Aug. 8 moved for dismissal of claims filed in a total value annuity investor’s Kansas federal court lawsuit alleging that the defendants depleted the life insurers’ surplus assets by reinsuring their risks with one another rather than using “arm’s-length reinsurance treaties” (Albert Ogles v. Security Benefit Life Insurance Co., et al., No. 18-02265, D. Kan.).

  • August 16, 2018

    Florida Appeals Court To Hear Arguments In Water Damage Coverage Dispute

    TAMPA, Fla. — The Second District Florida Court of Appeal will hear oral arguments on Sept. 24 in a dispute over whether coverage exists for water damages incurred by insureds as a result of an underground water line that was never capped after a well was abandoned (Ross Simon, et al., v. Security First Insurance Co., No. 2D17-4166, Fla. App., 2nd Dist.).