NEW YORK — An insurer recently asked the Second Circuit U.S. Court of Appeals to reverse a lower federal court's $945,265.11 breach of contract judgment against it and an earlier discovery ruling in a dispute over coverage stemming from underlying sexual misconduct cases brought against its diocese insured (The Hartford Roman Catholic Diocesan Corp. v. Interstate Fire & Casualty Company, Nos. 16-2999 and 17-2484, 2nd Cir.).
ATLANTA — An insurer recently appealed to the 11th Circuit U.S. Court of Appeals the denial of appellate fees in a dispute with its insured (Highland Holdings, Inc., v. Mid-Continent Casualty Company, No. 17-14455-AA, 11th Cir.).
GULFPORT, Miss. — The relators in a 12-year-old qui tam suit accusing State Farm Fire and Casualty Co. of filing false flood insurance after Hurricane Katrina ask a California federal court in a March 12 reply brief to compel the insurer to produce documents it improperly withheld as privileged (United States, ex rel. Cori Rigsby, et al. v. State Farm Fire & Casualty Co., No. 1:06-cv-00433, S.D. Miss.).
BOISE, Idaho — The Idaho Insurance Guaranty Association (IIGA) on March 9 moved in an Idaho federal court to dismiss for lack of jurisdiction a lawsuit brought by a trust bank against its insolvent insurer (Idaho Trust Bank v. BancInsure Inc., et al., No. 12-00032, D. Idaho).
FRANKFORT, Ky. — After an earlier order denying arbitration was vacated on appeal, an administrative services provider on Feb. 26 filed a renewed motion to compel arbitration of a dispute with an insolvent insurer’s liquidator (Nancy G. Atkins v. CGI Technologies and Solutions Inc., No. 16-00037, E.D. Ky.).
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on March 8 held in abeyance an appeal questioning whether a bar provided its insurer proper notice of a claim that eventually resulted in a $5 million default judgment so that the U.S. Supreme Court can resolve a case involving the proper standard for appellate jurisdiction (Founders Insurance Co. v. Richard Ruth’s Bar & Grill LLC, et al., George Giannras, et al. v. Founders Insurance Co., et al., No. 17-1282(L), 17-1284, 17-1344, 17-1348, 4th Cir.).
WILMINGTON, Del. — Two insurers involved in an asbestos coverage dispute maintain in their Feb. 22 reply brief to the Delaware Supreme Court that Michigan law, rather than Delaware law, should be applied to their policies and that the high court should find that each asbestos claim at issue constitutes a separate occurrence under their policies (Motors Liquidation Co. DIP Lenders Trust v. Allstate Insurance Co., et al., No. 381, 2017, Del. Sup.).
LINCOLN, Neb. — Contrary to a reinsurer’s argument that a promissory note executed pursuant to a reinsurance participation agreement (RPA) is void and unenforceable, a New Jersey company says in a March 2 brief in Nebraska federal court that the RPA is not an insurance policy that was required to be filed with state insurance officials (Applied Underwriters Inc. v. Top’s Personnel Inc., No. 15-90, D. Neb.).
NEW YORK — Appealing a decision requiring a reinsurer to pay up to an additional $18 million in reinsurance proceeds to an insurer pursuant to an arbitration award, the reinsurer argues in a Feb. 28 reply brief to the Second Circuit U.S. Court of Appeals that a trial judge “has made arbitration a less attractive option because there is no guarantee of finality” (General Re Life Corp. v. Lincoln National Life Insurance Co., No. 17-2496, 2nd Cir.).
BATON ROUGE, La. — An insured on Feb. 22 sued its federal flood insurer in the U.S. District Court for the Middle District of Louisiana, alleging that the insurer “unjustifiably failed and/or refused” to perform its duties pursuant to the Standard Flood Insurance Policy (SFIP) (Jarreau Construction LLC v. Selective Insurance Company of the Southeast, No. 18-00169, M.D. La.).
BATON ROUGE, La. — Insureds on March 2 sued their federal flood insurer in the U.S. District Court for the Middle District of Louisiana, alleging that it breached the contract by failing to pay their supplemental claim for flood damage (Randell Whittington, et al. v. Wright National Flood Insurance Company, No. 18-00213, M.D. La.).
BEAUFORT, S.C. — South Carolina insureds filed suit on Feb. 23 in the U.S. District Court for the District of South Carolina against their flood insurer and their wind and hail insurer, alleging breach of contract and bad faith (John Daniel, et al. v. South Carolina Farm Bureau Mutual Insurance Company, et al., D. S.C., No. 18-533).
DOVER, Del. — A company is asking the Delaware Supreme Court to reverse a state court ruling and hold that an insurance services company is liable for negligence related to the way it procured and serviced an insurance policy in light of its refusal to honor the company’s claim following a plane crash that resulted in numerous deaths (The Lima Delta Company, et al. v. Wells Fargo Insurance Services USA Inc., No. 401, 2017 Del. Sup.).
DENVER — A firemen’s relief association on Aug. 21 told the 10th Circuit U.S. Court of Appeals that it should get attorney fees under Kansas’ bad faith law and that the death benefit insurer that fought against paying the claim for a dead fireman should not get $24,000 in costs (Wichita Firemen’s Relief Association v. Kansas City Life Insurance Co., Nos. 17-3047 and 17-3128, 10th Cir.).
LANCASTER, Pa. — An asset management company and an insurer recently submitted their arguments in a Pennsylvania court over whether the company has an interest pursuant to an insurance policy that was issued on a property it was attempting to foreclose on at the time it was destroyed by a fire, disputing whether summary judgment should be granted in favor of the insurer on claims for declaratory relief and breach of contract (21 Asset Management Holdings LLC v. Foremost Insurance Co Grand Rapids, Michigan, No. 16-06097, Pa. Comm. Pls., Lancaster Co.).
BATON ROUGE, La. — Louisiana insureds on March 1 filed breach of contract lawsuit in the U.S. District Court for the Middle District of Louisiana, alleging that their federal flood insurer wrongfully denied coverage and failed to pay $173,000 owed to them for flood damage (Rebecca and Louis Deshotel v. Wright National Flood Insurance Co., No. 18-202, M.D. La.).
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals is set to decide whether law enforcement liability policies issued to a local Mississippi government in the mid-1980s cover claims by three individuals wrongfully arrested and imprisoned in 1980 and later exonerated in 2010 (The Travelers Indemnity Co., et al. v. Ethel Mitchell, et al., No. 17-60291, 5th Cir.).
NEW YORK — A man recently told the Second Circuit U.S. Court of Appeals that a federal judge in New York erred when granting Metropolitan Life Insurance Co.’s motion to enjoin arbitration of his claim against the insurer, arguing that an arbitration agreement was in effect at the time his claim arose (Metropolitan Life Insurance Company v. John Bucsek, No. 17-0881-CV, 2nd Cir.).
AUSTIN, Texas — An insured recently asked the Texas Supreme Court to reverse an appeals court’s ruling affirming a take-nothing judgment against its commercial insurer in a Hurricane Ike coverage dispute (Triyar Companies, LLC, et al. v. Fireman's Fund Insurance Co.,17-0225, Texas Sup.).
CINCINNATI — The sixth assignee of the ownership rights in a life insurance policy has asked the Sixth Circuit U.S. Court of Appeals to reverse a lower federal court’s finding that the policy constitutes a stranger-originated life insurance (STOLI) scheme, violates public policy and is void ab initio (Conestoga Trust Services v. Sun Life Assurance, 17-5877, 17-5895, 6th Cir.).