Mealey's Insurance Pleadings

  • October 13, 2021

    Negligence, UCL Claims Filed Against Marketer In Alleged Reinsurance Scheme

    SAN DIEGO — Individuals who allege that they were sold counterfeited and nonexistent PregnancyCare insurance policies under “supposed captive reinsurance programs” filed a putative class complaint in California federal court on Oct. 11, claiming violation of California’s unfair competition law (UCL), negligent misrepresentation and unjust enrichment.

  • October 13, 2021

    Firm Moves To Dismiss Insurers’ Suit Disputing Coverage For Surfside Collapse

    BALTIMORE — An engineering firm insured on Oct. 5 moved for a Maryland federal court to dismiss two commercial general liability insurers’ lawsuit disputing coverage for underlying lawsuits brought by victims of the June 24 partial collapse of a Surfside, Fla., condominium high-rise, arguing that the insurers failed to join necessary and indispensable parties.

  • October 08, 2021

    Breach Of Contract Suit Filed Against Reinsurers Over Asbestos, Other Claim Bills

    LOS ANGELES — An insurer sued reinsurers over billings for claims related to asbestos and other issues in California state court on Sept. 30, alleging breach of contract and seeking declaratory relief; the insurer also moved for an order to seal information related to prior settlement agreements.

  • October 07, 2021

    Solar Power Company Sues Insurer For Coverage Following Gas Explosion

    SAN FRANCISCO — A solar power company asserts in a complaint filed Sept. 27 in federal court in California that an insurer had a duty to defend it, as an additional insured, against lawsuits following a gas explosion because the insurer agreed to defend the company against some of the lawsuits and the lawsuits all arose from the same incident.

  • October 06, 2021

    Insurer Says It Has No Duty To Defend Subcontractor In Water Damage Suit

    FLORENCE, S.C. — An insurance company says in a lawsuit filed Sept. 28 in federal court in South Carolina that it has no duty to defend or indemnify a subcontractor in a construction defects suit filed by a homeowners association against the subcontractor because the insurance policies issued to the subcontractor were not in effect during or after the completion of the project.

  • October 06, 2021

    Insurer Opposes Property Owner’s Motion To Dismiss Case Relating To Wall Collapse

    SOUTH BEND, Ind. — A property owner’s challenges to an insurer’s declaratory judgment complaint against its contractor “are not procedurally supported and do not demonstrate a lack of jurisdiction, but rather present an attempt to have this Court voluntarily dismiss or defer” the action in favor of the property owner’s underlying state court action, an insurer tells a federal court in Indiana in a Sept. 22 opposition brief.

  • October 06, 2021

    Amending Complaint After Discovery Fought In Reinsurance Breach Of Contract Suit

    DETROIT — Allowing a second amended complaint after discovery in a dispute over billings for asbestos claims would be untimely and prejudicial and “would fundamentally change the nature and scope of this case,” a reinsurer argues in a Sept. 28 brief filed in a federal court in Michigan; in its Oct. 5 reply, the insurer contends that the request is proper because it has “consistently asserted ad damnum demands for fees” and seeks to conform its pleading to orally discovered facts.

  • September 29, 2021

    United States Asserts False Claims Act, FIRREA Violations In Crop Reinsurance Suit

    YAKIMA, Wash. — A farmer and his company fraudulently obtained hundreds of thousands of dollars in crop insurance indemnity payments reinsured by the Federal Crop Insurance Corp. (FCIC) by falsely claiming losses to wheat crops, the government alleges in a complaint filed Sept. 28 in a federal court in Washington under the Financial Institutions Reform and Recovery Enforcement Act (FIRREA) and the False Claims Act.

  • September 28, 2021

    Insurer Opposes Duke’s ‘Unmeritorious’ Motion To Compel In Antitrust Coverage Suit

    ELIZABETH, N.C. — Calling Duke University’s motion to compel “completely unmeritorious,’ an excess insurer argues in a Sept. 23 opposition brief that Duke’s motion “is really an attempted distraction” from the university’s refusal to produce documents and information that are “actually relevant” to its lawsuit seeking coverage for underlying antitrust claims.

  • September 27, 2021

    Arbitration Motion Sparks Request For Oral Argument In Florida Reinsurance Dispute

    ORLANDO, Fla. — A self-insured intergovernmental risk management association on Sept. 10 asked a federal court in Florida for oral argument on its response to a reinsurer’s motion to compel arbitration and stay proceedings in a breach of contract dispute in which the association also alleges bad faith and violations of Florida law.

  • September 27, 2021

    Complaint, Answer Amended In Municipal Insurer’s Billings Dispute With Reinsurer

    MONTGOMERY, Ala. — Both parties in a breach of contract dispute over reinsurance billings recently filed pleadings in a federal court in Alabama, with the reinsurer adding two counterclaims for declaratory judgment in its second amended answer and counterclaim filed Sept. 15, and the insurer on Sept. 22 complying with a judge’s order to amend the complaint to clarify the parties’ citizenship.

  • September 16, 2021

    Insurer Asks To Amend Complaint After Discovery In Support Of Fees Claim

    DETROIT — An insurer on Sept. 14 moved for leave to file a second amended complaint in its breach of contract dispute against a reinsurer over billings for an insured’s asbestos claims, telling a federal judge in Michigan that evidence learned in oral discovery supports its claim for fees at trial.

  • September 15, 2021

    DOL Petitions For Enforcement Of Subpoena Against Reinsurer In ERISA Probe

    SAN JUAN, Puerto Rico — A reinsurer should be forced to comply fully with an administrative subpoena that seeks information on all of its services to employee welfare benefit plans under the Employee Retirement Income Security Act, the U.S. Department of Labor says in an Aug. 31 petition before a federal court in Puerto Rico.

  • September 15, 2021

    Vantage Appeals Credit Insurance Policy Case Over $26M Award To D.C. Circuit

    WASHINGTON, D.C. — Challenging several of a lower court’s rulings in a dispute over a $26 million award before the District of Columbia Circuit U.S. Court of Appeals, a financial services company argues in its Sept. 3 appellant brief that some of its claims against reinsurers and reinsurance brokers should not have been dismissed and that summary judgment should not have been granted against it.

  • September 15, 2021

    Bank To 4th Circuit: ‘Directed Trustee’ Ruling On Reinsurance Dispute Was Correct

    RICHMOND, Va. — A federal court in South Carolina correctly rejected an insurer’s claims against a bank in a dispute over a reinsurance trust for an insolvent insurer, the bank argues in its Aug. 31 appellee brief before the Fourth Circuit U.S. Court of Appeals.

  • September 15, 2021

    Parties Stipulate To Extended Discovery Deadline In Asbestos Indemnification Row

    TRENTON, N.J. — Following a New Jersey federal magistrate judge’s request for an update on the case, parties in a dispute over indemnification for asbestos bodily injury claims on Sept. 14 filed a stipulation and order to extend the deadline for insurers to respond to reinsurers’ second set of requests for production of documents to Oct. 4.

  • September 14, 2021

    Affirmative Defenses Invoked Against Reinsurer’s Bid For Declaratory Judgment

    NEW YORK — Days after removing a reinsurer’s suit seeking a declaratory judgment over defense and indemnity costs in an underlying personal injury lawsuit to a federal court in New York, an insurer on Sept. 10 filed an answer asserting 26 affirmative defenses, including that the issues are not yet ripe and that the insure has at all relevant times “articulated valid bases for its coverage position.”

  • September 13, 2021

    Fiduciary Opposes Bifurcation Of Discovery In Suit Over Insolvent Health Plan

    CHICAGO — An independent fiduciary on Aug. 10 filed an opposition to insurance brokers’ motion for a federal court in Illinois to bifurcate discovery in a lawsuit alleging that they breached their duty of care because they knew or should have known that a multiple employer welfare arrangement (MEWA) was not in compliance with its structural requirements and was not financially sound.

  • September 10, 2021

    Parties Argue Abstention In Asbestos, Reinsurance Appeal Before 6th Circuit

    CINCINNATI — In recent supplemental briefs filed at the request of a Sixth Circuit U.S. Court of Appeals panel following oral arguments, parties in an asbestos coverage dispute argue whether the court should abstain from deciding the case during the pendency of the liquidation proceedings against the appellant, OneBeacon Insurance Co.

  • September 10, 2021

    Panel Affirms Ruling In Favor Of Insurance Agent In Professional Negligence Suit

    PASADENA, Calif. — The Ninth Circuit U.S. Court of Appeals on Sept. 7 affirmed a lower federal court’s summary judgment ruling in favor of an insurance agent in an insured’s lawsuit alleging professional negligence, finding that the professional negligence and negligent misrepresentation claims fail because the insured has failed to establish an essential element duty.