Mealey's Insurance Pleadings

  • September 19, 2019

    9th Circuit Set For Oral Arguments In Dispute Over Flood Coverage At Hotel

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals is scheduled to hear oral arguments on Oct. 22 in a flood insurance coverage case in which a hotel and its insurer dispute whether the flooded portion of the hotel constitutes a “basement,” which affects the amount that can be recovered (Surfsand Resort LLC v. Nationwide Mutual Fire Insurance Co., et al., No. 18-35607, 9th Cir.).

  • September 19, 2019

    Confirmation Of Arbitration Award In Favor Of Reinsurer, Car Dealership Appealed

    ATLANTA — A vehicle service contracts administrator argues in an Aug. 27 appellant brief to the Georgia Court of Appeals that a lower court erred in confirming a $462,971 arbitration award in favor of a car dealership and a reinsurer, while the car dealership and reinsurer argue in a cross-appeal filed the same day that the lower court failed to award attorney fees (Adventure Motorsports Reinsurance Ltd., et al. v. Interstate National Dealer Services Inc., No. A20A0036, and Interstate National Dealer Services Inc. v. Adventure Motorsports Reinsurance Ltd., et al., No. A20A0037, Ga. App.).

  • September 18, 2019

    6th Circuit Set To Hear Oral Arguments In Asbestos Coverage Dispute

    CINCINNATI — The Sixth Circuit U.S. Court of Appeal will hear oral arguments on Oct. 16 in an asbestos coverage dispute that has been pending for almost 14 years and in which an insurer seeks reversal of a district court’s refusal to enforce a judgment entered in favor of the insurer (Continental Casualty Co., et al. v. Indian Head Industries Inc., No. 18-2152, 6th Cir.).

  • September 18, 2019

    Health Aides Seek To Strike Reinsurer’s Pleading For Failure To Post Security

    BROOKLYN, N.Y. — Home health aides ask a New York federal court in a Sept. 13 reply to strike a captive reinsurer’s motion to dismiss their lawsuit accusing the reinsurer and affiliates of a scheme to cheat the aides out of lost wages and benefits because the reinsurer should be required to post a $25 million bond before any pleading is accepted (Ynes M. Gonzalez de Fuente, et al. v. Preferred Home Care of New York LLC, et al., No. 18-6749, E.D. N.Y.).

  • September 17, 2019

    Insureds Say Insufficient Evidence For Reinsurer, Entities’ Damages Claim

    SAN FRANCISCO — Insureds argue in their Aug. 15 brief before a California appeals court that a lower court never reached a joint and several liability issue because the lower court properly found insufficient evidence to support a damages claim by a reinsurer and its related entities for amounts owed under a reinsurance participation agreement (RPA) (Warwick California Corp., et al. v. Applied Underwriters Inc., et al., No. A155523, Calif. App., 1st Dist., Div. 4).

  • September 17, 2019

    Insurer Seeks To Compel Reinsurers To Produce Info On Allocation Of Settlement

    BOSTON — An insurer in a Sept. 13 motion asks a Massachusetts federal court to compel reinsurers to produce documents and interrogatory responses relating to their allocation and billing of its own 2009 settlement with an insured in a separate matter (Certain London Market Company Reinsurers v. Lamorak Insurance Co., No. 18-10534, D. Mass., 2019 U.S. Dist. LEXIS 38909).

  • September 11, 2019

    Commercial Auto Insurer Owes Coverage For Mental Anguish, Trucker Argues On Appeal

    NEW ORLEANS — A commercial trucker recently asked the Fifth Circuit U.S. Court of Appeals to reverse a lower federal court’s dismissal of his lawsuit seeking damages from his commercial automobile liability insurer for his alleged permanent mental injuries that resulted from his involvement in two fatal accidents (Thomas Petty v. Great West Casualty Company, No. 18-11600, 5th Cir.).

  • September 11, 2019

    Appellant Challenges Ruling That Workers’ Compensation Exclusion Bars Coverage

    RICHMOND, Va. — In a case scheduled for oral argument on Sept. 18, an appellant argues in the Fourth Circuit U.S. Court of Appeals that a lower federal court erred in finding that a commercial automobile insurance policy’s workers’ compensation exclusion applied to bar coverage because the exclusion violates the West Virginia Code Section 336-31(a)’s omnibus clause, provisions of Section 33-6-31(h) and applicable state case law (United Financial Casualty Company v. Greg Allen Ball, et al., 18-1657, 4th Cir.).

  • September 10, 2019

    Insured Says Insurer’s Motion To Compel Is Moot In Hurricane Irma Coverage Suit

    MIAMI — In response to a federal flood insurer’s motion to compel discovery in a Hurricane Irma coverage dispute, the insured in an Aug. 27 response argues that the insurer’s motion is moot because it has already provided the requested documents without the need for judicial intervention (Island Club Condominium Inc. v. Wright National Flood Insurance Co., No. 18-10303, S.D. Fla.).

  • September 10, 2019

    Insured Asks 9th Circuit To Reverse Dismissal Of UIM Coverage Dispute

    SAN FRANCISCO — An insured recently asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court’s grant of summary judgment in favor of her automobile insurer, arguing that “justice requires reversal and remand” for a trier of fact to determine questions of fact (Lorene McCall v. State Farm Mutual Automobile Insurance Company, No. 18-16622, 9th Cir.).

  • September 10, 2019

    No Coverage Owed For Oil Contaminated By Insured’s Work, Insurer Argues

    LOS ANGELES — The Second District California Court of Appeal should affirm a trial court’s ruling that an insurer was entitled to rescind a policy issued to an insured seeking coverage for contamination of oil in a storage tank caused by an insured’s work, the insurer argues in an Aug. 9 reply brief (NRG Delta LLC v. Endurance American Specialty Insurance Co., No. B285909, Calif. App., 2nd Dist., Div. 5, 2019 CA App. Ct. BRIEFS LEXIS 3817).

  • September 09, 2019

    Insurer Seeks $734,500 In Equitable Subrogation For Settlement Of Suit Against Law Firm

    LOS ANGELES — A primary and first-excess layer legal malpractice insurer on Sept. 6 sued another excess insurer in the U.S. District Court for the Central District of California, seeking recovery of a portion of the $2.5 million it paid to settle an underlying lawsuit brought against their mutual law firm insured (Certain Underwriters At Lloyd’s, London, et al. v. Scottsdale Insurance Company, No. 19-07730, C.D. Calif.).

  • September 05, 2019

    Former NFL Player Says Denial Of Disability Benefits Was Abuse Of Discretion

    SAN FRANCISCO — A former National Football League player seeking total and permanent (T&P) disability benefits under the NFL’s retirement plan claims in an Aug. 26 suit filed in California federal court that the plan abused its discretion by refusing to pay him T&P benefits (Charles Dimry v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, et al., No. 19-5360, N.D. Calif.)

  • September 05, 2019

    CGL Insurer Says Insurer’s Argument Is ‘Red Herring’ In Suit Seeking Contribution

    BOSTON — A commercial general liability insurer on Aug. 19 argued to the First Circuit U.S. Court of Appeals that another insurer’s argument that it is estopped from enforcing its policy terms because its notification of a coverage decision was untimely is a “red herring” and that the appeals court should affirm a lower federal court’s ruling that it has no duty to defend an apartment management company insured against an underlying property damage lawsuit (Clarendon National Insurance Company v. Philadelphia Indemnity Insurance Company, No. 19-1212, 1st Cir.).

  • August 30, 2019

    Insured To Court: Dispute Remains On Insurer’s Ability To Raise Premium Costs

    DALLAS — While an insurer says it is entitled to summary judgment on an insured’s declaratory judgment claim concerning the ability to raise premium costs because it followed an assumption reinsurance agreement and a rehabilitation plan involving another insurer, the insured on Aug. 28 asked a Texas federal court to deny the motion because there is a genuine dispute of material fact (Don B. Chae v. American Fidelity Assurance Co., No. 19- 157, N.D. Texas).

  • August 26, 2019

    Reinsurers Oppose Insurer’s Rehabilitator’s Request To Remand $150M Dispute

    SAN JUAN, Puerto Rico — Reinsurers in two Aug. 21 filings argue that a federal judge in Puerto Rico should reject an insurer’s rehabilitator’s attempt to remand a case over $150 million in losses from two hurricanes to the insurer’s rehabilitation proceeding and, instead, send the matter to arbitration (Integrand Assurance Co. v. Everest Reinsurance Co., et al., No. 19-01111, D. Puerto Rico).

  • August 21, 2019

    Insurers: Hurricane Maria Damages Were Not Caused By Peril Other Than Windstorm

    ST. CROIX, Virgin Islands — Two commercial property insurers on Aug. 16 filed a declaratory judgment lawsuit against their shopping mall insured in a federal court in the Virgin Islands, alleging that the insured has failed to establish that its more than $12.4 million in alleged Hurricane Maria damage was caused by covered perils that are not subject to the policies’ $3.25 million windstorm limit (Great Lakes Insurance S.E., et al. v. Sunshine Shopping Center, Inc., No. 19-00039, D. Virgin Islands).

  • August 20, 2019

    Insurer’s Evidence Is ‘Inconsistent,’ ‘Contradictory,’ Insured Tells Texas Court

    HOUSTON — An insured recently asked a Texas appeals court to reverse a lower court’s summary judgment ruling in favor of general liability and excess insurer, arguing that the insurer’s evidence for its open book account, unjust enrichment and breach of contract claims is “inconsistent with the facts” and “contradictory” (Loadmaster Universal Rigs, Inc.v. Twin City Fire Insurance, No. 01-19-00229-CV, Texas App., 1st Dist.).

  • August 19, 2019

    3rd Circuit To Hear Argument In Dispute Over Death Benefit For Purported Suicide

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals is scheduled to hear oral argument on Sept. 10 in a case brought by a widower who contends that he has been wrongly denied access to life insurance benefits on grounds that the insurer defined his wife’s death as a suicide (Gianfranco Arena v. RiverSource Life Insurance Company, No. 19-1043, 3rd Cir.).

  • August 19, 2019

    Insured, Assignee Ask 9th Circuit To Reverse Dismissal Of Bad Faith Insurance Suit

    PASADENA, Calif. — An insured and his assignee, who were involved in a motor vehicle accident, recently asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court’s dismissal of their bad faith lawsuit against the insured’s personal automobile insurer, arguing that the insurer “unreasonably rejected” the assignee’s $100,000 policy limits settlement offer by failing to comply with the terms of the offer (Ethan Volungis, et al v. Liberty Mutual Fire Insurance, No. 18-16600, 9th Cir.).