Mealey's Insurance Pleadings

  • October 26, 2023

    Subcontractor’s Insurer Appeals Judgment In Pavement Coverage Row To 7th Circuit

    CHICAGO — A subcontractor’s insurer on Oct. 25 appealed to the Seventh Circuit U.S. Court of Appeals an Illinois federal judge’s decision in a coverage dispute over the failure of pavement at a Michigan outlet mall to deny its motion for summary judgment and grant the competing summary judgment motion of another subcontractor’s insurer because the underlying complaint does not allege an “occurrence” or “property damage” to trigger the second insurer’s duty to defend.

  • October 25, 2023

    Insurers, Contractor Address Rain Exclusion In Briefing Before 9th Circuit

    SAN FRANCISCO — A contractor “argues it can sidestep the Rain Exclusion by recharacterizing the rain and snow that fell on the incomplete roof as a different ‘peril’ than that contemplated by the” exclusion, but the exclusion “unambiguously contemplates and excludes damage from rain and snow that damages the Project’s interior before its roof is finished,” the contractor’s all-risk insurers say in urging the Ninth Circuit U.S. Court of Appeals to affirm a lower court’s grant of summary judgment in their favor.

  • October 25, 2023

    Homeowner Sues Guaranty Association, Cites ‘Duty To Indemnify’ For Unpaid Claim

    FORT MYERS, Fla. — A homeowner alleging that her insurer failed to pay any part of a claim for home damage sued the Florida Insurance Guaranty Association (FIGA) in a Florida state court, asserting that because FIGA is the statutory receiver for the insurer that was ordered into liquidation, it “has a duty to indemnify” the homeowner for the unpaid claim.

  • October 24, 2023

    Leaky Roof Suit Transferred From Western District Of Texas To Southern District

    AUSTIN, Texas — A federal judge in Texas has granted a commercial general liability insurer’s unopposed motion to transfer a breach of contract suit against it stemming from the replacement of a roof that later leaked to another federal court in Texas “where the relevant witnesses, the Property, key events, and documents are located.”

  • October 24, 2023

    Guaranty Association Seeks Extension In Suit Alleging Dishwasher Leak Water Damage

    WEST PALM BEACH, Fla. — The Florida Insurance Guaranty Association (FIGA) filed in a Florida state court a request for additional time to respond to a complaint against it and an insolvent homeowners insurer in the homeowners’ breach of contract suit related to purported water damage from a leaking dishwasher.

  • October 23, 2023

    Lawyer Insured: Panel’s Ruling Guts Professional Liability Insurer’s Duty To Defend

    NEW YORK — A lawyer insured on Oct. 21 filed a petition for rehearing en banc seeking to reverse the Second Circuit U.S. Court of Appeals’ ruling that a professional liability insurer has no duty to defend its construction management company against a lawsuit arising from a home renovation project because the underlying complaint fails to allege professional services that the insured provided as a lawyer to trigger coverage, arguing that the panel’s decision “abrogates decades of black-letter New York insurance law that favors insureds, effectively gutting an insurer’s duty to defend.”

  • October 23, 2023

    Insurer Says Coverage Suit Over Legionnaire’s Disease Should Stay In Federal Court

    LOUISVILLE, Ky. — A Kentucky federal court should exercise its discretion and permit an insurer’s declaratory judgment suit to proceed because litigating the issue of coverage in federal court is more judicially efficient than transferring the suit to a state court where the underlying bodily injury suit arising out of an apartment tenant’s contraction of Legionnaire’s disease is pending, the insurer says in its response to a motion to dismiss.

  • October 23, 2023

    Insureds Seek Dismissal In Hurricane Coverage Row Involving Liquidated Insurer

    ST. CROIX, Virgin Islands — Homeowners notified a federal court in the Virgin Islands that because one of the insurer defendants was never served, the case against it should be dismissed in the insureds’ Hurricane Maria coverage suit involving an insurer in liquidation.

  • October 23, 2023

    Insurer And Its Officers Challenge 7th Circuit’s Remand Of Class Action

    CHICAGO — An insurer and its directors and officers filed petitions for rehearing en banc seeking review of the Seventh Circuit U.S. Court of Appeals’ holding that a class action challenging the insurer’s practices fits within the internal affairs and home state controversy exceptions to the Class Action Fairness Act (CAFA), challenging the panel’s reversal of a lower federal court’s denial of the insured’s motion to remand.

  • October 23, 2023

    7-Eleven Seeks Coverage For Bodily Injury Lawsuit Involving Store Employee

    MIAMI — A 7-Eleven sued its insurers for declaratory relief in a federal court in Florida, seeking general liability and liquor liability coverage for a customer’s underlying bodily injury lawsuit alleging that a 7-Eleven employee physically struck him numerous times.

  • October 18, 2023

    Debtors In Vesttoo Chapter 11 Case Ask Bankruptcy Court To Establish Bar Dates

    WILMINGTON, Del. — Vesttoo Ltd. and 48 affiliated entities (collectively, the debtors) have asked a Delaware federal bankruptcy court to set a series of bar dates in their jointly administered Chapter 11 case, starting with a Dec. 1 deadline for nongovernmental entities or individuals to file proof of claims that arose before the debtors filed for bankruptcy.

  • October 18, 2023

    Plaintiffs File Notice Of Appeal Regarding Rulings In ACA Reinsurance Row

    WASHINGTON, D.C. — Two plaintiffs in a lawsuit over the Transitional Reinsurance Program (TRP) of the Patient Protection and Affordable Care Act (ACA) have filed a notice that they are appealing rulings against them that were issued in the U.S. Court of Federal Claims.

  • October 17, 2023

    Policy Interpretations Argued In Coverage Row Over Sex Abuse Case Settlements

    SEATTLE — Parties in a case over reimbursement for defense and settlement of suits alleging sexual abuse are disputing the interpretation of policy terms, with the plaintiff telling a Washington federal court in an Oct. 16 motion for summary judgment that allegations of retaliation are sufficient to state claims against a foreign reinsurer.

  • October 16, 2023

    Insurer Appeals Ruling That Negligence Claim Against Engineer Is Time-Barred

    CHEYENNE, Wyo. — A subrogated homeowners insurer has appealed to the 10th Circuit U.S. Court of Appeals a federal judge in Wyoming’s ruling that its claim against the engineer that designed a home’s plumbing is time-barred by the two-year statute of limitations for professional negligence claims as the claim began to run when the engineer submitted the final design plans.

  • October 16, 2023

    Parties In Breach, Bad Faith Lawsuit Spar Over Dismissal Arguments

    MONTGOMERY, Ala. — In separate replies addressing the plaintiff’s contentions that it is not an insurer and that the policies at issue are not reinsurance, defendants in an Alabama federal suit over reimbursement for workers’ compensation claims reiterate their arguments for dismissing the breach of contract, bad faith, laches and equitable estoppel claims against them.

  • October 13, 2023

    High Court Grants Cert For Insurer’s Challenge To Kaiser Gypsum Asbestos Bankruptcy

    WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 13 granted a petition for certiorari filed by the primary insurer of Chapter 11 asbestos debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. over a Fourth Circuit U.S. Court of Appeals’ ruling that the insurer lacks standing to challenge the debtors’ reorganization plan.

  • October 11, 2023

    SEC Seeks To Compel Musk’s Testimony In Twitter Investigation

    SAN FRANCISCO — The Securities and Exchange Commission filed an application in the U.S. District Court for the Northern District of California for an order to compel Elon Musk to testify as part of an SEC investigation into his 2022 purchase of stock in Twitter Inc., saying Musk refused to comply with an administrative subpoena in September after having agreed to testify in May and called the subpoena harassment.

  • October 11, 2023

    Maritime Insurer, Insured Argue Choice-Of-Law Issue To U.S. Supreme Court

    WASHINGTON, D.C. — In oral arguments before the U.S. Supreme Court on Oct. 10, the attorney representing a maritime insurer argued that the forum-selection clause in a maritime insurance policy is enforceable as a matter of law in a dispute limited to the question:  “Under federal admiralty law, can a choice of law clause in a maritime contract be rendered unenforceable if enforcement is contrary to the ‘strong public policy’ of the state whose law is displaced?”

  • October 10, 2023

    Insured Claims Property Insurer Owes Additional Coverage For Water Damage

    LOS ANGELES — An insured filed suit in California state court against its property insurer, seeking a declaration that the insurer owes additional coverage to repair a property damaged when water pipes burst in the building and alleging that the insurer breached its contract and acted in bad faith by refusing to release additional fund for repairs.

  • October 10, 2023

    Insured Condo Association Appeals Pollution Exclusion Ruling To 11th Circuit

    ATLANTA — An insured filed a notice of appeal to the 11th Circuit U.S. Court of Appeals, seeking review of a Georgia federal judge’s ruling that an insurer owes no coverage for underlying suits filed by residents of a condominium building who claim that they were injured as a result of fumes exhausted from a backup power generator because the policies’ pollution exclusions bar coverage.

  • October 06, 2023

    Hotel Seeks Dismissal Of Insurer’s Suit Disputing Coverage For Trafficking Claims

    ATLANTA — Moving to dismiss an insurer’s complaint, an insured hotel operator argues in Georgia federal court that a commercial general liability insurance policy’s “Abuse or Molestation” and “Assault or Battery” endorsements are inapplicable to an underlying lawsuit alleging that it did not uphold its duty of care concerning the safety of its hotel and hotel guests by failing to prevent and respond to evidence of sex trafficking.

  • October 05, 2023

    Oregon High Court Urged To ‘Quash Confusion,’ Clarify ‘Occurrence’ Requirement

    SALEM, Ore. — Saying a commercial general liability insurer’s respondents’ brief “illustrates precisely why clarification of Oregon law on the interpretation of ‘occurrence’ is needed,” homeowners urge the state Supreme Court to “clarify that ‘occurrence’ is interpreted by the words used to define it and that ‘accident’ and ‘exposure’ turn on the facts of what happened, without regard to the legal theory of liability that might be later applied to those facts in a legal proceeding.”

  • October 05, 2023

    Parties Make Dismissal Arguments In Crop Insurance Row Over Long-Pending Claims

    GRAND RAPIDS, Mich. —  Arguing that “if this case is not ripe, it never will be,” plaintiffs who sued over crop insurance claims that they say have not been adjusted in more than three years mostly opposed a dismissal motion filed in Michigan federal court by the U.S. Department of Agriculture (USDA) and the Federal Crop Insurance Corp. (FCIC).

  • October 05, 2023

    Fronting Company Sues Captive Reinsurer Over $2.2M In ‘Misdirected Payments’

    NEW YORK — Seeking to hold a captive reinsurer responsible for a penalty, a fronting company has sued in New York federal court over what it calls $2,207,896 in misdirected payments.

  • October 04, 2023

    Insurer Asks 8th Circuit To Reconsider Remand Of Coronavirus Coverage Suit

    ST. LOUIS — An insurer seeks rehearing or rehearing en banc of the Eighth Circuit U.S. Court of Appeals ruling that reversed and remanded a coronavirus coverage lawsuit for an Iowa federal court to determine whether federal diversity jurisdiction exists, arguing that the panel “expressly rejected the principle of federal law that parties are bound by their concessions of jurisdictional facts.”

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