Mealey's Insurance Pleadings

  • August 21, 2026

    Reinsurance Broker, Insurance Exchange Stipulate Dismissal Of Brokerage Fee Case

    NEW YORK — A reinsurance broker and an insurance exchange on Aug. 20 stipulated to dismissal in a New York federal court of their case in which the exchange sued the broker over $101,646.20 in brokerage fees the broker deducted from claim payments held in a fiduciary account.

  • August 21, 2026

    Farmers Seek Confirmation Of $1.6M Award Against Crop Insurer, Agent

    LOUISVILLE, Ky. — A farm general partnership seeks confirmation of an arbitration award in Kentucky federal court after a crop insurer and agent failed to pay more than $1.6 million in indemnity and accrued interest stemming from the mishandling of the partnership’s request for an actuarial change, which left it without coverage when its canola crop sustained weather-related damage.

  • August 21, 2026

    Contractor Asks Court To Adopt Recommendation On Insurance Assignment Dispute

    WEST PALM BEACH, Fla. — A construction company filed a response to objections to the recommendation of a federal magistrate judge in Florida that the company’s breach of contract claim against an insurer should not be dismissed, arguing that the magistrate judge’s reasoning and analysis are sound and that the relevant Florida statute does not apply because the assignment of insurance benefits at issue clearly assigned the benefits to the construction company.

  • August 21, 2026

    Florida Homeowners Dismiss Hurricane Coverage Suit Against Guaranty Association

    SARASOTA, Fla. — After entering into a confidential settlement with the Florida Insurance Guaranty Association (FIGA), homeowners filed a notice of voluntary dismissal with prejudice in a Florida state court, stating that they were voluntarily dismissing with prejudice their breach of contract action against FIGA.

  • August 21, 2026

    Insurers Urge 9th Circuit To Affirm Construction Exclusion Ruling

    SAN FRANCISCO — Insurers argue that the Ninth Circuit U.S. Court of Appeals should affirm a lower court’s order granting their motion for summary judgment against a construction manager, contending that summary judgment was proper because the policy’s course of construction exclusion (COCE) precluded coverage for the construction manager’s liability in an underlying lawsuit.

  • August 21, 2026

    Insurer Asks Court To Adopt R&R Finding No Defense In Defective Pavers Dispute

    TAMPA, Fla. — An insurer asked a Florida federal court to adopt a magistrate judge’s recommendation that the insurer had no duty to defend a concrete paver manufacturer in an underlying dispute over defective pavers at an RV park, agreeing with the magistrate judge that the defective pavers did not cause physical injury to other tangible property.

  • August 20, 2026

    Homeowners Defend Desire To Amend AI Insurance Review Case

    CHICAGO — Plaintiffs in a federal court in Illinois defended a motion to amend their complaint alleging that their insurer’s use of artificial intelligence subjected minorities to additional scrutiny, saying discovery produced additional data supporting the allegations.

  • August 20, 2026

    Captive Reinsurer Seeks Intervention In $5M Reinsurance Default Suit

    LOS ANGELES — A captive reinsurer moved to intervene in a California federal court in an insurer’s breach of guaranty action against captive program members, arguing that the insurer’s recently filed motion for summary judgment would require the court to interpret their underlying reinsurance agreement, including how the reinsurer’s annual aggregate liability should be calculated and whether the insurer complied with its contractual good faith obligations.

  • August 19, 2026

    Homeowners File 2nd Amended Complaint After Demurrer Order In Antitrust Suit

    LOS ANGELES — A group of California homeowners filed a second amended complaint (SAC) in a California state court, narrowing their claims against a collection of insurers to Cartwright Act and unfair competition law (UCL) claims alleging that the insurers conspired to restrict conventional homeowners coverage and force policyholders into the California FAIR Plan, following an order that overruled the insurers’ joint demurrer to those claims but sustained with leave to amend some defendant-specific demurrers.

  • August 19, 2026

    Pharmacy Benefit Manager Disputes Reinsurer, Health Administrator Rebate Claims

    HOUSTON — A pharmacy benefit manager seeks a declaratory judgment in a Texas federal court after a reinsurer and third-party administrator (TPA) asserted competing claims to millions of dollars in prescription drug rebates, asking the court to declare that the rebates are not health plan assets and that neither defendant has a contractual, statutory or fiduciary right to their ownership or payment.

  • August 18, 2026

    Insurer Says Oregon High Court Should Review Allocation Ruling In Contamination Suit

    SALEM, Ore. — An appellate court incorrectly determined that statutory attorney fees should not be included in the allocation of coverage damages in a contribution coverage dispute between primary and excess insurers over environmental contamination costs incurred by the insureds, an insurer says in a petition asking the Oregon Supreme Court to review the appellate court’s ruling.

  • August 18, 2026

    Coverage Denial For New Contamination Claims Was Justified, Insurer Says

    SEATTLE — In a reply in support of a motion for summary judgment, an insurer maintains that its denial of coverage for an insured’s newly-tendered claim stemming from environmental contamination was consistent and justified based on a state trial court’s 2016 dismissal of similar claims.

  • August 18, 2026

    Captive Administrator Claims It Is Not A Party To $229K Reimbursement Suit

    BOSTON — In a dispute over $229,963 allegedly owed under a group captive insurance program, the program’s administrator seeks summary judgment in a Massachusetts federal court, asserting that it was not a party to the governing membership agreement, that the disputed funds were controlled elsewhere and that the alleged conduct took place outside Massachusetts.

  • August 18, 2026

    Cosmetic Company, Insurer Stipulate To Dismiss Consumer Fraud Coverage Dispute

    LOS ANGELES — A cosmetic company and its commercial general liability insurer filed a stipulation in a California federal court to dismiss with prejudice the insured’s action seeking coverage for three underlying putative class action lawsuits alleging that the company deceptively sold beauty products by failing to disclose the dangerous risks and side effects of lash enhancement serums’ “key ingredient.”

  • August 18, 2026

    Insurer Seeks To Dismiss Itself From Appeal In D&O Coverage Dispute

    BALTIMORE — Six days after directors and officers liability insurers told a Maryland federal court that they are appealing its denial of their request for prejudgment interest after it ruled in their favor in their lawsuit challenging coverage for underlying investigations against Under Armour Inc. by the U.S. Securities and Exchange Commission and the U.S. Department of Justice, shareholder demand letters and a securities class action, one of the insurers moved to dismiss itself from the appeal.

  • August 17, 2026

    Insurer Brings Counterclaims Against Reinsurer Over $31M Pollution Settlement

    CLEVELAND — Contending that its $31 million payment resolved liabilities covered by a reinsured policy, an insurer brought counterclaims for breach of contract, equitable subrogation and unjust enrichment in an Ohio federal court against a reinsurer seeking a declaration that it has no obligation under facultative reinsurance certificates to reimburse the payment, which arose from an environmental coverage dispute over remediation costs at a Kentucky aerospace manufacturing site.

  • August 17, 2026

    Scottish Re Receiver Recommends Approval Of $171.1M In Cedent Claims

    WILMINGTON, Del. — The receiver for Scottish Re (U.S.) Inc. (SRUS), a life insurer in liquidation, recommended that the Delaware Chancery Court approve approximately $171.1 million in 40 positively valued cedent reinsurance claims, along with one claim valued at $0 and another valued at negative $118,981.23.

  • August 12, 2026

    Plastics Manufacturer Seeks Full Vacatur Of IRS Rule In Appellant Brief

    NEW ORLEANS — Writing that the Fifth Circuit U.S. Court of Appeals “should finish the job” by vacating the entirety of an IRS final rule that a lower court partially invalidated, a plastics manufacturer argues in its appellant brief that the remaining portion of the rule is unlawful on the basis that its “building blocks” lack administrative record support.

  • August 12, 2026

    Farm Seeks Damages After Alleged Wrongful Denial Of Crop Insurance Claim

    STOCKTON, Calif. — An almond farm seeks compensatory damages in a California state court from an insurer, an insurance agency, an insurance agent and an almond-processing company arising from a crop insurance claim that the farm alleges was wrongfully denied because one of the insurers and its agent failed to properly transmit its timely notice of loss, resulting in the claim falling past the “‘end of harvest date’” of its policy.

  • August 12, 2026

    Insurer Asks 11th Circuit To Affirm No Coverage Ruling For Trade Secrets Suit

    ATLANTA — A lawyer’s professional liability insurer filed an appellee brief asking the 11th Circuit U.S. Court of Appeals to affirm a lower federal court’s ruling that it has no duty to defend or indemnify an attorney insured and his wife against an underlying trade secrets lawsuit, responding to the appellants’ argument that the underlying allegations trigger the insurer’s duty to defend “on their face.”

  • August 11, 2026

    LIGA Urges Court To Deny Judgment To Homeowners In Hurricane Damage Dispute

    BATON ROUGE, La. — In response to insured homeowners’ motion for partial summary judgment seeking a declaration that the Louisiana Insurance Guaranty Association (LIGA) is subject to bad faith penalties for its post-insolvency claims handling in a Hurricane Ida coverage dispute in Louisiana federal court, LIGA urged the court to deny the motion, arguing that LIGA, as a “statutory guaranty association” rather than an insurer, is limited in its obligations “to the payment of covered claims.”

  • August 11, 2026

    D&O Insurers Appeal Denial Of Prejudgment Interest In Dispute With Under Armour

    BALTIMORE — Directors and officers liability insurers told a Maryland federal court that they are appealing its denial of their request for prejudgment interest after a ruling was entered in their favor in their lawsuit challenging coverage for underlying investigations against Under Armour Inc. by the U.S. Securities and Exchange Commission and the U.S. Department of Justice, shareholder demand letters and a securities class action.

  • August 10, 2026

    5th Circuit: Judge’s Order In Builder’s Indemnification Suit Lacks Explanation

    NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel remanded for further explanation a federal judge in Texas’ grant of summary judgment in favor of an insurer in a builder’s suit seeking indemnification for an arbitration award for damages caused by construction defects in a home the builder built, finding that the judge had not provided a sufficient explanation for the basis of his ruling.

  • August 10, 2026

    Insured Says Res Judicata Question Already Answered In Contamination Lawsuit

    SEATTLE — In an Aug. 7 response to an insurer’s motion for summary judgment in an environmental contamination coverage suit, an insured urges a Washington federal court to deny the insurer’s motion because the court already answered the question of whether a state trial court’s 2016 dismissal of similar claims precludes the insured’s claims.

  • August 10, 2026

    MLB Team’s Insurer Seeks Contribution For Suits Over Baseball Player’s Death

    LOS ANGELES —The Los Angeles Angels’ workers’ compensation and employers liability insurer sued the team’s commercial general liability insurer for equitable subrogation, equitable contribution, equitable indemnification and declaratory relief for the costs it paid in defending two underlying wrongful death and negligence actions arising from the overdose death of a professional baseball player.