Mealey's Insurance Pleadings

  • April 25, 2024

    Bid For Ruling As To Coverage Exclusions Is Disputed In Suit Over Water Damage

    PHOENIX — In a reply brief challenging arguments by an insurer and reinsurer that the ruling it seeks would be advisory, the insured tells an Arizona federal court that what it is really requesting is a proper “partial summary adjudication . . . on two issues of law that are critical in this insurance coverage and bad faith action” over water damage.

  • April 25, 2024

    Insolvent Insurers’ Owner Asks Delaware Court To Vacate $524M Foreign Judgment

    NEW CASTLE, Del. — A judgment debtor and former owner of insolvent insurers ordered by a North Carolina federal court to pay a $524,009,051.26 judgment to a Puerto Rico-based insurer asked a Delaware state court to vacate the foreign judgment, asserting that the insurer has provided “evidence that no payment is required by” the debtor under a reinsurance trust backed by the debtor’s $25 million guarantee.

  • April 24, 2024

    Railroad Seeks Final Judgment, Certification On Preclusion In Mine Subsidence Row

    SPRINGFIELD, Ill. — After filing a notice of appeal regarding a partial dismissal order in a suit over mine subsidence claims, a railroad company has moved in an Illinois federal court requesting “two alternative grounds for appellate jurisdiction” that it says would “simplify briefing.”

  • April 23, 2024

    Insured Files Complaint, Says Additional Coverage Owed For Asbestos Suits

    PHILADELPHIA — An insured filed suit in Pennsylvania federal court against its insurer, seeking a declaration that the insurer owes coverage for underlying asbestos bodily injury and alleging that the insurer breached the insurance policies at issue by terminating the insured’s defense and indemnity costs based the insurer’s belief that the underlying suits constitute one occurrence under the policies at issue.

  • April 22, 2024

    Suquamish Tribe Opposes Insurers’ Petition for Rehearing In COVID-19 Coverage Suit

    SEATTLE —The Suquamish Tribe opposed insurers’ petition for rehearing and rehearing en banc asking the Ninth Circuit U.S. Court of Appeals to reconsider its Feb. 29 opinion that affirmed a federal court’s finding that a tribal court has subject matter jurisdiction over a COVID-19 coverage suit involving tribal properties on tribal land, arguing that the insurers’ argument “distorts” the panel’s ruling and controlling law.

  • April 22, 2024

    Question Of Fact Exists On Insured’s Knowledge Of Contamination, Insured Says

    ATLANTA — A district court’s ruling that no coverage is owed to an insured for contamination cleanup costs caused by the release of petroleum and other contaminants from an underground storage tank at a gas station should be reversed because a disputed issue of fact exists as to whether the insured knew about the contamination before the issuance of the policy, the insured says in its April 19 appellant reply brief filed in the 11th Circuit U.S. Court of Appeals.

  • April 19, 2024

    Winemaker Sues Insurers In Washington Court, Seeks Coverage For Defective Wine

    SEATTLE — A wine producer sued its insurer for declaratory judgment and breach of contract in a Washington court, seeking coverage for the “tragic damage to 320,922 cases of premium Washington wine” that resulted in a loss of more than $8 million.

  • April 18, 2024

    Amici File Briefs In Support Of Insurer’s High Court Appeal Of Remanded Class Action

    WASHINGTON, D.C. — Two sets of amici curiae filed briefs on April 17 in the U.S. Supreme Court supporting an insurer’s petition for a writ of certiorari seeking review of the Seventh Circuit U.S. Court of Appeals’ finding that a class action challenging its practices fits within the internal affairs and home state controversy exceptions to the Class Action Fairness Act (CAFA).

  • April 18, 2024

    D&O Insurers File Defenses To Insurer In Rehabilitation’s Breach Of Contract Suit

    INDIANAPOLIS — Primary and excess directors and officers (D&O) insurers that issued policies to an insurer now in rehabilitation filed defenses in an Indiana federal court to the insurer in rehabilitation’s suit against them that seeks a declaration that specified D&O policies apply to cover claims in underlying litigation.

  • April 18, 2024

    Primary Insurer Seeks Review From Oregon High Court In Contribution Coverage Suit

    SALEM, Ore. — A primary insurer filed a petition for review in the Oregon Supreme Court, seeking review of the Oregon Court of Appeals’ reversal of a trial court’s ruling in favor of the primary insurer in a contribution coverage dispute between primary and excess insurers over the environmental contamination cleanup costs incurred by the insureds.

  • April 17, 2024

    Insureds Sue Excess D&O Insurers For Bad Faith, Seek Coverage For Receiver’s Claims

    CLEVELAND — The former chief executive officer and the general counsel of Dream Center Education Holdings LLC sued their excess directors and officers liability insurers for breach of contract and bad faith in an Ohio federal court, alleging that the insurers’ denials of coverage for a receiver’s underlying lawsuit “are both baseless and unreasonable.”

  • April 16, 2024

    AG Sides With Insured In UCL Time Limit Case Before California High Court

    SAN FRANCISCO — California Attorney General Rob Bonta filed an amicus curiae brief with the state’s Supreme Court supporting an insured in her challenge to the dismissal as time-barred of her lawsuit claiming that her insurer failed to properly investigate a claim, writing that the court should have applied the four-year statute of limitations based on her claim for injunctive relief under California’s unfair competition law (UCL).

  • April 16, 2024

    Parties In Mold, Construction Defects Suit File Supplemental Authorities In 11th Circuit

    ATLANTA — An insurer and insureds involved in a dispute over coverage for mold damage discovered in an insured hotel filed supplemental authorities on April 15 in the 11th Circuit U.S. Court of Appeals, citing cases that each side claims are relevant to the issue of whether the policy at issue provides coverage for losses caused by a construction defect even if the cost to fix the defect is not covered.

  • April 16, 2024

    Primary Insurer Files Suit, Seeks Declaration On Policies’ Remaining Aggregate Limits

    PORTLAND, Ore. — A primary insurer filed suit in Oregon federal court against its insured and the insured’s excess insurers, seeking a declaration as to whether the aggregate limits of its policies have been exhausted by payments made on behalf of the insured for environmental contaminations claims.

  • April 15, 2024

    Freddie Mac, Lead Insurer In D&O Coverage Dispute Finalize Settlement

    WASHINGTON, D.C. — Federal Home Loan Mortgage Corp. (Freddie Mac) notified a District of Columbia federal court that it has reached a settlement with the lead insurer in its breach of contract and bad faith lawsuit seeking directors and officers liability coverage for underlying expenses it incurred on behalf of its directors, officers and employees who were subpoenaed by the Securities and Exchange Commission during an investigation and subsequent lawsuit.

  • April 15, 2024

    Pollution Exclusion Does Not Bar Coverage For Carbon Monoxide Claim, Insureds Say

    BISMARCK, N.D. — A pollution exclusion does not bar coverage for an underlying bodily injury claim stemming from carbon monoxide exposure because the pollution exclusion in the insurer’s policy applies only to traditional environmental pollution claims, the insureds contend in an April 12 appellant brief filed in the Eighth Circuit U.S. Court of Appeals.

  • April 12, 2024

    Failure To Offer Proof Of Continued Disability Supports Termination, Plan Says

    PHILADELPHIA — A disability claimant’s failure to provide proof of a continued disability when her long-term disability (LTD) benefits were terminated supports the reasonableness of the disability plan’s termination of benefits and warrants the reversal of a district court’s judgment in favor of the claimant, the disability plan maintains in its appellant reply brief filed in the Third Circuit U.S. Court of Appeals.

  • April 11, 2024

    HOA Seeks Reconsideration Of Lack Of Standing In Construction Insurance Dispute

    JACKSONVILLE, Fla. — A homeowners’ association asks a federal judge in Florida to reconsider a finding that it lacked standing to seek a declaratory judgment in a construction insurance dispute where an insurer seeks a declaration that it owes no indemnification to a subcontractor that worked on homes operated by the HOA.

  • April 11, 2024

    Farmers To 6th Circuit: Vacate Parts Of Dismissal Ruling In Crop Insurance Case

    CINCINNATI — Alleging in their opening brief that a crop insurer and the Federal Crop Insurance Corp. (FCIC) “are squeezing New Heights out of business with their never-ending stalled investigation,” farmers ask the Sixth Circuit U.S. Court of Appeals to vacate parts of a dismissal ruling and remand.

  • April 09, 2024

    Insurer Seeks Rehearing In Dispute Over $1M Settlement Of Canceled Music Festival

    NEW ORLEANS — An insurer filed a petition asking the Fifth Circuit U.S. Court of Appeals to reconsider its reversal of a lower federal court’s summary judgment ruling in its favor in the insured’s lawsuit seeking coverage for an underlying $1 million class action settlement arising from its refusal to refund ticket sales for the South by Southwest festival that was canceled due to the COVID-19 pandemic, challenging the panel’s finding that the policy’s contract and professional services exclusions do not bar coverage.

  • April 08, 2024

    Primary, Excess Insurer Says Pollution Exclusion Bars Coverage For Silica Lawsuits

    MINNEAPOLIS — No coverage is owed to an insured manufacturer of quartz surface slabs for underlying bodily injury lawsuits arising out of exposure to silica dust while working with the quartz slabs because coverage is barred by the pollution exclusion, a primary and excess insurer says in a complaint filed in Minnesota federal court.

  • April 09, 2024

    Insureds Say Remand In Pollution Dispute Is Necessary, Appeal Is Premature

    SAN FRANCISCO — Insureds involved in an environmental contamination coverage suit urge the Ninth Circuit U.S. Court of Appeals to remand its suit to the district court, contending that the insurer’s notice of appeal was premature because the district court did not rule on the insureds’ motion to alter or amend the judgment entered in favor of the insureds on the applicability of the pollution exclusion.

  • April 08, 2024

    Insured Asks 5th Circuit To Rehear Professional Liability Coverage Dispute

    NEW ORLEANS — An insured on April 5 filed a petition seeking rehearing en banc of the Fifth Circuit U.S. Court of Appeals’ March 21 per curiam opinion that affirmed a lower federal court’s summary judgment ruling in favor of a professional liability insurer in the insured’s lawsuit seeking coverage for underlying claims that she breached a subcontract by wrongfully soliciting the underlying plaintiff’s clients, asserting that the way the panel affirmed the lower court “without writing on the issues” “appears to approve a faulty process for determining the duty to Defend.”

  • April 08, 2024

    Insurer Moves To Reargue Dismissal Of Breach Of Contract Claims In Subrogation Suit

    WILMINGTON, Del. — An insurer asked a Delaware court if it can reargue the court’s dismissal of its breach of contract claims for pleading deficiencies and file an amended complaint before dismissal with prejudice is entered on the breach of contract claims in its subrogation lawsuit seeking recovery from an application service provider for the amount paid to nonprofit insureds for investigative and remediation steps arising from a ransomware attack.

  • April 05, 2024

    Condo Developer Tells 10th Circuit It Should Affirm Insurance Dispute Ruling

    DENVER — A condominium developer tells the 10th Circuit U.S. Court of Appeals that an insurer uses “semantic shell games” to argue that it does not owe the developer damages in its appeal of a jury’s $2.54 million award in the developer’s favor, saying the insurance policy at issue covered all costs associated with repair.

Can't find the article you're looking for? Click here to search the Mealey's Insurance Pleadings archive.