Mealey's Insurance Pleadings : Mealey's : Legal News & Analysis

Mealey's Insurance Pleadings

July 30, 2024
Insured Appeals Take-Nothing Judgment In Coverage Dispute Over Wrongful Termination

WEST PALM BEACH, Fla. — An insured filed a notice in a Florida federal court indicating that he is asking the 11th Circuit U.S. Court of Appeals to review a take-nothing judgment in favor of a primary insurer in his lawsuit seeking coverage under a professional liability, directors and officer's liability and fiduciary liability insurance policy for underlying claims that he was wrongfully terminated by his former employer.
July 29, 2024
Broker’s Application For Reargument Is ‘Theatrical Rhetoric,’ Insured Argues

PHILADELPHIA — An insured answered an insurance broker’s application seeking reargument after a Pennsylvania appellate panel affirmed a lower court’s ruling that denied the broker’s motion for judgment notwithstanding the verdict in a coverage dispute arising from an injury from a slip and fall, asserting that the broker’s application for reargument “ignores the standard of review” governing the broker’s appeal and the appellate panel’s decision.
July 29, 2024
After Forced Deal, Insurer Sues Reinsurer’s Former Parent Company In Federal Court

NEW YORK — Alleging a “$300 million fraud,” an insurer sued a holding company in New York federal court, asserting claims for securities and common-law fraud and breach of contract in connection with the insurer’s April 14 purchase of Bermuda-based reinsurer JRG Reinsurance Company Ltd.
July 29, 2024
Ex-NFL Player Seeks High Court Review, Says Wrong Standard Of Review Applied

WASHINGTON, D.C. — A former National Football League player filed a petition for writ of certiorari in the U.S. Supreme Court, contending that the high court should review the Fifth Circuit U.S. Court of Appeals’ ruling that he failed to prove that he is entitled to additional disability benefits under the NFL’s benefits plan because a de novo standard of review should have been applied based on the plan’s procedural violations.
July 29, 2024
No Coverage Owed For Fire Damage To Insured’s Cannabis Crops, Insurer Argues

NEW HAVEN, Conn. — An insurer moved for summary judgment in its declaratory judgment lawsuit disputing coverage for the insured’s claim for losses arising from an exploding lamp that caused fire damage to 998 marijuana plants, arguing to a Connecticut federal court that the insured’s flowering room’s two-month unavailability had no effect on its production process to warrant business income coverage and the insured’s only purported losses stem from its inability to sell cannabis products that were derived from the fire-damaged crops and property.
July 26, 2024
Ex-Underwriter’s Dismissal Bid Skirts Main Claim In Breach Of Contract Row

MIAMI — Noting that he does not seek dismissal of a claim that he says the bulk of the allegations relate to, a former underwriter on July 25 moved in Florida federal court for dismissal of the other two claims in a suit over conduct that an insurer alleges included greatly exceeding his authority by executing a facultative retrocession agreement to cover a risk of more than $44 million.
July 25, 2024
Insurer Says Other Insurer Owes Coverage To Insured For Hot Tub Injury Suit

SAN JOSE, Calif. — An insurer filed suit in California federal court against another insurer, seeking a declaration that a pollution exclusion and fungi or bacteria exclusion in the other insurer’s policies do not bar coverage to a mutual insured for an underlying suit alleging that the insured’s failure to maintain a hot tub caused an individual to sustain bodily injuries.
July 24, 2024
Parties In Good Farming Practices Row Don’t Want Rebriefing Under Loper Bright

LUBBOCK, Texas — In a brief joint notice ordered by a Texas federal judge, a farmer and regulators agree that the U.S. Supreme Court decision overruling a deference doctrine does not necessitate rebriefing their pending motions for summary judgment and judgment on the administrative record in a crop insurance case.
July 24, 2024
CMS, HHS Seek Dismissal Of Guaranty Association’s MSP Suit Against Them

RALEIGH, N.C. — The U.S. Department of Health and Human Services (DHHS), its secretary and the Centers for Medicare and Medicaid Services (CMS) on July 23 filed a brief in North Carolina federal court supporting summary judgment and dismissal of the North Carolina Insurance Guaranty Association’s (NCIGA) suit against them, arguing that the secretary correctly found that NCIGA, as a primary plan under the federal Medicare Secondary Payer (MSP) statute, must reimburse CMS for a workers’ compensation claim involving an insolvent insurer.
July 23, 2024
Insureds: Insurers’ ‘Greed’ Put ‘Selfish Profits’ Ahead Of Maui Wildfire Victims

MAUI, Hawaii — Insureds sued their insurers for bad faith in a Hawaii court, alleging that the insurers’ subrogation lawsuit seeking to recover compensation for the payments that they made to victims of the Aug. 8, 2023, Maui wildfires is “unfair, inequitable, and unlawful” because they “seek to take money away from their premium-paying insureds who are the real victims of the Maui Wildfires without showing that these victims have been fully compensated.”
July 19, 2024
Insureds File Contempt Motion In Hurricane Coverage Row With Guaranty Association

LAKE CHARLES, La. — Insureds whose rental property purportedly incurred hurricane damage filed a contempt motion in Louisiana federal court against an independent adjustor for its failure to respond to a subpoena in their hurricane coverage dispute with the Louisiana Insurance Guaranty Association (LIGA), which was substituted for their now-insolvent insurer.
July 19, 2024
Insurer Disputes D&O Coverage For Fraudulent Inducement Lawsuit

CHICAGO — An insurer filed suit in an Illinois federal court, seeking a declaration that it has no duty to defend or indemnify against an underlying lawsuit alleging that a seller and its venture capital sponsor defrauded buyers into purchasing the company SwervePay LLC.
July 18, 2024
Dismissal Bid Disputed In Breach Of Contract Case Against Reinsurance Broker

DALLAS — In dismissal filings in Texas federal court, parties in a breach of contract suit over losses associated with the collapse of Vesttoo Ltd. are disputing what the contract at issue required a reinsurance broker to do and whether two non-parties are necessary entities for the case.
July 18, 2024
Insurers, Hotel Settle Coverage Dispute Arising From Secret Recording Of Guest

ATLANTA — A hotel insured and its insurers filed a notice in a Georgia federal court indicating that they have reached a resolution of coverage dispute arising from an underlying negligence, premises and vicarious liability lawsuit alleging that the insured’s employee secretly recorded a hotel guest while she was showering.
July 17, 2024
Parties In Reinsurance Row Dispute Proper Service For China-Based Defendants

DES MOINES, Iowa — Service of process on China-based defendants is the focus of the latest dismissal filings in Iowa federal court in a dispute over reinsurance reimbursement, with the defendants and two members of the GuideOne family of insurance companies taking opposing positions regarding whether Iowa courts have embraced the “closely related party doctrine.”
July 16, 2024
General Contractor Appeals No Coverage Ruling In Suit Over Faulty Stucco Claims

CHARLESTON, S.C. — A general contractor filed a notice in a South Carolina federal court indicating that it is seeking the Fourth Circuit U.S. Court of Appeals’ review of the court’s finding that an insurer owed no coverage for damages caused after stormwater seeped through faulty stucco because the damage is not the result of an “occurrence” under the terms of the policy.
July 16, 2024
Insured Seeks 9th Circuit Review Of Coverage Dispute Over Substandard Work Claims

SANTA ANA, Calif. —An insured has asked the Ninth Circuit U.S. Court of Appeals to review a California federal judge’s grant of a commercial general liability insurer’s motion for judgment on the pleadings in the insurer’s declaratory judgment lawsuit disputing coverage for an underlying action alleging that it did substandard work on a Los Angeles luxury apartment project before being fired and that it was liable for flooding damage to switchgear.
July 12, 2024
Clothing Boutique, Insurer Withdraw 2nd Circuit Appeal In Coronavirus Coverage Suit

NEW YORK — An insurer and its clothing boutique owner insured stipulated that the insured’s appeal in its breach of contract and declaratory judgment lawsuit seeking business interruption and property damage coverage for its losses arising from the COVID-19 pandemic and subsequent shutdown orders has been withdrawn with prejudice from the Second Circuit U.S. Court of Appeals.
July 11, 2024
Insured Sues Insurer For Bad Faith, Seeks Coverage For ‘Hidden Damage’ To Condos

SEATTLE — A condominium owners association sued its property insurer in a Washington federal court for breach of contract, bad faith and violations of the Washington Consumer Protection Act, seeking coverage for the cost of repairing “hidden damage” to its condominiums.
July 11, 2024
Insurer Seeks To Void Policy, Deny Fire Damage Coverage For Code Violation Fraud

LOS ANGELES — A commercial insurer sued its insured limited liability company in a California federal court, seeking rescission of the insured’s policy and a declaration that the insurer is not obligated to pay for fire damage to the property due to the insured’s material misrepresentations in the policy application regarding the absence of safety code violations and liens on the property when an investigation revealed otherwise.
July 10, 2024
Insurer Disputes Coverage For BIPA Suits Over Food Phone Orders Handled By AI

CHICAGO — A businessowners insurer filed suit in an Illinois federal court seeking a declaratory judgment that it owes no coverage for two underlying putative class action lawsuits alleging that its insured and two franchise restaurants violated the Illinois Biometric Information Privacy Act (BIPA) when they used the insured’s voice artificial intelligence technology to handle phone orders from customers.
July 10, 2024
Excess Insurer Dismissed From Professional Liability Coverage Suit In Delaware Court

WILMINGTON, Del. — Parties in a professional liability coverage dispute filed a stipulation to dismiss with prejudice all claims against one excess insurer in the insured’s breach of contract lawsuit seeking coverage for three underlying class action lawsuits alleging that it failed to disclose material information regarding the potential of future long-term care (LTC) insurance policy rate increases.
July 09, 2024
No Coverage Owed For Underlying Contamination Lawsuit, Insurer Says

HOUSTON — No coverage is owed to an insured for an underlying lawsuit alleging that the insured’s gas and oil operations caused ground and water contamination because the insured did not provide notice of the lawsuit until eight years after the lawsuit was filed and after the insured agreed to settle the underlying suit, an insurer says in its complaint filed in Texas federal court.
July 09, 2024
4th Circuit Review Sought In Suit Challenging Lender’s Charge Of Insurance Premiums

RICHMOND, Va. — A plaintiff in a putative class action challenging a mortgage lender’s charge and collection of the insurance premiums asked the Fourth Circuit U.S. Court of Appeals to review a Maryland federal court’s finding that the lender did not violate the Credit Grantor Closed End Credit Provisions (CLEC) by receiving a commission from a third-party insurer because the CLEC is inapplicable to the lender’s receipt of a commission.
July 08, 2024
Insureds Say 9th Circuit Should Affirm Coverage Opinion In Pollution Suit

SAN FRANCISCO — A district court correctly found that an insurer owes coverage for an underlying environmental contamination lawsuit because the insureds met their burden of proving that the underlying lawsuit alleges a potential for coverage under the policies at issue, the insureds maintain in an appellee brief filed in the Ninth Circuit U.S. Court of Appeals.