Mealey's Insurance Pleadings

  • May 19, 2026

    Insured Seeks To Stay Silica Coverage Suit Until Underlying Suits Are Resolved

    LOS ANGELES — An insured filed a motion to stay its silica coverage suit pending in California federal court until the underlying silica bodily injury suits are resolved, noting that a stay would prevent the insured from having to litigate on two fronts.

  • May 19, 2026

    Insurer Moves To Stay Contamination Coverage Suit Until State Court Issues Ruling

    SEATTLE — An insurer says an insured’s suit seeking coverage for environmental contamination at a gas station formerly operated by the insured should be stayed until a trial court issues a ruling on a motion to confirm the intended scope of relief because the state trial court’s ruling can help guide the disposition of the insured’s federal court suit.

  • May 15, 2026

    Operators Of Denny’s Franchises Seek CGL Coverage For Settlement Of Labor Suit

    SEATTLE — The operators of three Denny’s franchises and their executive officer and director sued their primary and excess commercial general liability insurers in a Washington federal court for breach of contract, bad faith, declaratory relief and violations of Washington’s Insurance Fair Conduct Act and Consumer Protection Act, alleging that they had to fund the defense and $425,000 resolution of an underlying wage-and-hour class action after the insurers walked away from the mediation.

  • May 15, 2026

    Reinsurer Disputes Billing On $31M Environmental Pollution Guaranty Settlement

    CLEVELAND — A reinsurer seeks a declaration in an Ohio federal court that it has no obligation under facultative reinsurance certificates to reimburse an insurer for a $31 million guaranty settlement paid in an environmental coverage dispute over remediation costs at a Kentucky aerospace manufacturing site.

  • May 15, 2026

    Cosmetic Company, Insurer Conditionally Settle Consumer Fraud Coverage Dispute

    LOS ANGELES — A cosmetic company insured and its commercial general liability insurer told a California federal court that they have reached a conditional settlement of 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.”

  • May 13, 2026

    Food Processor Appeals Confirmation Of Reinsurance Arbitration Award

    NEW YORK — A food-processing company filed a notice of appeal in a New York federal court, appealing to the Second Circuit U.S. Court of Appeals the New York court’s denial of its petition to vacate a confidential reinsurance arbitration award and grant of a reinsurer’s cross-motion to confirm the award in a dispute arising from a fire at a poultry rendering facility in Alabama.

  • May 12, 2026

    Panel’s Ruling Conflicts With Prior Decision In Contamination Dispute, Insurer Says

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals should grant a petition for panel or en banc rehearing in a dispute over coverage for environmental contamination remediation costs because the panel’s finding that an annual aggregate limit provision in the umbrella liability insurer’s policies is ambiguous conflicts with a prior decision issued by the Ninth Circuit, the insurer says in its petition.

  • May 11, 2026

    Interlocutory Appeal In Silica Exposure Coverage Suit Warranted, Insurers Say

    LOS ANGELES — An interlocutory appeal is warranted in a silica exposure coverage suit because a California federal judge’s order denying a motion for judgment on the pleadings filed by the insurers involves questions of law regarding the scope and application of silica exclusions in the insurers’ policies, the insurers say in a motion for certification of interlocutory appeal.

  • May 08, 2026

    Assignee’s Bad Faith Lawsuit Over $3.2M Consent Judgment Will Proceed To Mediation

    WEST PALM BEACH, Fla. — The assignee of a stable owner insured notified a Florida federal court that its recently reopened bad faith lawsuit seeking to recover from an insurer a $3.2 million consent judgment arising from the settlement of an underlying fraud action will proceed to mediation later this year.

  • May 08, 2026

    Reinsurer Argues That Related Arbitration Rulings Undercut Vacatur Petition

    NEW YORK — A reinsurer filed a notice of supplemental authority urging a New York federal court to confirm two arbitration awards and reject an intergovernmental risk pool’s Federal Arbitration Act (FAA) vacatur challenge, arguing that recent reinsurance arbitration rulings involving comparable arbitration provisions held that arbitral reliance on insurance and reinsurance custom and practice, rather than rules of law, does not establish a basis for vacatur.

  • May 08, 2026

    Insurers Say Pollution Exclusion Bars Coverage For Contamination Suit

    PITTSBURGH — No coverage is owed to an insured for an underlying environmental contamination suit filed against it because the underlying claims are barred by the pollution exclusion included in primary and excess policies, the insurers maintain in a complaint filed in Pennsylvania federal court.

  • May 08, 2026

    Pollution Exclusion Bars Coverage For Violation Notice, Insurers Say In Complaint

    CHICAGO — No coverage is owed under primary and umbrella policies for a state environmental agency’s notice of violation because the policies’ pollution exclusion bars coverage, two insurers say in a complaint filed in Illinois federal court.

  • May 06, 2026

    California Department Of Insurance Accuses Insurer Of 432 Claims Handling Violations

    OAKLAND, Calif. — The California Department of Insurance accused an insurer of 432 violations following an examination and investigation into its handling of claims arising from the Eaton and Palisades fires in Los Angeles County and ordered the insurer to show cause why it should not have to pay a monetary penalty under California Insurance Code Section 790.035 for its unfair claims settlement practices.

  • May 06, 2026

    Ex-Executives, Engineers Seek Dismissal In Reinsurance Trade Secrets Dispute

    WILMINGTON, Del. — Former executives and engineers of a group of insurance technology companies moved to dismiss a Delaware state court complaint, arguing that their former employers’ claims arising from allegations that they used confidential information to launch a competing reinsurance venture should be rejected for lack of personal jurisdiction, improper venue and failure to state a claim.

  • May 05, 2026

    U.S. Expresses Interest In California Homeowners’ Antitrust Suit Against Insurers

    LOS ANGELES — The United States of America filed a statement of interest in a lawsuit filed by California homeowners affected by the Los Angeles wildfires against their insurers for violations of the state’s Cartwright Act and unfair competition law (UCL), negligence and fraud, noting that although the action asserts only state competition law claims, the United States has a strong interest because the alleged conduct by the insurers “presents a serious concern under the federal antitrust laws.”

  • May 05, 2026

    Appeal Filed After Lower Court Upholds IRS ‘Transactions Of Interest’ Rule

    NEW ORLEANS — A plastics manufacturer, a captive insurer and a microcaptive manager on May 4 appealed to the Fifth Circuit U.S. Court of Appeals a Texas federal judge’s partial summary judgment ruling in their challenge to an IRS microcaptive disclosure rule, contesting the lower court’s determination that the agency acted within its statutory authority to require disclosure of potentially tax-avoidant transactions.

  • May 05, 2026

    Insureds Seek Coverage For Nestlé Purina Petcare’s Suit Over Defective Materials

    CHARLOTTE, N.C. — A company and its subsidiary sued their primary and excess insurers in a North Carolina federal court, seeking a declaration that the insurers have a duty to defend and indemnify them against Nestlé Purina Petcare Co.’s underlying claim alleging that the subsidiary supplied defective compressed air piping materials for Nestlé’s new manufacturing and distribution facility.

  • April 30, 2026

    Plaintiff Says It Was Unaware Properties Not Insured Before $1.1M Hurricane Damage

    AUGUSTA, Ga. — A real estate investment company sued its insurance broker in a Georgia federal court for breach of contract, estoppel, negligence and breach of fiduciary duty, alleging that the broker failed to obtain insurance coverage for 11 of its rental properties that incurred $1.1 million in damages caused by Hurricane Helene.

  • April 29, 2026

    Farming Partnership Sues USDA Over Crop Insurance Noncompliance Denial

    SIOUX FALLS, S.D. — A farming partnership filed suit in a South Dakota federal court seeking judicial review of a determination by the U.S. Department of Agriculture’s Risk Management Agency (RMA) denying a requested noncompliance finding under federal crop insurance regulations, alleging that the agency’s decision improperly blocked its ability to pursue extra-contractual damages against its insurer and agents in connection with a disputed 2017 Whole Farm Revenue Protection (WFRP) claim.

  • April 29, 2026

    Insurer Claims Guaranty Breach After Companies Default On Reinsurance Obligations

    LOS ANGELES — An insurer alleges in a California federal court that multiple companies breached guaranty agreements by failing to reimburse more than $5 million owed under a 2019 reinsurance agreement after a reinsurer defaulted and failed to indemnify the insurer.

  • April 28, 2026

    Insured Mischaracterizes Dispute In Silica Suit, Insurer Tells Calif. Federal Court

    LOS ANGELES — An insurer maintains that reconsideration of a California federal judge’s finding that the insurer has a duty to defend its insured for underlying silica bodily injury suits is necessary because the judge failed to consider the total pollution exclusion in the insurer’s policies under the most recent and applicable California authority.

  • April 28, 2026

    Court Properly Interpreted Noncumulation Clause, Insured Says In Opposition Brief

    PITTSBURGH — An insurer’s motion for reconsideration of a Pennsylvania federal judge’s ruling regarding the available limits of an insurer’s policies for underlying asbestos claims must be denied because the insurer failed to show that there was any manifest error of law or fact and because the judge properly interpreted a noncumulation clause, an insured says in response to the insurer’s motion.

  • April 28, 2026

    Watchdog Group Claims Calif. FAIR Plan Pass-Throughs Shift Costs To Policyholders

    LOS ANGELES — Arguing that two regulatory bulletins unlawfully authorize insurers to shift California FAIR Plan assessment costs onto policyholders, a consumer research and advocacy organization contends in a California state court that the pass-through structure effectuated by the bulletins conflicts with the governing proportional-sharing mandate and cannot be sustained under the state’s insurance ratemaking framework.

  • April 27, 2026

    Reinsurer: Claims Handler Dispute Not Justiciable, Must Be Arbitrated

    DETROIT — A reinsurer and a claims handler argue in a supplemental brief filed in Michigan federal court that a captive insurer’s claims against the nonparty claims handler in a dispute over coverage for Legionnaires’ disease claims under a reinsurance agreement fail because the complaint alleges no duty, breach or concrete injury sufficient to establish a justiciable controversy and, in any event, concern issues arising out of the agreement that must be resolved in a pending arbitration.

  • April 27, 2026

    Pharmaceutical Company Sued For Antitrust Appeals No D&O Coverage Ruling

    GREENBELT, Md.— A pharmaceutical company insured filed a notice appealing a Maryland federal court’s grant of a directors and officers liability insurer’s motion to dismiss its breach of contract and bad faith lawsuit seeking a declaration as to coverage for an underlying antitrust action arising from its acquisition of the rights to distribute a prescription medication used to treat mobility issues in people with advanced Parkinson's disease.