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Mealey's Insurance Pleadings

  • February 20, 2026

    Insurer Urges 9th Circuit To Affirm Amended Judgment In Damages Coverage Row

    SAN FRANCISCO — In its second brief on cross-appeal, a subcontractor’s insurer argues that the Ninth Circuit U.S. Court of Appeals should affirm a lower court’s amended judgment in its favor, saying it did not have a duty to defend the subcontractor in the insurer’s equitable contribution and equitable indemnification suit arising from construction defect-related damages to a hotel that the general contractor and subcontractor were building.

  • February 20, 2026

    Judge Strikes Motions For Reconsideration In Water Damage Coverage Dispute

    LOS ANGELES — A federal judge in California issued docket-only orders striking a contractor’s commercial general liability insurer’s motions asking the judge to reconsider his grant of summary judgment to developers on their declaratory judgment and breach of contract claims against the insurer.

  • February 20, 2026

    Insurer Urges 9th Circuit To Affirm Amended Judgment In Damages Coverage Row

    SAN FRANCISCO — In its second brief on cross-appeal, a subcontractor’s insurer argues that the Ninth Circuit U.S. Court of Appeals should affirm a lower court’s amended judgment in its favor, arguing that it did not have a duty to defend the subcontractor in the insurer’s equitable contribution and equitable indemnification suit arising from construction defect-related damages to a hotel the general contractor and subcontractor were constructing.

  • February 20, 2026

    Insurer’s Partial Payment For Storm Damage Was Arbitrary, Capricious, Insureds Say

    AUSTIN, Texas — A homeowners insurer’s failure to promptly and adequately pay its insureds for the full value of their claim for damages to their home caused by a hail and windstorm was arbitrary and capricious, the insureds maintain in a complaint filed in Texas federal court.

  • February 18, 2026

    Crop Insurer Sues Ex-Employee Over Alleged Misuse Of Confidential Information

    OMAHA, Neb. — A crop insurer asserted claims in a Nebraska federal court for breach of contract and misappropriation of confidential information, alleging that a former employee violated a two-year postemployment nonsolicitation agreement by soliciting customers with whom he had prior business dealings and improperly using proprietary business information after starting his own crop insurance company.

  • February 18, 2026

    Contractor: Judge Wrong To Find Current Owner Didn’t Waive Subrogation Rights

    BOISE, Idaho — A general contractor asked a federal judge in Idaho to reconsider an order denying the contractor’s motion for summary judgment in a case brought by the insurer of the current owner of an apartment building after a fire-suppression water line froze and burst, arguing that the judge’s interpretation of provisions of the general contractor agreement and application of the economic loss doctrine were in error.

  • February 18, 2026

    Insurers: Judge Should Not Reconsider Finding Subcontractor Not Covered

    LAS VEGAS — Two insurers filed briefs opposing a subcontractor’s motion asking a federal judge in Nevada to reconsider the judge’s grant of summary judgment in favor of one insurer and partial grant of summary judgment in favor of another insurer in the subcontractor’s action against them; both insurers argue that the judge did not err in issuing the order and that the subcontractor’s arguments could have been raised in its opposition to the insurers’ motions for summary judgment.

  • February 17, 2026

    Insureds File Suit, Seek Additional Coverage For Asbestos Contamination

    DENVER — A homeowners insurer breached its contract and acted in bad faith by relying on a policy’s pollution exclusion to deny coverage for personal property damaged by asbestos fibers dispersed during efforts to put out a fire at an insured home, the insureds contend in a complaint filed in Colorado federal court.

  • February 13, 2026

    Insurer Argues Damages Calculation In Water Damage Coverage Dispute Was Wrong

    LOS ANGELES — A contractor’s commercial general liability insurer asked a federal judge in California to reconsider the judge’s grant of summary judgment to developers on their declaratory judgment and breach of contract claims against the insurer, arguing that the calculation of damages the judge found the insurer owed to the developers was wrong and that the judge failed to properly address arguments raised in the insurer’s opposition.

  • February 11, 2026

    Insurers Take Challenge Of FCR In Asbestos Debtor’s Case To 4th Circuit

    ALEXANDRIA, Va. — Two insurers of Chapter 11 debtor Hopeman Brothers Inc. on Feb. 10 appealed a Virginia federal judge’s ruling that they do not have bankruptcy appellate standing to challenge a bankruptcy court’s appointment of a legal representative for future asbestos claimants in the debtor’s case.

  • February 11, 2026

    Auto Dealers Claim That Reinsurance Arrangement Included Undisclosed Charges

    SIOUX FALLS, S.D. — A group of vehicle dealerships allege in a South Dakota federal court complaint that they were induced to enter into a reinsurance arrangement marketed as a cost-saving mechanism to vehicle service contracts (VSCs) under which they were charged undisclosed and unauthorized fees across several years, culminating in more than $700,000 in overcharges.

  • February 10, 2026

    Disability Determination, Other Issues Briefed Before 6th Circuit In Benefits Case

    CINCINNATI — Arguing in part that the claimant’s “proven ability to work coupled with the improvement documented by her own treating providers” was sufficient to show that she was not totally disabled under the terms of the long-term disability (LTD) plan, appellants urged the Sixth Circuit U.S. Court of Appeals to affirm denial of benefits for a project director who stopped working because of symptoms she attributed to long COVID.

  • February 10, 2026

    Auto Insurer Disputes Coverage For Wrongful Death Suit Against Delivery Driver

    SEATTLE — A commercial automobile insurer filed suit in a Washington federal court seeking a declaration that it has no duty to defend or indemnify for an underlying wrongful death lawsuit alleging that its insured fatally shot a man while he was driving his vehicle as a paid delivery driver, asserting that the underlying action fails to allege any claim for damages “resulting from the ownership, maintenance or use” of the insured’s automobile as required by the policy and Washington law.

  • February 09, 2026

    Investment Firm Sues Partner Over Alleged Break-Up Fee Default

    LOS ANGELES — An investment fund alleges in a California federal court that its foreign investment partner and a shared reinsurance subsidiary breached a memorandum of understanding (MOU) resolving more than $10 million in disputed financing obligations by failing to pay $1.5 million of a negotiated break-up fee by the December 2025 contractual deadline after making only partial installment payments.

  • February 06, 2026

    Nursing Home Seeks Full Professional Liability Limits For ‘Killer Nurse’ Suits

    PITTSBURGH — A nursing home insured sued its insurer in a Pennsylvania federal court seeking a declaration that its full professional liability coverage is owed for underlying lawsuits arising from the alleged murder of six patients by a nursing home employee who pleaded guilty to three counts of first-degree murder and 19 counts of criminal attempt to commit murder, arguing that the insurer unreasonably determined that the underlying actions constitute Medical Care Availability and Reduction of Error (MCARE) claims, which reduces the available coverage from $1 million per claim and $3 million in the aggregate to $500,000 per claim and $1.5 million in the aggregate.

  • February 05, 2026

    Insured Files Appeal, Says Coverage Owed Under Professional Liability Policy

    EL PASO, Texas — A trial court erred in granting summary judgment in favor of a professional liability insurer because an underlying suit filed against an insured attorney contains potentially covered claims, the insured says in an appellant brief filed in the Eighth Texas Court of Appeals.

  • February 04, 2026

    IRS Maintains That Captive Final Rule Was Based On Data And Prior Litigation

    DALLAS — Stating that “micro-captives can and have been used repeatedly for tax avoidance,” the Internal Revenue Service moved for summary judgment in a tax firm’s challenge to a final rule on microcaptive insurance arrangements, asserting that the factors used in identifying potential avoidance schemes were based on data and prior litigation and that the tax firm conflates disclosure requirements with disallowance.

  • February 03, 2026

    Parties File Summary Judgment Cross-Motions In Reinsurance Policy Dispute

    TRENTON, N.J. — A commercial auto insurer and a joint insurance fund filed cross-motions for summary judgment in a New Jersey federal court in a dispute stemming from a multimillion dollar settlement of a personal injury lawsuit involving a municipally owned ambulance, with the insurer arguing that policy language places primary responsibility on the insurance fund and the insurance fund contending that state law requires exhaustion of commercial coverage first.

  • February 03, 2026

    Confirmation Of Arbitration Award Sought After Reinsurance Contract Violation

    OKLAHOMA CITY — An insurer requests an order in an Oklahoma federal court confirming an arbitration award that directs a California-based corporation to post nearly $15 million in collateral after an arbitration panel determined that the corporation failed to comply with an obligation set forth in a quota share reinsurance agreement (QSRA) between the parties to provide reinsurance security.

  • February 03, 2026

    Insurer Says Pollution Exclusion Bars Coverage For Carbon Monoxide Poisoning Suit

    EL PASO, Texas — A commercial general liability insurer filed suit in Texas federal court, seeking a declaration that it does not have any duty to defend or indemnify its insureds in an underlying suit stemming from carbon monoxide poisoning at an insured motel because the policy’s pollution exclusion bars coverage.

  • February 02, 2026

    Insurer Says No Defense, Indemnity Owed For Suits Arising From Fatal Shootings

    SAN FRANCISCO — An insurer filed suit in a California federal court seeking a declaration that it has no duty to defend or indemnify its insureds against underlying actions arising from a fatal shooting spree, arguing that the purported shootings and resulting injuries occurred at or arose from operations at a location that is not listed as a described insured premises in the businessowners insurance policy and that the commercial umbrella insurance policy’s abuse and molestation exclusion bars coverage.

  • February 02, 2026

    11th Circuit Asked To Rehear No Coverage Ruling For $10M Invasion Of Privacy Verdict

    ATLANTA — A minor, by and through her parent, filed a petition asking the 11th Circuit U.S. Court of Appeals to reconsider its holding that a 58-month delay in notifying an umbrella insurer of underlying conduct that could have triggered coverage was untimely as a matter law, challenging the appeals court’s ruling that affirmed a lower federal court’s grant of summary judgment in favor of the insurer in a direct action lawsuit seeking a $10 million judgment in the underlying invasion of privacy action.

  • January 30, 2026

    Defendants Seek Dismissal Of Federal Crop Insurance Suit Alleging Program Fraud

    RALEIGH, N.C. —  An agricultural operator and several of his family members moved in a North Carolina federal court to dismiss a False Claims Act (FCA) suit alleging a coordinated scheme to defraud federally reinsured crop insurance programs through straw producers, yield shifting and misreported acreage, arguing that the government failed to plead with particularity the submission of any false claims for payment, improperly treated eligibility and insurance documents as actionable claims, asserted time-barred causes of action and did not adequately allege individualized participation supporting liability.

  • January 30, 2026

    Insurance Firms Sue Ex-Executive, Engineers Over Reinsurance Trade Secrets

    WILMINGTON, Del. — A group of insurance technology companies filed a complaint in a Delaware state court accusing former executives and engineers of misappropriating trade secrets, breaching fiduciary duties and contracts and conspiring with a program manager to launch a reinsurance and captive insurance company using confidential regulatory, program structure and market strategy information obtained during their employment.

  • January 29, 2026

    PHL Policyholders Move For Emergency Intervention Following Liquidation Notice

    WATERBURY, Conn. — A group of over-the-cap universal life insurance policyholders (UL policyholders) filed an emergency motion in a Connecticut state court to intervene in the rehabilitation of PHL Variable Insurance Co., arguing that they were required to continue paying premiums in reliance on repeated assurances of a forthcoming rehabilitation plan before the rehabilitator reported that liquidation was necessary, leaving their policies subject only to guaranty association limits.