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Preview: LexisNexis® Mealey's™ Emerging Insurance Disputes Legal News

LexisNexis® Mealey's™ Emerging Insurance Disputes Legal News



Headline Emerging Insurance Disputes Legal News from LexisNexis®



 



Parties Were Properly Aligned In Coverage Dispute, 6th Circuit Affirms
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 15 affirmed a lower federal court's finding that parties were properly aligned in a dispute over whether additional coverage is owed to satisfy an underlying $3,736,278 judgment against an insured for breaching its duty to exercise ordinary care to maintain its common areas, affirming the lower court's reinstatement of its judgment in favor of the insurer (Evanston Insurance Co. v. Housing Authority of Somerset, et al., No. 16-6691, 6th Cir., 2017 U.S. App. LEXIS 15199).



Judge: Prior Knowledge Exclusion Bars Coverage For Negligence Suit Claim Attorney
MIAMI - A Florida federal judge on Aug. 9 held that a professional liability insurance policy's prior-knowledge exclusion relieves the insurer of its duty to defend and indemnify an underlying negligence lawsuit brought against its attorney insured (David R. Farbstein, P.A., et al. v. Westport Insurance Corporation, et al., No. 16-62361, S.D. Fla., 2017 U.S. Dist. LEXIS 125990).



Judge: Fact Issues Preclude Summary Judgment In Professional Liability Dispute
INDIANAPOLIS - Ruling on dueling summary judgment motions between a professional liability insurer and insureds who pleaded guilty to dealing in narcotic drugs, an Indiana federal judge on Aug. 9 found that "the existence of several genuine issues of material fact demonstrates the genuine need for a trial" (ProAssurance Indemnity Company Inc. v. Donald J. Wagoner, et al., No. 15-01389, S.D. Ind., 2017 U.S. Dist. LEXIS 125897).



Suit Constitutes 1 Claim Under Professional Liability Policy, 3rd Circuit Affirms
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 4 found that an underlying professional malpractice lawsuit against an attorney insured constitutes a single "claim" under a professional liability insurance policy, affirming a lower court's ruling that the insurer's contractual liability defense and indemnity is limited to $500,000 (Westport Insurance Corp. v. Peter G. Mylonas, et al., No. 16-3705, 3rd Cir., 2017 U.S. App. LEXIS 14356).



Trust Bank Seeks Lift Of Stay In Insurer's Receivership, Seeks Preliminary Injunction
BOISE, Idaho - A trust bank on Aug. 14 moved for an order in an Idaho federal court to lift a stay pending an insurer's receivership proceedings and for a preliminary injunction, arguing that the receiver has ignored a summary judgment ruling for more than two years and recommended that the insured take nothing (Idaho Trust Bank v. BancInsure Inc., et al., No. 12-00032, D. Idaho).



Rescission Of Professional Liability Policy Was Not Warranted, Insured Argues
HELENA, Mont. - A law firm insured and one of its attorneys have asked the Montana Supreme Court to find that a lower court erred in rescinding a professional liability insurance policy and declaring it void ab initio as to innocent insureds and innocent victims due to another insured's failure to disclose that he stole client money (ALPS Property & Casualty Insurance Co. v. McLean & McLean, PLLP, et al., No. DA 16-0739, Mont. Sup.).



Entrustment Exclusion Bars Coverage, Louisiana Panel Rules In Reversal
SHREVEPORT, La. - A Louisiana appeals panel on Aug. 9 held that a lower court erred in finding that an insurance policy's entrustment exclusion does not apply to bar coverage for an underlying dispute over a restaurant business, reversing the lower court's $40,177.11 award in favor of the insured (Thomas Christopher Ilgenfritz v. Canopius U.S. Insurance, No. 51,530-CA, La. App., 2nd Cir., 2017 La. App. LEXIS 1461).



Washington Panel Affirms No Coverage Ruling In Intentional Act Dispute
SEATTLE - A Washington appeals panel on Aug. 14 found that because an insured intentionally struck another person in the face several times and the harm of a broken jaw was reasonably foreseeable, there are no issues of material fact regarding whether the insured's act was intentional (State Farm Fire and Casualty Co. v. Nikolas Peters, No. 75705-9-I, Wash. App., Div. 1, 2017 Wash. App. LEXIS 1935).



Panel Affirms No Coverage For Vandalism Loss Committed Intentionally By Minors
RALEIGH, N.C. - A North Carolina appeals panel on Aug. 1 affirmed a lower court's ruling that the unambiguous language of a homeowners insurance policy intentionally omitted and specifically excluded coverage for damages that were caused by the intentional, malicious acts of minor insureds (Plum Properties LLC v. North Carolina Farm Bureau Mutual Insurance Co., Inc., et al., No. 16-1078, N.C. App., 2017 N.C. App. LEXIS 607).



Federal Judge Finds Insureds Are Entitled To $62.7M For Contaminated Heparin Suits
GREENBELT, Md. - A Maryland federal judge on Aug. 3 entered a $62.7 million judgment in favor of insureds seeking coverage for underlying product liability lawsuits involving contaminated heparin after determining that coverage clearly exists under the policies and that the insurers failed to prove that the insureds made a material misrepresentation that prejudiced the insurers (The Charter Oak Fire Insurance Co., et al. v. American Capital Ltd., et al., No. 09-0100, D. Md., 2017 U.S. Dist. LEXIS 122156).



Magistrate Rejects Retailer's Dispute With Insurer Under Forum-Selection Clause
PITTSBURGH - A Pennsylvania federal magistrate judge on July 28 recommended that Dick's Sporting Goods' lawsuit against an insurer be dismissed with the understanding that the Pennsylvania retailer can refile the lawsuit in the appropriate Chinese court under the policy's forum-selection clause (Dick's Sporting Goods, Inc. v. PICC Property and Casualty Company Limited, et al., No. 16-01635, W.D. Pa., 2017 U.S. Dist. LEXIS 119983).



Panel: Wrongful Conviction Suit Did Not Trigger Law Enforcement Liability Coverage
ELGIN, Ill. - An Illinois appeals panel on Aug. 1 affirmed a lower court's ruling that there is no coverage under primary and excess law enforcement liability insurance policies for an underlying wrongful conviction lawsuit that resulted in a $20 million settlement against the city of Waukegan, Ill., and its police officers (St. Paul Fire and Marine Insurance Co., et al. v. The City of Waukegan, et al., No. 2-16-0381, Ill. App., 2nd Dist., 2017 Ill. App. LEXIS 499).



Potential For Punitive Damages Creates Conflict Of Interest, Federal Judge Rules
BROOKLYN, N.Y. - A New York federal judge on Aug. 3 granted an insured's motion for partial summary judgment by declaring that it is entitled to independent counsel in an underlying trademark infringement lawsuit insofar as the underlying action involves claims for punitive damages, denying a commercial general liability insurer's motion to dismiss the insured's breach of contract suit (Med-Plus, Inc. v. American Casualty Company of Reading, PA, No. 16-2985, E.D. N.Y., 2017 U.S. Dist. LEXIS 123553).



Excess Insurer Fails To Show Sexual Abuse Exclusion Bars Coverage, Judge Rules
ST. PAUL, Minn. - A Minnesota federal judge on Aug. 4 granted a child care facility operator insured's motion for summary judgment in an excess insurer's lawsuit disputing coverage for an underlying $6,032,585 jury award that exhausted the primary insurer's policy limits (RSUI Indemnity Company v. New Horizon Kids Quest, Inc., No. 16-28, D. Minn., 2017 U.S. Dist. LEXIS 123492).



Judge: Agency Did Not Breach Contract In Dispute Over Hurricane Irene Damage
NEW HAVEN, Conn. - A Connecticut judge on June 12 found that an insured did not establish that an insurance agency failed to procure sufficient flood insurance for the insured's properties that were damaged by Hurricane Irene, affirming a lower court's ruling (Pine Orchard Yacht and Country Club, Inc. v. Sinclair Insurance Group Inc., No. 126032519, Conn. Super., New Haven Jud. Dist., 2017 Conn. Super. LEXIS 3615).



Policyholders Seek Right To Sue For Financial Elder Abuse Under Oregon Law
SALEM, Ore. - An insurer is not exempt from liability under Oregon state law for civil financial elder abuse, individuals who have purchased long-term care insurance policies from Bankers Life and Casualty Co. claim in a May 10 opening brief filed in the Oregon Supreme Court (Lorraine Bates, et al. v. Bankers Life and Casualty Company, et al., No. CA S064742, Ore. Sup.).



Parties In Real Estate Fraud Dispute Appeal No Coverage Ruling To 11th Circuit
ATLANTA - Parties in an underlying real estate fraud dispute recently asked the 11th Circuit U.S. Court of Appeals to reverse a lower federal court's ruling that commercial general liability insurers are not liable for any amount of a $40 million consent judgment entered against the insured (Attorney's Title Insurance Fund, et al. v. Travelers Indemnity Company of Connecticut, et al., No. 16-15386, 11th Cir.).



Panel Remands To Determine Whether Settlement In Distribution Dispute Was Covered
PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on Aug. 1 reversed and remanded a lower federal court's finding that three insurers have no duty to defend or indemnity their pesticide distributor insured against an underlying lawsuit and settlement arising from the insured's agreement to distribute tebuconazole products (Crum & Forster Specialty Insurance Co. v. Willowood USA LLC, et al., Nos. 14-35985 and 16-35222, 9th Cir., 2017 U.S. App. LEXIS 14022).



Complaint Fails To Trigger Advertising Injury Coverage, 5th Circuit Affirms
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 28 affirmed a lower court's finding that an underlying complaint against an insured failed to allege the use of another's "advertising idea," a trade dress claim or a claim for slogan infringement (Laney Chiropractic and Sports Therapy, P.A. v. Nationwide Mutual Insurance Co., 16-11183, 5th Cir., 2017 U.S. App. LEXIS 13748).



Insurer Has Duty To Defend Claims Arising From Patent Dispute, Panel Says, Reverses
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 28 reversed and remanded a lower court's ruling that an insurer has no duty to defend a road repair corporation insured against false representation, monopolization and unfair and deceptive trade practices counterclaims in an infringement dispute over a patent that protected a particular pavement-lifting process (Uretek Inc. v. Continental Casualty Co., No. 15-20104, 5th Cir., 2017 U.S. App. LEXIS 13707).



Legal Malpractice Claim Not Timely Reported, Wisconsin Panel Affirms
WAUSAU, Wis. - A Wisconsin appeals panel on July 25 affirmed a lower court's ruling that a legal malpractice claim against a law firm insured was not reported within a professional liability insurance policy's two-year extended reporting period (ERP) (Michael J. Sheffield v. Darwin National Assurance Company, et al., No. 2016AP846, Wis. App., Div. 3, 2017 Wisc. App. LEXIS 554).



Kentucky Panel Affirms Dismissal Of Third-Party Bad Faith Claim In Malpractice Suit
FRANKFORT, Ky. - A Kentucky appeals panel on July 21 affirmed a lower court's grant of summary judgment in favor of a professional liability insurer in a lawsuit alleging that the insurer breached its duty to deal in good faith with a third party who sued its doctor insured for medical malpractice (Deborah Lemaster v. Medical Protective Insurance Services, Inc., No. 2016-CA-000826, Ky. App., 2017 Ky. App. Unpub. LEXIS 534).



Federal Judge Enters $3.6M Judgment In Favor Of Professional Liability Insurer
GREENBELT, Md. - Following remand from the Fourth Circuit U.S. Court of Appeals, a Maryland federal judge on July 21 entered a $3,591,847.28 judgment plus post-judgment interest in favor of a professional liability insurer in its equitable contribution lawsuit arising from a medical malpractice claim (Interstate Fire and Casualty Co. v. Dimensions Assurance Ltd., No. 13-3908, D. Md., 2017 U.S. Dist. LEXIS 114221).



Insurer Seeks Default Judgment In Coverage Dispute Over Fraudulent Tax Returns
BLUEFIELD, W.Va. - A businessowners liability insurer on July 28 asked a West Virginia federal court to enter a default judgment against its insured in its declaratory judgment lawsuit challenging coverage for seven lawsuits alleging that the insured's employee filed fraudulent tax returns (Ohio Security Insurance Co. v. K R Enterprises, Inc., et al., No. 15-16264, S.D. W.Va.).



Federal Judge Substitutes Class Representative In Dispute Over Insurance Practices
JEFFERSON CITY, Mo. - A Missouri federal judge on July 24 granted an insured's motion to intervene as the representative of a class action alleging that a homeowners insurer committed breach of contract when it unlawfully applied a policy's $1,000 deductible to an actual cash value (ACV) payment in a hailstorm coverage dispute (Eric Lafollette v. Liberty Mutual Fire Insurance Co., No. 14-04147, W.D. Mo.; 2017 U.S. Dist. LEXIS 114779).



Federal Judge Rules On Summary Judgment Motions In Hailstorm Coverage Dispute
JEFFERSON CITY, Mo. - A Missouri federal judge on July 24 granted in part and denied in part summary judgment motions and amended class definitions in a dispute over whether a homeowners insurer should have applied a deductible to the actual cash value (ACV) payment it issued the insureds for their hail damage loss (David Bond, et al. v. Liberty Insurance Corp., No. 15-04236, W.D. Mo., 2017 U.S. Dist. LEXIS 114778).



Judge Certifies 2 Questions On Insurance Practices To Washington Supreme Court
SEATTLE - A Washington federal judge on July 10 granted an insured's motion to certify two questions to the Washington Supreme Court in a class action lawsuit challenging an insurer's practices (Brett Durant v. State Farm Mutual Automobile Insurance Co., No. 15-1710, W.D. Wash., 2017 U.S. Dist. LEXIS 106194).



Wire Transfer Theft Covered Under Computer Fraud Policy Clause, Judge Rules
NEW YORK - A firm's loss due to a fraudulent wire transfer scheme constituted computer fraud even though the thief used email spoofing rather than hacking into the company's system, a New York federal judge ruled July 21, finding that coverage for the multimillion dollar loss existed under the computer fraud provision of the company's executive protection insurance policy (Medidata Solutions Inc. v. Federal Insurance Co., No. 1:15-cv-00907, S.D. N.Y.).



Majority Affirms In Part, Vacates In Part Ruling In Suit Arising From Shooting
ANNAPOLIS, Md. - A majority of the Maryland Court of Special Appeals on July 27 affirmed a lower court's ruling that a commercial general liability insurer failed to establish that the policy's assault and battery exclusion barred coverage for an underlying shooting that injured a patron of the insured's restaurant, finding, however, that the judgment against the insurer should be reduced from $100,000 to $74,999.99 (White Pine Insurance Co. v. Howard R. Taylor, No. 493, September Term, 2016, Md. Spec. App., 2017 Md. App. LEXIS 758).



Panel: Insurer Has No Duty To Defend, Indemnify $7M Wrongful Death Judgment
SEATTLE - The Ninth Circuit U.S. Court of Appeals on July 26 affirmed a lower federal court's ruling that a homeowners insurer has no duty to defend or indemnify an underlying $7 million judgment awarded in a wrongful death lawsuit brought against the estate of its insured (Western National Assurance Co. v. Sally Wipf, et al., No. 15-35071, 9th Cir., 2017 U.S. App. LEXIS 13532).



Unsolicited Communication Exclusion Bars Coverage For TCPA Suit, Judge Rules
DENVER - A Colorado federal judge on July 26 granted a commercial general liability insurer's motion for partial summary judgment in its declaratory judgment lawsuit disputing coverage for an underlying claim that its insured violated the Telephone Consumer Protection Act (TCPA), further rejecting the insured's motion to certify eight questions to the Colorado Supreme Court (The Phoenix Insurance Co. v. Heska Corp., et al., D. Colo., 2017 U.S. Dist. LEXIS 117415).



Insurer Did Not Breach Contract By Failing To Pay $306,808 Post-Judgment Interest
DETROIT - A Michigan federal judge on July 20 granted a commercial excess insurer's motion for summary judgment in an insured's breach of contract lawsuit seeking to recover $306,808.46 in post-judgment interest that was awarded against the insured in an underlying product liability dispute (Key Safety Systems, Inc. v. AIG Specialty Insurance Co., No. 16-11974, E.D. Mich., 2017 U.S. Dist. LEXIS 112837).



Professional Services Exclusion Bars Coverage For Pipeline Explosion, Panel Says
SAN FRANCISCO - The First District California Court of Appeal on July 11 affirmed a trial court's judgment in favor of an excess insurer after finding that its policy's professional services exclusion bars coverage for underlying claims arising from a deadly pipeline explosion (Energy Insurance Mutual Limited v. Ace American Insurance Co., No. A140656, Calif. App., 1st Dist., Div. 4).



Panel: Professional Services Exclusion Bars Coverage For Suits Over Ponzi Scheme
ATLANTA - The 11th Circuit U.S. Court of Appeals on July 5 affirmed a lower federal court's finding that a professional services exclusion in both primary and excess executive organization liability insurance policies precludes coverage for underlying lawsuits arising from a Ponzi scheme (Herbert Stettin, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa, et al., No. 15-14716., 11th Cir., 2017 U.S. App. LEXIS 11972).



Excess Insurer Entitled To Recover $5M Settlement Payment, 9th Circuit Affirms
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 7 affirmed a lower federal court's finding that a software firm insured's former first-layer excess directors and officers liability insurer is entitled to recover the $5 million it paid to settle an underlying securities action plus prejudgment interest from the insured's latter first-layer excess directors and officers liability insurer (Genesis Insurance Co. v. Magma Design Automation Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 15-16999, 9th Cir., 2017 U.S. App. LEXIS 12194).



Panel: Employers Liability Exclusion Is Ambiguous; Insurer Owes Defense, Indemnity
NEW YORK - The Second Circuit U.S. Court of Appeals on July 10 affirmed a lower federal court's conclusion that a commercial general liability insurance policy's "Employers Liability Exclusion" is ambiguous as a matter of law, further finding that the insurer has a duty to both defend and indemnify its insured (Hastings Development LLC v. Evanston Insurance Co., Nos. 15-3816 and 15-4085, 2nd Cir., 2017 U.S. App. LEXIS 12225).



Federal Judge Dismisses Dispute Over FELA Claim After Parties Reach Settlement
EAST ST. LOUIS, Ill. - An Illinois federal judge has dismissed with prejudice a lawsuit arising from a railway company's losses incurred in an underlying lawsuit brought by a former employee under the Federal Employers Liability Act (FELA) after the parties announced that they reached a settlement (BNSF Ry. v. Gilster-Mary Lee Corp., et al., No. 15-250, S.D. Ill.).



Federal Bankruptcy Judge Strikes Foreign Specialty Reinsurer's $15M Bond
NEW YORK - A foreign specialty reinsurer must post a new $15 million bond as part of its attempt to arbitrate a coverage dispute in Bermuda, a New York federal bankruptcy judge ruled July 17, granting a defunct brokerage company's motion to strike the current bond as defective (In re: MF Global Holdings Ltd., et al., MF Global Holdings Ltd. as plan administrator, and MF Global Assigned Assets LLC v. Allied World Assurance Company Ltd., et al., Chapter 11 No. 11-15059, Adv. Proc. No. 16-01251, S.D. N.Y. Bkcy.).



Judge Retains Jurisdiction Over Coverage Suit Arising From Death At Haunted House
TULSA, Okla. - An Oklahoma federal judge on July 13 denied insureds' motion to dismiss a commercial general liability insurer's declaratory judgment lawsuit challenging coverage for an underlying fatal accident that occurred at a haunted house operated by the insureds, finding that it is appropriate to exercise jurisdiction (Mesa Underwriters Specialty Insurance Co. v. Victor R. Marquez, et al., No. 16-213, N.D. Okla., 2017 U.S. Dist. LEXIS 108638).



Court Failed To Properly Apply New Jersey's Omnibus Statute, CGL Insurer Argues
NEW YORK - A commercial general liability insurer has asked the Second Circuit U.S. Court of Appeals to reverse a lower federal court's ruling in favor of two business auto liability insurers in a dispute over coverage for an underlying fatal injury that occurred at a construction site (Employers Insurance Company of Wausau v. Harleysville Preferred Insurance Co., et al., 16-906, 2nd Cir.).



Panel: Alleged Misconduct Was Not Within Scope Of Police Officer's Employment
DETROIT - The Michigan Court of Appeals on July 11 determined that a municipal liability insurer has no duty to defend a police officer against an underlying federal civil rights lawsuit arising from the disappearance and death of the police officer's cousin, reversing a lower court (Timothy Matouk v Michigan Municipal League Liability & Property Pool, No. 332482, Mich. App., 2017 Mich. App. LEXIS 1106).



Judge: Insurer Is Entitled To Rescind Policy In Suit Over Fall From Infinity Pool
MISSOULA, Mont. - A Montana federal judge on July 10 held that an excess insurer has a right to rescind its insurance policy in a coverage dispute over a claim that the insureds' island property was maintained in a dangerous condition that resulted in a catastrophic fall off the edge of an infinity swimming pool (Mount Vernon Fire Insurance Co. v. Jack L. Gabelhausen, Jr., et al., No. 16-91, D. Mont., 2017 U.S. Dist. LEXIS 106125).



Rescission Lawsuit Is Not 'Exceptional' To Justify Abstention, 9th Circuit Rules
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 5 found that a lower court's grant of an insured's request for abstention under Colorado River Water Conservation District v. United States, 424 U.S. 800 (1979), was an abuse of its narrow discretion because the insurer's rescission lawsuit is not "exceptional" to warrant disregarding a federal court's obligation to exercise its jurisdiction (Seneca Insurance Co. Inc. v. Strange Land Inc., et al., No. 15-16011, 9th Cir., 2017 U.S. App. LEXIS 11946).



5th Circuit Affirms Judgment In Favor Of Insurer, Government In Hurricane Ike Suit
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 5 affirmed a lower federal court's ruling in favor of an insurer and the United States of America in a lawsuit arising from the insurer's cancellation of a federal flood insurance policy following Hurricane Ike (Robert Spong, et al. v. Fidelity National Property and Casualty Insurance Company, et al., No. 16- 41165, 5th Cir., 2017 U.S. App. LEXIS 12008).



Judge: Ambiguity Exists As To 'Premises Leased' In Suit Over Zip-Lining Accident
JEFFERSON CITY, Mo. - A Missouri federal judge on July 5 granted in part and denied in part an insurer's motion for summary judgment in a coverage dispute arising from a zip-lining accident (Great American Alliance Insurance Co. v. Windermere Baptist Conference Center, Inc., et al., No. 16-04046, W.D. Mo., 2017 U.S. Dist. LEXIS 103148).



Exclusion Does Not Bar Coverage Of Personal Injury Suit, New York Panel Affirms
ROCHESTER, N.Y. - A New York appellate panel majority on June 30 affirmed a lower court's denial of an insurer's motion for summary judgment in a coverage dispute arising from an underlying personal injury action (Erie Insurance Exchange v. J.M. Pereira & Sons, Inc., et al., No. 206 CA 16-00324, N.Y. Sup., App. Div., 4th Dept., 2017 N.Y. App. Div. LEXIS 5409).



Judge: Complaint Fails To Allege Trade Dress Infringement Occurred In Advertising
PORTLAND, Ore. - An Oregon federal magistrate judge on June 29 held that a pizza company's underlying complaint against a convenience store operator insured failed to trigger advertising injury coverage, finding that coverage is further barred by two policy exclusions (Hattenhauer Distributing Co. v. Nationwide Agribusiness Insurance Co., No. 16-1703, D. Ore., 2017 U.S. Dist. LEXIS 101107).



Federal Judge Dismisses Suit Seeking Rescission Of Products Liability Insurance
SAN FRANCISCO - A federal judge on June 13 dismissed a rescission lawsuit after the primary products liability insurer and the manufacturer of the da Vinci Surgical System announced that they have reached a settlement (Illinois Union Insurance Co., et al. v. Intuitive Surgical Inc., No. 13-04863, N.D. Calif.).



Parties Ask Federal Court To Dismiss Their Professional Liability Coverage Dispute
TULSA, Okla. - A professional liability insurer and its insured on July 13 filed a stipulation of dismissal of the insured's breach of contract and bad faith lawsuit prompted by an underlying dispute between the insured and a former business partner (Doug Schwegman, d/b/a Schwegman Insurance and Financial Services v. Continental Casualty Co., No. 16-0730, N.D. Okla.).



Insured Asks 9th Circuit To Find Loss Of Boats Was Due To Theft And Not Scheme
SAN FRANCISCO - A boat business insured has asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court's finding that an insurer did not breach an all-risk policy in bad faith by denying coverage for its theft claim (Pacific Marine Center, Inc. v. Philadelphia Indemnity Insurance Co., No. 17-15897, 9th Cir.).



Insuring The Sharing Economy and FINTECH: The Exposures And Related Coverage Issues, Where Things Now Stand And Where They May Be Heading
By Todd D. Kremin and Peter J. Biging (Complete version of commentary with images available. Document #13-170721-199X.) Introduction