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Preview: LexisNexis® Mealey's™ Insurance Pleadings Legal News

LexisNexis® Mealey's™ Insurance Pleadings Legal News

Headline Insurance Pleadings Legal News from LexisNexis®


Injured Party: Insurer Can't Deny Coverage Under Unlicensed Operator Exclusion
PHILADELPHIA - Where a licensed owner of a vehicle and an unlicensed operator are both liable for an accident caused by the unlicensed operator, the owner's insurer can't fully disclaim coverage based on its unlicensed operator exclusion, an injured party claims in his appellant brief filed Feb. 7 in the Third Circuit U.S. Court of Appeals (Richard Duncan v. Omni Insurance Company, No. 16-3834, 3rd Cir.).

Woman Says Her Contract Claim Against Insurer Is Not Precluded
BOSTON - A Massachusetts woman argues that she has a legitimate right to withdraw from an annuity contract she entered with an insurance company, and she contends that the First Circuit U.S. Court of Appeals should reverse a lower court's decision that dismissed her claim against the insurer because issue preclusion does not apply (Yana Edquist v. Jackson National Life Insurance Co., No. 16-2056, 1st Cir.).

Parties Argue In 7th Circuit Over Policy Coverage For Urea Use Settlement
CHICAGO - Former owners of a whey products company and an insurer that provided insurance coverage for the sale of the company recently submitted their arguments before the Seventh Circuit U.S. Court of Appeals as to whether a district court properly granted summary judgment for an insurer in relation to coverage for the settlement of an underlying lawsuit that was threatened against them (Daniel Ratajczak v. Beazley Solutions Ltd., No. 16-3418, 7th Cir.).

Court Confused Reporting Requirement With Reporting Deadline, Insured Argues
CINCINNATI - A residential landlord insured has asked the Sixth Circuit U.S. Court of Appeals to reverse a lower federal court's ruling in favor of a tenant-discrimination liability insurer in a coverage dispute arising from a housing discrimination charge brought against the insured (GMS Management v. Evanston Ins. Co., No. 16-4018, 6th Cir.).

2 Appellants Tell Nevada Supreme Court That Each Is Due Attorney Fees
CARSON CITY, Nev. - Two women injured in a car accident on Feb. 7 asked the Nevada Supreme Court to rule that they are entitled to $3,000 each in attorney fees rather than $3,000 together in their underinsured motorist claim against Progressive Northern Insurance Co. (Angelica Rios, et al. v. Progressive Northern Insurance Company, No. 71225, Nev. Sup.).

Rescission Ends Coverage For Lead Paint Injuries, Insurer Says To 4th Circuit
RICHMOND, Va. - Having been rescinded, a commercial general liability insurance policy did not provide coverage for lead paint claims as a judgment creditor was not an intended beneficiary of the policies at the time of rescission, the insurer argues in a March 30 brief to the Fourth Circuit U.S. Court of Appeals (CX Reinsurance Co. Ltd. v. Brayon Loyal, No. 16-2180, 4th Cir.).

No Claim For Wrongful Act; No Coverage, Insurer Argues To Federal Court
TULSA, Okla. - An insurer recently argued to an Oklahoma federal court that an underlying breach of contract lawsuit brought against its insured by a former business partner fails to allege a wrongful act to trigger coverage under a professional liability insurance policy (Doug Schwegman, d/b/a Schwegman Insurance and Financial Services v. Continental Casualty Co., No. 16-0730, N.D. Okla.).

Reinsurer, Alleged Reinsured Argue Over What Constitutes Elements Of Agreement
PHILADELPHIA - A reinsurer and its alleged reinsured countered each other recently in a federal court in Pennsylvania over whether the alleged reinsured is incorrect in its assertions regarding a cession statement, which the reinsurer says is an essential element of the parties' reinsurance agreement (R&Q Reinsurance Company v. St. Paul Fire & Marine Insurance Company, No. 16-cv-01473, E.D. Pa.).

Insurer Intervenes In Suit Alleging Sexual Assault By Rutgers Football Player
TRENTON, N.J. - A homeowners insurer filed a declaratory judgment complaint in federal court in New Jersey on April 21 after intervening in a lawsuit alleging that two Rutgers University students, including one football player, sexually assault another student on campus (K.L. v. Rutgers, The State University of New Jersey, et al., No. 16-9270, D. N.J.).

Insurer Says Lower Court Erred By Finding Policy Exclusions Do Not Apply
ATLANTA - An insurer tells the 11th Circuit U.S. Court of Appeals in a Feb. 24 reply brief that its directors and officers liability policy does not cover wrongful acts by officers of a bank in receivership because the wrongful acts allegedly spring from earlier wrongful acts that were perpetrated before the policy coverage period (Certain Underwriters at Lloyd's, London v. Federal Deposit Insurance Corporation, et al., No. 16-16702, 11th Cir.).

Company Seeks Coverage For Damage To Transformer Caused When It Removed Parts
ST. LOUIS - Damage to the core of a transformer that occurred when Electric Power Systems International Inc. (EPS), the company charged with removing external parts for transport, attempted to remove one part is covered by EPS's insurance policy because the damage was incidental to EPS's work, EPS argues in March 13 reply brief filed in the Eighth Circuit U.S. Court of Appeals (Electric Power Systems International, Inc. v. Zurich American Insurance Company, No. 16-3927, 8th Cir.).

Insurer: 4th Circuit Should Reverse Workers' Compensation Coverage Benefits Ruling
RICHMOND, Va. - An insurer filed an appellant brief in the Fourth Circuit U.S. Court of Appeals on Dec. 16, arguing that the court should reverse the judgment of a district court because it lacked subject matter jurisdiction over an underlying workers' compensation case based on the West Virginia workers' compensation administrative system (Brickstreet Mutual Insurance Company v. Zurich American Insurance Company, No. 16-2204, 4th Cir.).

Court Erred In Finding Parties Were Properly Aligned, Appellants Argue To 6th Circuit
CINCINNATI - Appellants have asked the Sixth Circuit U.S. Court of Appeals to reverse 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 (Evanston Ins Co. v. Housing Authority of Somerset, 16-6691, 6th Cir.).

Appellant Seeks Reversal Of District Court's Dismissal Of Bad Faith Suit Against Insurer
PITTSBURGH - The Third Circuit U.S. Court of Appeals should reverse a district court's dismissal of a bad faith complaint because the district court improperly found that the plaintiff could not allege a claim of bad faith based on an insurer's conduct in a state court lawsuit, the plaintiff argues in a March 9 reply brief (Marc Homer v. Nationwide Mutual Insurance Co., No. 16-3686, 3rd Cir.).

Law Firm, Insurer Argue In 9th Circuit Whether 7 Suits Constitute 1 Claim
SAN FRANCISCO - In briefs filed before the Ninth Circuit U.S. Court of Appeals, a law firm and its former insurer dispute whether seven real estate investment fraud lawsuits brought against the firm should be considered one claim for coverage purposes under professional liability policies (Liberty Insurance Underwriters Inc. v. Davies Lemmis Raphaely Law Corp., et al., No. 16-55711, 9th Cir.).

Federal Law Does Not Apply To State Law Procurement Claims, Insureds Tell 5th Circuit
NEW ORLEANS - Insureds have asked the Fifth Circuit U.S. Court of Appeals to reverse 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 and Kerry Spong v. Fidelity National Property and Casualty Insurance Co., et al., No. 16-41165, 5th Cir.).

Reinsured Says It Is Not Its Burden To Show Reasons For Settling Asbestos Claims
NEW HAVEN, Conn. - An insurer told a federal court in Connecticut on March 20 that its reinsurer is putting requirements on it that are not universally accepted as necessary under the follow-the-settlements doctrine, thus bringing a summary judgment motion to the state of being fully briefed (Travelers Casualty and Surety Company, f/k/a The Aetna Casualty and Surety Company v. Century Indemnity Company as successor to Insurance Company of North America, No. 16-cv-00170, D. Conn.).

Insurers Sue Saudi Arabia Under Justice Against Sponsors Of Terrorism Act
NEW YORK - Insurers on March 23 filed a new complaint against Kingdom of Saudi Arabia and/or the Saudi High Commission for Relief of Bosnia & Herzegovina (SHC) in a federal district court, contending that facts and related evidence presented by victims of the Sept. 11, 2001, terrorist attacks have taken on additional significance as a result of the U.S. Congress' enactment of the Justice Against Sponsors of Terrorism Act (JASTA) this past September (Underwriters Inc., et al. v. Kingdom of Saudi Arabia, et al., No. 17-02129, S.D. N.Y.).

Insurer Files Complaint, Says No Coverage Owed For Underlying Asbestos Claims
CLEVELAND - No coverage is owed to an insured for thousands of underlying asbestos bodily injury claims because the coverage limits of the primary policies have not been fully exhausted, an excess insurer argues in a lawsuit filed April 5 in Ohio federal court against the insured (Berkshire Hathaway Specialty Insurance Co., f/k/a Stonewall Insurance Co. v. Goodyear Tire & Rubber Co., No. 17-714, N.D. Ohio).

Insured Says Court Did Not Review Evidence In Light Most Favorable To Insured
ATLANTA - An insured argues in a March 1 reply brief filed in the 11th Circuit U.S. Court of Appeals that a district court erred in granting summary judgment in favor of an insurer in a copyright infringement coverage suit because the district court did not review all of the evidence in a light most favorable to the insured (Highlands Holdings Inc. v. Mid-Continent Casualty Co., No. 16-14981, 11th Cir.).

Insured: Duty To Defend Exists Under Trade Dress, Slogan, Advertising Idea Coverage
NEW ORLEANS - An insured asked the Fifth Circuit U.S. Court of Appeals to find that an insurer's duty to defend it against an underlying lawsuit was triggered under an insurance policy's trade dress, slogan and advertising idea coverage (Laney Chiropractic and Sports Therapy, P.A. v. Nationwide Mutual Insurance Co., 16-11183, 5th Cir.).

Parties Debate Whether Insurer Acted In Bad Faith In Not Accepting Demand Letter
ATLANTA - Parties in an insurance bad faith lawsuit recently asked the 11th Circuit U.S. Court of Appeals to determine whether a federal district court erred in finding that an insurer acted in bad faith by not accepting the terms of claimants' time-limited demand letter seeking the policy limits under its insured's automobile insurance policy in exchange for a limited release of claims against the insured (Jesus Camacho, et al. v. Nationwide Mutual Insurance Co., No. 16-14225, 11th Cir.).

District Court Erred By Reducing Attorney Fees, Claimant Argues On Appeal
BOSTON - A disability claimant who successfully recovered benefits from a disability insurer argues in a Feb. 27 reply brief filed in the First Circuit U.S. Court of Appeals that a district court failed to promote the goal of making the claimant whole under the Employee Retirement Income Security Act (ERISA) when it limited the amount of prejudgment interest and reduced the amount of attorney fees the claimant could collect from the insurer (Diahann L. Gross v. Sun Life Assurance Company of Canada, Nos. 16-2002, 16-1958, 1st Cir.).

Woman Alleges Bad Faith Against Insurer, Tells 4th Circuit Dismissal Improper
RICHMOND, Va. - A woman who contends that her insurer breached its contract when it refused to pay benefits pursuant to her underinsured motorist coverage policy filed a brief in the Fourth Circuit U.S. Court of Appeals, arguing that a district court "improperly" resolved a factual dispute and "invaded the province of the jury" when it found that she could not establish damages as a proximate result of the insurer's conduct (Casey Jordan v. Allstate Insurance Company, No. 16-2049, 4th Cir.).

Target: Indemnity Obligation Owed In Relation To Underlying Injury Action
CINCINNATI - Target Corp. filed a brief in the Sixth Circuit U.S. Court of Appeals on Dec. 15, arguing that the indemnity obligation owed by its insured to another company that was sued in an underlying personal injury lawsuit is enforceable "as a matter of law in a final and conclusive manner" (Northern Insurance Company of New York v. Target Corporation, et al., No. 16-2222, 6th Cir.).

9th Circuit To Hear Oral Arguments On Decision To Abstain From Insurer's Suit
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on March 17 will hear oral arguments regarding whether a Nevada federal court correctly abstained from an insurer's suit in favor a lawsuit filed in Nevada state court by a third party against the insurer (Seneca Insurance Co. Inc. v. Strange Land Inc., et al., No. 15-16011, 9th Cir.).

Former MetLife Rep Appeals Dismissal Of Retaliation Lawsuit Against Ex-Employer
NEW YORK - A life insurance salesman has asked the Second Circuit U.S. Court of Appeals to overturn summary judgment for Metropolitan Life Insurance Co. and to allow a trial on the plaintiff's claims of violation of the Sarbanes-Oxley Act of 2012, 18 U.S.C. 1514SA (Ronald Kantin v. Metropolitan Life Insurance Company, No. 16-1091, 2nd Cir.).

Carrier Seeks Reformation Of Policy To Include An Intended Pollution Exclusion
ATLANTA - No coverage is owed for contamination claims arising out of the operation of a battery plant because the underlying claim against the insured did not meet the policy's deductible and a pollution exclusion, inadvertently left out of the policy through mutual mistake, precludes coverage, an insurer argues in a March 15 motion for summary judgment filed in Georgia federal court (ACE American Insurance Co. v. Exide Technologies Inc., et al., No. 16-1600, N.D. Ga.).

Insurer Says No Coverage For Roofing Subcontractor's $6.6M In Faulty Work Damage
CHICAGO - A commercial general liability insurance policy does not cover a roofing subcontractor over faulty work claims that resulted in more than $6.6 million in damages to townhomes, an insurer says in its Jan. 4 complaint to an Illinois federal court (Nautilus Insurance Co. v. Classic Roofing Inc. and Custom Roofing Contracting Ltd., No. 17-45, N.D. Ill.).