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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®



 



9th Circuit: Court Properly Dismissed Complaint Without Leave To Amend
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 13 affirmed a lower federal court's dismissal of an insured's lawsuit against its partners management liability reimbursement insurer, finding that the lower court did not abuse its discretion in denying the insured leave to amend its complaint (Cove Partners, LLC v. XL Specialty Insurance Company, No. 16-55315, 9th Cir., 2017 U.S. App. LEXIS 10504).



Judge: Lawsuits Arose Out Of 'Single Scheme'; No Professional Liability Coverage Due
DENVER - A Colorado federal judge on June 12 entered a final judgment in favor of a professional liability insurer after finding that it has no duty to defend or indemnify against an underlying lawsuit alleging that its insured entered into a "kickback contract" to steer additional subcontractor work to city-employee-controlled companies (Ciber, Inc. v. Ace American Insurance Co., No. 16-1189, D. Colo., 2017 U.S. Dist. LEXIS 89895).



Professional Liability Insurer Did Not Ratify Policy, 2nd Circuit Affirms
NEW YORK - The Second Circuit U.S. Court of Appeals on June 5 held that intervenors in a professional liability coverage dispute have failed to show that the insurer performed any act that ratified the insurance policy, affirming a lower court's ruling rescinding the policy because the insured made material misrepresentations on the insurance application (Continental Casualty Co. v. Joseph J. Boughton, Jr., et al., No. 16-2384, 2nd Cir., 2017 U.S. App. LEXIS 9860).



Magistrate Judge Grants Voluntary Dismissal Of FDIC Suit Against Insolvent Insurer
FRESNO, Calif. - A California federal magistrate judge on June 8 granted the voluntary dismissal of a coverage lawsuit between the Federal Deposit Insurance Corp., as assignee of certain claims by a failed bank, and an insolvent insurer's receiver (Thomas T. Hawker, et al. v. John D. Doak, insurance commissioner as receiver for Red Rock Insurance Co. f/k/a BancInsure Inc., No. 12-1261 E.D. Calif., 2017 U.S. Dist. LEXIS 88319).



Insurer Seeks Reversal Of Ruling In Professional Liability Coverage Suit
CINCINNATI - A district court abused its discretion by decertifying a defendant class and by dismissing an insurer's suit seeking a declaration that no coverage is owed under professional liability policies issued to a doctor and his company for hundreds of underlying suits filed against the insureds, the insurer argues in a May 16 reply brief filed in the Sixth Circuit U.S. Court of Appeals (The Medical Protective Co. v. Center for Advanced Spine Technologies Inc., et al., No. 16-4341, 6th Cir.).



Investors: District Court's Ruling On Insurance Policy Limit Was In Error
SAN FRANCISCO - A company that contends that a federal judge in Montana wrongly dismissed its case against an insurance company recently filed an appeal brief in the Ninth Circuit U.S. Court of Appeals, arguing that the judge erred in determining that interrelated claims constituted a legal issue rather than a factual one (Sauerbier Ranches Inc., et al. v. Catlin Specialty Insurance Company, No. 16-35280, 9th Cir.).



Insurer Was Not Entitled To Rescind Policy, California Panel Says In Reversal
SAN FRANCISCO - A California appeals panel on June 12 reversed a lower court's finding that an insurer was entitled to rescind an "Owners, Landlords & Tenants Liability Coverage" insurance policy, finding that the insurer failed to satisfy its burden of showing that the insured made material misrepresentations on the insurance application (Victor Duarte v. Pacific Specialty Insurance Co., No. A143828, Calif. App., 1st Dist., Div. 2).



Federal Bankruptcy Judge Orders Specialty Reinsurance Company To Post $15M Bond
NEW YORK - A New York federal bankruptcy judge held June 12 that a foreign specialty reinsurance company must post a bond in the amount of $15 million before a pending motion to compel arbitration of the dispute in Bermuda would be considered (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., 2017 Bankr. LEXIS 1585).



Judge: Insurer Has No Duty To Defend Insured Against Unpaid Commissions Claims
BIRMINGHAM, Ala. - An Alabama federal judge on June 2 found that an employment practices liability insurer has no duty to defend its insured against a former employee's claims for unpaid commissions, denying the insured's motion for partial summary judgment (American Chemicals & Equipment, Inc. d/b/a American Osment v. Continental Casualty Co., et al., No. 15-00299, N.D. Ala., 2017 U.S. Dist. LEXIS 84769).



California Panel Reverses Ruling In Lawsuit Alleging Clam Under Elder Abuse Act
SAN FRANCISCO - A California appeals panel held June 2 that a first amended complaint sufficiently alleges "deprivation" of "the property of an elder" pursuant to the Elder Abuse and Dependent Adult Civil Protection Act, 42 U.S. Code Section 3058(i), 42 U.S.C. 3058i, reversing and remanding a lower court (Frederick Mahan, et al. v. Charles W. Chan Insurance Agency, Inc., et al., No. A147236. Calif. App., 1st Dist., 2017 Cal. App. LEXIS 507).



Judge: Fact Issues Preclude Summary Judgment In Fax Blast Coverage Dispute
TAMPA, Fla. - A Florida federal judge on June 5 denied a commercial general liability insurer's motion for summary judgment in its declaratory judgment lawsuit disputing coverage for an underlying $2,139,000 judgment against it insured for sending 4,278 unsolicited facsimile transmissions (Zurich American Insurance Co., as successor by merger to Maryland Casualty Co. v. European Tile And Floors, Inc., et al., No. 16-729, M.D. Fla., 2017 U.S. Dist. LEXIS 85380).



Magistrate Dismisses Yahoo's Suit Seeking Coverage For TCPA Class Action Claims
SAN JOSE, Calif. - A California federal magistrate on June 2 granted a commercial general liability insurer's motion to dismiss Yahoo! Inc.'s breach of contract lawsuit seeking coverage for underlying class action allegations that it violated the Telephone Consumer Protection Act (TCPA) by transmitting unsolicited text messages (Yahoo! Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 17-00447, N.D. Calif., 2017 U.S. Dist. LEXIS 85200).



Judge: Shareholders May Be Entitled To Directors, Officers Liability Coverage
CHICAGO - An Illinois federal judge on June 2 granted in part and denied in part a directors and officers liability insurer's motion for judgment on the pleadings in a coverage dispute over underlying racketeering, breach of fiduciary duty and negligence claims brought against the insured's directors (Vita Food Products, Inc. v. Navigators Insurance Co., No. 16-08210, N.D. Ill., 2017 U.S. Dist. LEXIS 85257).



Louisiana Panel Affirms Venue Was Improper For Suit Against Parish Government
GRETNA, La. - A Louisiana appeals panel on May 31 affirmed a lower court's ruling that the venue was improper for plaintiffs' defamation lawsuit against the St. Bernard Parish government, four of its councilmen and its directors and officers liability insurer (Richard Perniciaro, et al. v. Guy McInnis, et al., No. 16-CA-740, La. App., 5th Cir., 2017 La. App. LEXIS 1015).



FDIC, Insolvent Insurer Seek Joint Dismissal Of Negligence Dispute
LOS ANGELES - Following an appeal that saw a reversal of summary judgment on negligence claims, the Federal Deposit Insurance Corp., as receiver for a failed bank, and an insolvent insurer on May 30 submitted to a California federal court a joint stipulation asking for dismissal of a dispute over directors and officers liability coverage (Federal Deposit Insurance Corp., as receiver for Security Pacific Bank v. BancInsure Inc., No. 12-9882, C.D. Calif.).



Insured's Assignees Appeal Ruling In Directors, Officers Liability Dispute
NEW YORK - An insured's assignees have asked the Second Circuit U.S. Court of Appeals to reverse a lower court's ruling in a coverage dispute arising from alleged breaches of contractual obligations under two promissory notes and a consulting agreement by the insured and its directors and officers (Intelligent Digital Systems v. Beazley Insurance Company, Inc., No. 16-3548, 2nd Cir.).



Company Says SEC's Investigation Warrants Coverage Of Legal Costs
DENVER - A plaintiff company has told the 10th Circuit U.S. Court of Appeals that a federal judge in Colorado erred in entering summary judgment in favor of its insurer, contending that an investigation by the U.S. Securities and Exchange Commission is a claim under its directors and officers liability policy that warrants coverage for $3 million in legal fees (MusclePharm Corporation v. Liberty Insurance Underwriters, Inc., No. 16-1462, 10th Cir.).



9th Circuit Majority Vacates Ruling In Suit Seeking Coverage Under Surety Bond
PASADENA, Calif. - A majority of the Ninth Circuit U.S. Court of Appeals on June 2 vacated and remanded a lower federal court's ruling in favor of an insurer in a suit seeking to recover $305,000 under a surety bond (Nacimiento Water Company, Inc. v. International Fidelity Insurance Co., Nos. 15-56323 and No. 16-55311, 9th Cir., 2017 U.S. App. LEXIS 9810).



Ownership Requirement Applies To Employee Dishonesty Provision, 8th Circuit Affirms
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 31 affirmed a lower federal court's finding that insurers have no duty to indemnify their insured for $100 million in losses because, pursuant to a blanket crime insurance policy, the insured did not own any lost earnings stemming from a Ponzi scheme perpetuated by its investment advisers (3M Company, et al. v. National Union Fire Insurance Company of Pittsburgh, Pa, et al., No. 15-3495, 8th Cir., 2017 U.S. App. LEXIS 9599).



Judge: 'Abusive Act' Exclusion Bars Coverage For Claims Against Board Of Education
NEWARK, N.J. - A New Jersey federal judge on June 1 found that a commercial general liability insurer has no duty to defend its board of education insured against underlying claims arising from abusive acts alleged by students against a former teacher (Montville Township Board of Education v. Zurich American Insurance Co., No. 16-4466, D. N.J., 2017 U.S. Dist. LEXIS 83810).



Homeowners Insurer Asks 1st Circuit To Review Ruling In Favor Of Cosby
BOSTON - William H. Cosby Jr.'s homeowners and excess insurer on May 12 filed an appeal in the First Circuit U.S. Court of Appeals challenging a lower federal court's finding that it has a duty to defend him against underlying defamation lawsuits arising from sexual assault claims (AIG Property Casualty Co. v. Tamara Green, et al., No. 17-1505, 1st Cir.).



9th Circuit Affirms Ruling In Insurers' Favor In Computer Spyware Coverage Dispute
SEATTLE - The Ninth Circuit U.S. Court of Appeals on May 26 affirmed a lower federal court's ruling in favor of insurers in a dispute over coverage for claims that an insured used spy software to track rented laptops by secretly taking photographs using the laptop webcam (American Economy Insurance Co., et al. v. Hartford Fire Ins. Co. v. Aspen Way Enterprises Inc., et al., No. 16-35059, 9th Cir., 2017 U.S. App. LEXIS 9268).



Notice Of Lawsuit Over Sales Commissions Was Untimely, 8th Circuit Affirms
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 25 affirmed a lower federal court's ruling that a food marketing and distribution company insured's notice of an underlying lawsuit brought by its former employee was untimely (Food Market Merchandising Inc. v. Scottsdale Indemnity Co., 16-3427, 8th Cir., 2017 U.S. App. LEXIS 9089).



No Coverage Exists For Vicarious Liability Claim Against Spa Owner, Panel Affirms
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 24 affirmed a lower federal court's ruling that a professional liability insurance policy does not cover an underlying vicarious liability claim brought against the owner of a spa (Kalandra Lewis, et al. v. Evanston Insurance Co., No. 16-15109, 11th Cir., 2017 U.S. App. LEXIS 8998).



Judge Finds Professional Liability Exclusion Applies To Construction Inspector
GREENVILLE, S.C. - A federal judge in South Carolina on May 24 awarded summary judgment to State Farm Fire and Casualty Insurance Co., ruling that the professional liability exclusion does not require the insurer to provide coverage to a construction inspection company accused of negligence (State Farm Fire and Casualty Insurance Co. v. Morningstar Consultants, Inc., No. 16-01685-MGL, D. S.C., 2017 U.S. Dist. LEXIS 79371).



Professional Liability Insurer Owes Defense To 2 Of 3 Au Pair Placement Agencies
DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al., No.15-02499, D. Colo., 2017 U.S. Dist. LEXIS 75073).



Business Pursuits Exclusion Bars Coverage, Massachusetts Panel Affirms
BOSTON - A Massachusetts appeals panel on May 23 affirmed a lower court's ruling that a homeowners insurance policy's business pursuits exclusion bars coverage for underlying claims against a civilian employee of the city of Newtown's chief of police office (Vincent Nguyen v. Arbella Insurance Group, No. 16-P-834, Mass. App., 2017 Mass. App. LEXIS 64).



Credit Union's Directors Knew Of Employee Dishonesty Well Before Bond Was Issued
CINCINNATI - A majority of the Sixth Circuit U.S. Court of Appeals on May 18 affirmed a lower federal court's ruling that the liquidating agent of an insolvent credit union is not entitled to $5 million in employee dishonesty coverage under a fidelity bond issued to the credit union for losses arising from an employee's alleged fraudulent scheme (National Credit Union Administration Board v. Cumis Insurance Society Inc., No. 16-3140, 6th Cir.).



Insurer Amends Complaint Adding Defendant In Dispute Over Fraudulent Tax Returns
BLUEFIELD, W.Va. - A businessowners liability insurer on May 22 amended its complaint to add another defendant 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.).



Production Company Owed No Further Defense For Suits Over Fatal Train Accident
LOS ANGELES - A California federal judge on May 23 granted an insurer's motion for summary judgment on the remaining claims in a production company insured's lawsuit seeking coverage for damages caused by a train accident that killed a camera technician and injured the film's director and several crew members (Film Allman LLC v. New York Marine and General Insurance Co., Inc., No 14-7069, C.D. Calif., 2017 U.S. Dist. LEXIS 79139).



No Coverage For Housing Discrimination Charge Against Landlord, Panel Affirms
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 18 affirmed 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 residential landlord insured (GMS Management v. Evanston Ins. Co., No. 16-4018, 6th Cir.).



Bodily And Personal Injury Coverage Was Not Triggered, Judge Says, Dismisses Suit
CLARKSBURG, W.Va. - Granting an insurer's motion for summary judgment, a West Virginia federal judge on May 16 held that the insurer has no duty to defend or indemnify an underlying complaint alleging that a restaurant insured violated the West Virginia Human Rights Act (WVHRA) (Grand China Buffett & Grill, Inc., et al. v. State Auto Property and Casualty Co., et al., No 16-159, N.D. W.Va., 2017 U.S. Dist. LEXIS 74255).



Abuse Exclusion Bars Coverage For Wrongful Death Verdict, 9th Circuit Affirms
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 17 rejected a doctor and his wife's argument that they were entitled to coverage for an adverse verdict in a wrongful death suit because their homeowners insurance policy's abuse exclusion was not applicable, affirming a lower federal court's summary judgment ruling in favor of the insurer (American Family Mutual Insurance Co. v. Carlos F. Verdugo, M.D., et al., Nos. 16-15687 and 16-15717, 9th Cir., 2017 U.S. App. LEXIS 8828).



Legal Conclusions Out, Rest Of Testimony In, Judge Says In Coverage Row
MOBILE, Ala. - The legal nature of the opinions of one expert witness for an insurer in a coverage dispute over underlying trademark infringement claims precludes the expert from testifying about such opinions, but the expert's other opinions, and those of a second expert for the insurer, are admissible under Daubert, an Alabama federal judge held May 12 (Hibbett Patient Care, LLC, et al. v. Pharmacists Mutual Insurance Co., No. 16-0231, S.D. Ala., 2017 U.S. Dist. LEXIS 72786).



Insurer: Facebook IPO Class Action Not Barred By Professional Services Exclusion
NEW YORK - An excess errors and omissions (E&O) insurer has asked the Second Circuit U.S. Court of Appeals to reverse a lower court's holding that a directors and officers (D&O) liability insurance policy's professional services exclusion unambiguously bars coverage for claims in an underlying Facebook IPO class action lawsuit (Beazley Insurance Co. Inc. v. Ace American Insurance Co., et al., No. 16-2812, 2nd Cir.).



Prior Acts Exclusion Bars Coverage For Fraudulent Transfer Claims, Panel Affirms
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 16 held that a directors and officers liability insurance policy's prior acts exclusion bars coverage for an underlying $15 million settlement arising from claims that a financial corporation's former executive officers breached their fiduciary duties (Clifford Zucker v. U.S. Specialty Insurance Co., 11th Cir., 15-10987, 2017 U.S. App. LEXIS 8585).



8th Circuit Affirms Dismissal Of Class Action Challenging Insurance Practices
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 11 affirmed a lower federal court's dismissal of a class action alleging that an insurer sold policies with benefits below the statutory minimum required by Minnesota law (Andrea L. Dammann, et al. v. Progressive Direct Insurance Co., No. 16-3591, 8th Cir., 2017 U.S. App. LEXIS 8340).



5th Circuit Reverses Order That Certified Fraud Class In Insurance Practices Dispute
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 9 remanded a lower federal court's certification order as to contract and statutory claims and reversed the certification order as to the fraud claim in a class action lawsuit challenging an insurer's practices in determining the value of totaled vehicles (Cheryl Slade v. Progressive Security Insurance Co., No. 15-30010, 5th Cir., 2017 U.S. App. LEXIS 8229).



Panel: Claims Seeking Coverage For Alleged Bullying, Harassment Are Timely
CHICAGO - An Illinois panel on May 10 held that insureds' counterclaim and third-party complaint against a homeowners insurer and an insurance agent are timely in a coverage dispute arising from underlying bullying and harassment claims, reversing a lower court (American Family Mutual Insurance Co. v. Walter Krop, et al., No. 1-16-1071, Ill. App., 1st Dist., 3rd Div., 2017 Ill. App. LEXIS 310).



9th Circuit Partly Reverses Ruling In Coverage Dispute Over Intellectual Property
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 9 affirmed in part, reversed in part and remanded a coverage dispute arising from an underlying lawsuit alleging that insureds breached an intellectual property agreement and committed trade libel and tortious inducement to breach of contract (The Burlington Insurance Co. v. Minadora Holdings, LLC, et al., Nos. 15-55702 and 15-56657, 9th Cir., 2017 U.S. App. LEXIS 8232).



Judge Partly Grants Motion To Compel Discovery In Dispute Over Employee Fraud
CINCINNATI - An Ohio federal judge on May 9 granted in part insurers' motion to compel discovery in a dispute over fidelity bond coverage for the alleged fraudulent conduct of a bank insured's former loan officer (Fifth Third Bancorp, et al. v. Certain Underwriters at Lloyd's, et al., No. 14-869, S.D. Ohio, 2017 U.S. Dist. LEXIS 70639).



Federal Judge Refuses To Dismiss, Stay Legal Malpractice Coverage Dispute
WICHITA, Kan. - A Kansas federal judge on May 3 denied a law firm insured's motion to dismiss or stay an insurer's declaratory judgment lawsuit disputing coverage for a lawsuit brought by a bankruptcy trustee representing former clients of the insured (The Bar Plan Mutual Insurance Co. v. Christopher W. O'Brien, et al., No. 17-1037, D. Kan., 2017 U.S. Dist. LEXIS 67655).



Judge Grants Insureds' Motion To Stay Professional Liability Coverage Dispute
SAN DIEGO - A California federal judge on May 5 granted insureds' motion to stay a professional liability coverage dispute pending resolution of an underlying lawsuit alleging that they committed fraudulent conduct in managing a 40-unit mixed-use condominium complex in San Diego (Admiral Insurance Co. v. Urban Housing Partners, Inc., et al., No.: 16-2720, S.D. Calif., 2017 U.S. Dist. LEXIS 69303).



Insurer Has No Duty To Defend Suit Arising From Overturned Murder Conviction
BROOKLYN, N.Y. - A New York appeals panel on May 3 affirmed a lower court's ruling that an insurer has no duty to defend or indemnify its insured against an underlying lawsuit arising from an overturned murder conviction (County of Dutchess, et al. v Argonaut Insurance Co., also known as Argonaut Group, No. 2015-01594, N.Y. Sup., App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 3413).



Insurer Acted Vexatiously, Unreasonably In Denying Coverage, Illinois Panel Affirms
ELGIN, Ill. - An Illinois appeals panel on May 11 affirmed a lower court's ruling that held that an insurer acted vexatiously and unreasonably in failing to defend its pet motel insured against an underlying negligence lawsuit that resulted in a $45,000 consent judgment (Sabas Soto v. Country Mutual Insurance Co., et al., No. 2-16-0720, Ill. App., 2nd Dist., 2017 Ill. App. Unpub. LEXIS 943).



Right To Public Education Is Intangible; No Coverage For Lawsuit Against Teacher
DENVER - The 10th Circuit U.S. Court of Appeals on May 3 affirmed a lower federal court's finding that an underlying lawsuit alleging that a high school mathematics teacher engaged in inappropriate communications with one of his female students fails to trigger "bodily injury" or "property damage" under his homeowners insurance policy (State Farm Fire and Casualty Co. v. Charles Dawson, et al., No. 16-6356, 10th Cir., 2017 U.S. App. LEXIS 7836).



Federal Judge Allows Products Liability Coverage Dispute To Proceed
SPOKANE, Wash. - A Washington federal judge on May 8 refused to dismiss or alternatively stay an insurer's declaratory judgment lawsuit disputing coverage for an underlying products liability lawsuit (Atlantic Casualty Insurance Co. v. Brad Bellinger, et al., No. 16-00422, E.D. Wash., 2017 U.S. Dist. LEXIS 70082).



Panel Affirms Ruling In Insurer's Favor In Copyright Infringement Coverage Suit
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 2 affirmed a lower federal court's ruling in favor of an insurer in coverage dispute arising from underlying copyright infringement claims, finding that the insured failed to connect its construction of copyright-infringing homes to its advertising (Highlands Holdings Inc. v. Mid-Continent Casualty Co., No. 16-14981, 11th Cir., 2017 U.S. App. LEXIS 7724).



Complaint Alleged Damage To Tangible, Physical Property, Panel Says In Reversal
WAUSAU, Wis. - Reversing and remanding a lower court's ruling in favor of an insurer, a Wisconsin appeals panel held May 2 that the complaint arguably alleged damage to both tangible, physical property, which is covered under a commercial general liability insurance policy, and the intangible electronic data stored on video tapes (Country World Media Group, Inc. v. Erie Insurance Co., et al., No. 2016AP1343, Wis. App., Dist. 3, 2017 Wisc. App. LEXIS 312).



New York Panel: Fact Issues Exist As To Whether Insurer Timely Disclaimed Coverage
BROOKLYN, N.Y. - A New York appeals panel on May 3 affirmed a lower court's denial of an insurer's cross-motion for summary judgment in a dispute over coverage for an underlying indemnification lawsuit brought against its insured by the state of New York (Evanston Insurance Co. v. P.S. Bruckel, Inc., et al., No. 2015-02584, N.Y. Sup., App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 3426).



Insured May Be Able To Recover Against Adjuster In Bad Faith Suit, Judge Rules
DALLAS - A federal judge in Texas on May 10 ruled that remand of an insurance breach of contract and bad faith lawsuit to state court is warranted because an insured has shown that it may recover against the adjuster for failing to offer a fair settlement on a commercial property insurance claim (Arlington Heights Memorial Post No. 8234 Veterans Of Foreign Wars of the United States, Fort Worth, Texas, v. Covington Specialty Insurance Co., et al., No. 16-3112, N.D. Texas, 2017 U.S. Dist. LEXIS 71125).



N.J. Panel: Broker Had No Duty To Provide Quotes For Higher Policy Limits
TRENTON, N.J. - A New Jersey panel on May 1 rejected a tool manufacturer insured's argument that its insurance broker breached a duty to provide additional flood quotes for its Harrison, N.J., commercial facilities, affirming a lower court's ruling in favor of the broker in a dispute arising from Superstorm Sandy flood damage (C.S. Osborne & Co., Inc. v. The Charter Oak Fire Insurance Co., et al., No. A-2182-15T4, N.J. Super., App. Div., 2017 N.J. Super. Unpub. LEXIS 1051).



In Remanded False Claims Act Suit, Discovery Limited To Identified Properties
GULFPORT, Miss. - In a case concerning an insurer's False Claims Act (FCA) violations on Hurricane Katrina claims, a Mississippi federal judge on April 12 granted the parties' motions to reopen the case, which was remanded after a U.S. Supreme Court ruling, limiting initial discovery on those purported violations to properties previously identified in a list provided by the insurer (United States, ex rel. Cori Rigsby, et al. v. State Farm Fire & Casualty Co., No. 1:06-cv-00433, S.D. Miss.).



Malicious Prosecution Was Not Committed During Policy Period, Excess Insurer Says
CINCINNATI - An excess insurer has asked the Sixth Circuit U.S. Court of Appeals to reverse a lower federal court's ruling that ordered it to reimburse the $3.25 million a second excess insurer contributed to an underlying settlement of a malicious prosecution lawsuit against the city of Barberton, Ohio, and its police officers (Selective Ins. Co. v. RLI Ins. Co., 16-4199, 6th Cir.).