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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®



 



Insurer Has No Duty To Indemnify Under 'Accidental Event' Coverage, Panel Affirms
NASHVILLE, Tenn. - A Tennessee appeals panel on Aug. 31 affirmed a lower court's ruling that an insurer has no duty to indemnify its insured under a business insurance policy's "accidental event" coverage for claims that the insured violated the Telephone Consumer Protection Act (TCPA) by sending unsolicited faxes (Allstate Insurance Company v. Kaigler & Associates, Inc., No. M2016-01003-COA-R3-CV, Tenn. App., 2017 Tenn. App. LEXIS 595).



9th Circuits Rules Against L.A. Lakers In Coverage Dispute Over TCPA Claim
PASADENA, Calif. - Determining that a claim brought under the Telephone Consumer Protection Act (TCPA) "is inherently an invasion of privacy claim," a Ninth Circuit U.S. Court of Appeals panel majority on Aug. 23 affirmed a trial court's finding that the Los Angeles Lakers were not entitled to coverage for an underlying TCPA suit because the team's insurance policy contained an exclusion for invasion of privacy suits (Los Angeles Lakers Inc. v. Federal Insurance Co., No. 15-55777, 9th Cir., 2017 U.S. App. LEXIS 16109).



Magistrate Grants Stay Pending Approval Of Settlement Of Fax Ads Coverage Dispute
TAMPA, Fla. - A Florida federal magistrate on Aug. 18 signed an order granting a joint motion to stay trial and pretrial deadlines pending approval of a settlement in a fax ads coverage dispute the same day she denied the commercial general liability insurer's motion in limine seeking to exclude three categories of evidence and testimony from trial (Zurich American Insurance Co. v. European Tile and Floors, Inc., et al., No. 16-729, M.D. Fla., 2017 U.S. Dist. LEXIS 132029).



9th Circuit: Insurer Owes Insured Attorney Fees Incurred In Antitrust Suit
SEATTLE - The Ninth Circuit U.S. Court of Appeals on Aug. 30 affirmed a lower federal court's ruling that an insurance policy exclusion does not unambiguously preclude coverage for an antitrust claim alleging that the insured's acquisition of a medical group gave it an unlawful advantage in bargaining over health care services prices (St. Luke's Health System, LTD, et al. v. Allied World National Assurance, et al., No. 15-35767, 9th Cir., 2017 U.S. App. LEXIS 16655).



Federal Magistrate: Claims That Insured Failed To Pay Wages Do Not Trigger Coverage
SAN JOSE, Calif. - A California federal magistrate judge on Aug. 31 held that a professional liability insurer owes no coverage for underlying class action claims alleging that its staffing services company insured failed to pay wages (W.G. Hall, LLC v. Zurich American Insurance Co., No. 17-00646, N.D. Calif., 2017 U.S. Dist. LEXIS 141389).



New York Panel Partly Reverses Ruling In Professional Liability Coverage Dispute
WHITE PLAINS, N.Y. - A New York appeals panel on Aug. 16 reversed a lower court's dismissal of a private equity firm's fraud, breach of fiduciary duty and aiding and abetting a breach of fiduciary duty claims against an insurance broker, a professional liability insurer and its insurance agency but affirmed the lower court's refusal to dismiss breach of contract and bad faith claims against the insurer (Fox Paine & Company, LLC, et al. v. Houston Casualty Company, et al., No. 2014-11903, N.Y. Sup., App. Div., 2nd Dept., 2017 N.Y. App. Div. LEXIS 6123).



Doctor Appeals Ruling In Professional Liability Coverage Dispute To 1st Circuit
PORTLAND, Maine - A doctor on Aug. 31 filed a notice of appeal in the First Circuit U.S. Court of Appeals seeking to reverse a lower federal court's ruling in favor of a professional liability insurer in a coverage dispute over a claim for unlawful disclosure of confidential health care information made by his ex-wife (Medical Mutual Insurance Company of Maine, Inc. v. Douglas Burka, No. 16-462, D. Maine, 2017 U.S. Dist. LEXIS 138517).



U.S. High Court Denies Rehearing In Dispute Over Employment-Related Practices
WASHINGTON, D.C. - The U.S. Supreme Court on Aug. 25 refused to reconsider its denial of a petition for a writ of certiorari seeking to reverse a California appellate court's finding that a commercial general liability insurance policy's employment-related practices (ERP) exclusion bars coverage for all claims alleged against an insured and its employee arising from alleged sexual harassment and assault (Alana Munoz v. Golden Eagle Insurance Corp., No. 16-1245, U.S. Sup.).



Professional Services Exclusion Bars Coverage, Pennsylvania Court Affirms
HARRISBURG, Pa. - A Pennsylvania court on Aug. 23 affirmed a lower court's finding that an insurer has no duty to defend or indemnify against an underlying negligence lawsuit because the allegations arise from a bodily injury that was sustained as a result of the insured's rendering of or failure to render professional services (Debra M. Campayno, et al. v. Auto-Owners Insurance, et al., No. 1210 WDA 2016, No. 1255 WDA 2016, Pa. Super., 2017 Pa. Super. Unpub. LEXIS 3195).



No Tort Occurred Before Expiration Of Excess Policy, Panel Says In Reversal
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 24 reversed a lower federal court's ruling that ordered an excess insurer 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 Insurance Co. v. RLI Ins. Co., 16-4199, 6th Cir., 2017 U.S. App. LEXIS 16327).



9th Circuit Affirms Ruling In Favor Of Errors, Omissions Insurer
ANCHORAGE, Alaska - The Ninth Circuit U.S. Court of Appeals on Aug. 22 affirmed a lower federal court's ruling in favor of an errors and omission insurer in a dispute over coverage for claims challenging the insured's provision of thermal soil remediation (Alaska Interstate Construction, LLC v. Crum & Forster Specialty Insurance Company, No. 15-35973, 9th Cir., 2017 U.S. App. LEXIS 15997).



Bankruptcy Judge Orders Arbitration For $15M Dispute Against Specialty Reinsurer
NEW YORK - A New York bankruptcy judge on Aug. 24 ordered a defunct brokerage company to arbitrate in Bermuda its dispute with a foreign specialty reinsurer over a $15 million policy (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 2379).



Panel Affirms $9.1M Award In Favor Of Excess Insurer In Equitable Indemnity Dispute
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 23 held a primary insurer liable under the principles of equity to reimburse an excess insurer for the defense costs it was ordered to pay to their insured in connection with an underlying lawsuit arising from a failed real estate project, affirming a lower court's ruling that awarded the excess insurer the $7,996,655.57 in underlying defense costs plus $1,160,629.09 in prejudgment interest (IMG Worldwide Inc., et al. v. Great Divide Insurance Co., No. 15-4291, 6th Cir.).



Judge Denies Insolvent Insurer's Bid For Defense Costs Based On Underlying Settlement
KANSAS CITY, Kan. - A Kansas federal judge on Aug. 29 overruled an insolvent directors and officers (D&O) insurer's request for litigation-related fees and costs pursuant to an underlying settlement agreement between a bank's receiver and the bank's directors and officers (BancInsure Inc. v. Carl L. McCaffree, et al., No. 12-2110, D. Kan., 2017 U.S. Dist. LEXIS 138629).



Care, Custody Or Control Exclusion Bars Coverage, Federal Judge Rules
CHICAGO - An Illinois federal judge on Aug. 24 found that an insurer has no duty to defend or indemnify its insured against an underlying lawsuit seeking $250,000 for missing equipment because coverage is barred by the policy's care, custody or control exclusion (The Cincinnati Insurance Company v. Berkshire Refrigerated Warehousing, LLC, et al., No. 15-686, N.D. Ill., 2017 U.S. Dist. LEXIS 136515).



Majority Remands Coverage Suit Arising From Settlement Of Distribution Agreement
PORTLAND, Ore. - A majority of the Ninth Circuit U.S. Court of Appeals withdrew an Aug. 1 ruling and refiled it on Aug. 17 to reflect a dissenting opinion that was not included in the initial ruling that remanded a lower federal court's finding that three insurers have no duty to defend or indemnify 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 15628).



Federal Judge Refuses To Reconsider Ruling In Equitable Indemnification Dispute
SACRAMENTO, Calif. - A California federal judge on Aug. 21 denied an insurer's motion to reconsider the court's denial of its summary judgment motion in an equitable indemnification dispute between it and another insurer (Public Service Mutual Insurance Co. v. Liberty Surplus Insurance Corp., No. 14-00226, E.D. Calif., 2017 U.S. Dist. LEXIS 134339).



Quoting The Rolling Stones, Federal Judge Refuses To Dismiss A Coverage Dispute
INDIANAPOLIS - An Indiana federal judge on Aug. 14 refused to dismiss Indianapolis Motor Speedway's lawsuit seeking coverage as an additional insured for alleged injuries that occurred when attendees were leaving a July 4, 2015, concert by The Rolling Stones, telling the parties that although "you can't always get what you want," if you try to work toward a resolution short of trial, "you just might find you get what you need" (Indianapolis Motor Speedway, LLC v. Global Live, Inc., et al., No. 17-01743, S.D. Ind., 2017 U.S. Dist. LEXIS 128603).



New York Insured Sues FEMA, Administrators, Insurer In Superstorm Sandy Dispute
CENTRAL ISLIP, N.Y. - An insured sued the Federal Emergency Management Agency, its administrators and Wright National Flood Insurance Co. on Aug. 17 in a New York federal court, alleging that he was wrongfully denied $141,274.50 in insurance proceeds for Superstorm Sandy damage to his Long Beach, N.Y., home (David Clutter v. William B. Long, et al., No. 17-4833, E.D. N.Y.).



Cosby's Insurer Moves To File A Bond Or Stay Execution Of Judgment Pending Appeal
SPRINGFIELD, Mass. - William H. Cosby Jr.'s homeowners and excess insurer on Aug 10 moved in federal district court to file a supersedeas bond or, in the alternative, to stay execution of a judgment against it pending resolution of its appeal in the First Circuit U.S. Court of Appeals challenging a ruling that it has a duty to defend Cosby against underlying defamation lawsuits arising from sexual assault claims (AIG Property Casualty Co. v. Tamara Green, et al., No. 15-30111, D. Mass.).



Chit Fraud Loss Occurred Via Computer, Card Firm Argues To 11th Circuit
ATLANTA - Contrary to the views expressed by its insurer and a trial court, a card management firm argues in a July 27 reply brief to the 11th Circuit U.S. Court of Appeals that an $11 million loss it experienced due to fraudulent activity involved a computer and thus triggered coverage under the computer fraud provision in its insurance policy (Hi Technology Corp., et al. v. Great American Insurance Co., No. 17-11712, 11th Cir.).



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).