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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®



 



Judge: Claims Related To Company's Employment, Labor Practices; Coverage Barred
BOSTON - A Massachusetts judge on Oct. 2 dismissed a retailer insured's breach of contract and bad faith lawsuit against its management liability insurer after finding that the underlying claims made against the insured are barred from coverage because they are directly tied to, or a natural outgrowth of, the insured's employment and labor practices (The Talbots Inc. v. AIG Specialty Insurance Co., No. 17-11107, D. Mass., 2017 U.S. Dist. LEXIS 161619).



U.S. High Court Rejects Insurer's Plea To Overturn Judgment Issued Without Defense
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied an insurer's petition for certiorari, which argued that the Missouri Supreme Court denied the insurer its fundamental due process rights when it relied on facts of a shooting incident reached in an underlying tort action where no defense was presented (Atain Specialty Insurance Company v. Franklin Allen, No. 17-59, U.S. Sup.).



11th Circuit Reverses Estoppel Ruling In Coverage Dispute Over Personal Injury Suits
ATLANTA - The 11th Circuit U .S. Court of Appeals on Sept. 27 found that a lower federal court erred in finding that an insurer was estopped from denying coverage for underlying personal injury lawsuits against the provider of an offshore fishing trip, reversing in part (North American Specialty Insurance Co. v. Bull River Marina, LLC, et al., No. 16-10738, 11th Cir., 2017 U.S. App. LEXIS 18663).



Claims That Insureds Negligently Repackaged Drugs Are Related, 11th Circuit Says
ATLANTA - The 11th Circuit U.S. Court of Appeals on Sept. 27 affirmed a lower federal court's finding that claims that a pharmacy and its pharmacist were negligent in repackaging single-use syringes of Avastin and Lucentis are related and, therefore, are subject to the $1 million per-claim limit under two health care providers' professional liability insurance policies (American Casualty Company of Reading, Pennsylvania v. Samuel Belcher, et al., No. 17-10848, 11th Cir., 2017 U.S. App. LEXIS 18664).



Judge: No Coverage For Third-Party Claims Arising From Patent Infringement Dispute
SAN DIEGO - Granting a business owners liability insurer's motion for summary judgment in a breach of contract and bad faith lawsuit, a California federal judge on Sept. 29 found that a third-party complaint against an insured arising from a patent infringement lawsuit failed to trigger coverage (WAWGD, Inc., doing business as Foresight Sports v. Sentinel Insurance Company, No. 16-2917, S.D. Calif., 2017 U.S. Dist. LEXIS 161361).



SEC Investigation Is 'Prior Or Pending' Claim; No Coverage, Federal Judge Says
NEW YORK - Ruling on dueling summary judgment motions, a New York federal judge held Sept. 25 that an investigation by the Securities Exchange Commission against a private investment firm insured is excluded from coverage because it was pending before the August 2011 inception of an excess directors and officers liability insurance policy (Patriarch Partners, LLC v. Axis Insurance Company, No. 16-2277, S.D. N.Y., 2017 U.S. Dist. LEXIS 155367).



Judge: Disagreement And Lawsuit Are Not 'Interrelated Wrongful Acts' Under Policy
SIOUX FALLS, S.D. - A South Dakota federal judge on Sept. 22 held that a 2013 disagreement and a 2015 lawsuit are not "interrelated wrongful acts" under an insurance policy and, therefore, the insured is owed directors, officers and entity liability coverage for the underlying lawsuit brought against it, its CEO and certain of its board members (South Dakota Network, LLC v. Twin City Fire Insurance Company Co., No. 16-04031, D. S.D., 2017 U.S. Dist. LEXIS 154886).



Panel: Insured Vs. Insured Exclusion Bars Directors, Officers Liability Coverage
NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 19 affirmed a judgment in favor of a directors and officers liability insurer 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, et al. v. Beazley Insurance Company, Inc., No. 16-3548, 2nd Cir., 2017 U.S. App. LEXIS 18273).



Unambiguous Policy Does Not Cover Insureds' Thailand Loss, Idaho Panel Affirms
BOISE, Idaho - An Idaho appeals panel held Sept. 29 that the plain meaning of the phrase "coverage territory" in the separate coverage areas of an insurance policy have clear and distinct meanings and applications and neither of the coverage areas insure the insureds' loss in Thailand, affirming a lower court's ruling in favor of the insurer (Praveen Khurana, et al. v. AMCO Insurance Co., No. 44854, Idaho App., 2017 Ida. App. Unpub. LEXIS 312).



Carrier Exception To Exclusion Applies To Allow Coverage For Stolen Wine/Liquor
NEW YORK - Rejecting an insurer's appeal, the Second Circuit U.S. Court of Appeals on Sept. 21 affirmed a lower federal court's finding that a carrier exception to an insurance policy's dishonest acts exclusion applies to allow coverage for an insured's $1,155,480 claim arising from 4,095 cases of allegedly stolen wine and liquor (Warehouse Wines & Spirits v. Travelers Property Casualty Co., 16-2611, 2nd Cir., 2017 U.S. App. LEXIS 18239).



Panel: Method Of Calculating Estimated 'Actual Cash Value' Does Not Breach Contract
ST. LOUIS - The Eighth Circuit U.S. Court Appeals on Sept. 25 found that a homeowners insurer's method of determining an insured's estimated "actual cash value" does not breach its replacement cost contract, further finding there is no basis to certify a class of insureds who incurred "unique, individual covered losses" and no basis to sustain a special master's "burdensome classwide discovery orders" in a hailstorm coverage dispute (In re: State Farm Fire and Casualty Company, Nos. 16-3185 and 16-3562, 8th Cir., 2017 U.S. App. LEXIS 18457).



Breach Of Contract, Bad Faith Claims Survive In Coverage Suit Over Contaminated Feed
FRESNO, Calif. - A California federal judge on Sept. 27 denied an insurer's motion for summary judgment on the insured's breach of contract and bad faith counterclaims in a dispute over coverage for damages arising from contaminated feed manufactured by the insured but granted the insurer's motion as to the punitive damages claim (Praetorian Insurance Co. v. Western Milling, LLC, No. 15-00557, E.D. Calif., 2017 U.S. Dist. LEXIS 159181).



10th Circuit Affirms Dismissal Of Insurer's Declaratory Judgment Suit
DENVER - The 10th Circuit U.S. Court of Appeals on Sept. 20 affirmed a lower federal court's grant of an insurer's motion to dismiss its declaratory judgment lawsuit challenging coverage for a dispute over the right to control a church, rejecting the appellants' argument that the insurer has a duty to pay their attorney fees and costs (Church Mutual Insurance Co. v. The Salt Lake City Laumalie Ma'oni'oni Free Wesleyan Church of Tonga, et al., No. 17-4054, 10th Cir., 2017 U.S. App. LEXIS 18185).



Insurer: Court Erred In Abdicating Its Duty To Exercise And Retain Jurisdiction
SAN FRANCISCO - An insurer recently argued to the Ninth Circuit U.S. Court of Appeals that none of the factors considered by a lower federal court, independently or even collectively, is sufficient to warrant its decision to stay the insurer's declaratory judgment lawsuit challenging coverage for a data breach that resulted in a $4.12 million class action settlement (Columbia Casualty Co. v. Cottage Health System, No. 16-56872, 9th Cir.).



Judge: Bank Has Right To Reimbursement From Insurer For Post-Merger Defense Costs
NEWARK, N.J. - A New Jersey federal judge on Sept. 18 found that a bank involved in a corporate merger has a right to reimbursement under a directors and officers liability insurance policy for its post-merger defense costs vis-a-vis the independent directors involved in a shareholder class action (BCB Bancorp, Inc., et al. v. Progressive Casualty Insurance Co., et al., No. 13-1261, D. N.J., 2017 U.S. Dist. LEXIS 151415).



Judge: No Directors, Officers Liability Coverage Owed For Overtime Pay Dispute
SHERMAN, Texas - A Texas federal judge on Sept. 18 adopted a magistrate's report that recommended granting an insurer's motion for summary judgment in a dispute over directors and officers liability coverage for underlying claims that the insured failed to pay overtime and improperly categorized employees as "exempt" under the Fair Labor Standards Act (ADI WorldLink, LLC v. RSUI Indemnity Co., No. 16-665, E.D. Texas, 2017 U.S. Dist. LEXIS 150505).



Judge: Insured Vs. Insured Exclusion Bars Directors, Officers Liability Coverage
LOS ANGELES - A California federal judge on Sept. 11 found that an insured vs. insured policy exclusion bars directors and officers liability insurance coverage for an underlying cross-complaint, rejecting the plaintiffs' argument that the indemnity exception to the exclusion applies to the underlying contractual indemnity claim brought against them (David Czerwinski, et al. v. Scottsdale Insurance Co., et al., No. 17-4408, C.D. Calif., 2017 U.S. Dist. LEXIS 147727).



No Professional Liability Coverage Owed For Harassment, Discrimination Claims
NEWARK, N.J. - A New Jersey federal magistrate on Sept. 14 found that professional liability insurance coverage was not triggered because underlying sexual harassment and discrimination claims do not arise out of the insured's performance of ambulance services, granting the insurer's motion for judgment on the pleadings in the insured's declaratory judgment lawsuit (Aaron Ambulance Medical Transportation Inc., et al. v. Certain Underwriters at Lloyd's, London, No. 16-04564, D. N.J., 2017 U.S. Dist. LEXIS 149409).



Underlying Suit Fails To Trigger Professional Liability Coverage, Federal Judge Says
PHILADELPHIA - A senior federal judge in Pennsylvania on Sept. 12 granted two professional liability insurers' motions for judgment on the pleadings and/or summary judgment in a coverage dispute over an underlying negligence lawsuit brought against the insureds by a national title insurance underwriting company (Fidelity National Title Insurance Co. v. Maxum Indemnity Co., et al., No. 16-1360, E.D. Pa., 2017 U.S. Dist. LEXIS 147134).



Panel Affirms Dismissal Of Law Firm's Suit Seeking Legal Fees From Clients' Insurer
CHICAGO - An Illinois appeals panel on Sept. 7 affirmed a lower court's ruling that a law firm's amended complaint against its clients' professional liability insurer fails to adequately plead claims for account stated and fraudulent misrepresentation (Law Offices of Arnold Landis, P.C., v. OneBeacon Midwest Insurance Company, No. 1-16-0079, Ill. App., 1st Dist., 4th Div., 2017 Ill. App. Unpub. LEXIS 1834).



Panel: Health Plan Provider Was Required To Allocate $350M Global Settlement
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Sept. 7 found that a health plan provider bears the burden to allocate a $350 million settlement between a potentially covered lawsuit and a noncovered lawsuit, affirming a lower court's ruling in favor of four excess insurers in a coverage dispute over the underlying indemnity and defense costs (United Health Group Inc. v. Executive Risk Specialty Insurance Co., et al., No. 15-1076, 8th Cir., 2017 U.S. App. LEXIS 17324).



Insurer, Swimwear Firm Argue Jurisdiction Of Coverage Suit To D.C. Circuit
WASHINGTON, D.C. - In briefs filed in the District of Columbia Circuit U.S. Court of Appeals, a professional liability insurer and the assignee of a deceased attorney's claims debate whether jurisdiction in a coverage declaratory judgment suit is determined by where the insurance contract was drafted or by the location of the assignee (Brit UW, Limited v. Manhattan Beachwear LLC, No. 17-7031, D.C. Cir.).



Suit Involving Tenant Rights Triggered Insurer's Duty To Defend, Judge Rules
HOUSTON - A Texas federal judge on Sept. 13 found that an underlying lawsuit alleging that an insured failed to timely negotiate a commercial lease agreement triggered an insurer's duty to defend, granting the insured's motion for summary judgment in a coverage dispute (2200 West Alabama, Inc v. Western World Insurance Co., No. 16-2244, S.D. Texas, 2017 U.S. Dist. LEXIS 148492).



Personal Profit Or Advantage Exclusion Bars Coverage, Panel Says On Remand
LANSING, Mich. - A Michigan appeals panel on Sept. 7 held that an insurance policy's personal profit or advantage exclusion applies to bar coverage for an underlying consent judgment arising from an alleged "conduit financing scheme" between charter schools (Employers Mutual Casualty Co. v. Helicon Associates, Inc., et al., No. 322215, Mich. App., 2017 Mich. App. LEXIS 1405).



Majority Reverses Dismissal Of Body Shops' Antitrust Suit Over Insurance Practices
ATLANTA - A majority of the 11th Circuit U.S. Court of Appeals on Sept. 7 reversed and remanded a lower federal court's ruling that dismissed federal antitrust claims and state tort claims against insurers in a lawsuit alleging that the insurers engaged in conduct to depress the body shops' rates for automobile repair (Quality Auto Painting Center of Roselle, Inc. v. State Farm Indemnity Company, et al., Nos. 15-14160, 15-14162, 15-14178, 15-14179 and 15-14180, 11th Cir., 2017 U.S. App. LEXIS 17318).



Products-Completed Operation Hazard Exclusion Bars Coverage, Federal Judge Rules
SPOKANE, Wash. - A Washington federal judge on Sept. 8 granted an insurer's motion for summary judgment in its 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 146716).



Claims Constitute 'Property Damage' Under CGL Policy, Insured Argues To 8th Circuit
ST. LOUIS - For the second time, an insured has asked the Eighth Circuit U.S. Court of Appeals to reverse a lower federal court's ruling in favor of a commercial general liability insurer in a coverage dispute arising from the contamination of landscaping materials with plastic from defective storage bags that were manufactured by the insured (Decker Plastics v. West Bend Mutual Insurance Co., No.17-1319, 8th Cir.).



Bankruptcy Judge Declines To Change Arbitration Order In $15M Insurance Dispute
NEW YORK - A New York bankruptcy judge on Sept. 6 refused to dismiss an order requiring a defunct brokerage company to arbitrate in Bermuda its dispute with a foreign specialty reinsurer over a $15 million policy, despite the brokerage company's argument that its liquidation plan supersedes an arbitration provision (In re: MF Global Holdings Ltd., et al., MF Global Holdings Ltd., et al. 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).



Judge Tosses Breach of Contract Suit Against Insurer Over $38.3M Defamation Verdict
LAS VEGAS - Finding that coverage for an underlying defamation lawsuit is barred by a policy exclusion, a Nevada federal judge on Sept. 6 granted with prejudice the insurer's motion to dismiss a breach of contract action arising from the underlying $38.3 million jury verdict (Bradley Stephen Cohen, et al. v. Berkley National Insurance Co., No. 17-00057, D. Nev., 2017 U.S. Dist. LEXIS 144633).



Insured, Insurer File Appeals In Coverage Dispute Arising From Ponzi Scheme
NEW ORLEANS - An insured has asked the Fifth Circuit U.S. Court of Appeals to reverse a lower court's ruling that it did not "own" its lost earnings stemming from a Ponzi scheme within the meaning of a commercial crime insurance policy while the insurer has asked the court to find that the policy's indirect loss provision and trading loss exclusion bar coverage (Cooper Industries Ltd., et al. v. National Union Fire Insurance Co. of Pittsburgh, Pa., No. 16-20539, 5th Cir.).



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.).