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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®


Company: Insurer Owes Coverage For Fraudulent Email That Led To Financial Loss
SAN FRANCISCO - A company that was the victim of fraud by way of email has asked the Ninth Circuit U.S. Court of Appeals to reverse a lower court's decision and find that an insurer must provide coverage under the terms of a policy regarding losses by computer fraud (Aqua Star [USA] Corp. v. Travelers Casualty and Surety Company of America, No. 16-35614, 9th Cir.).

Sewage Is A Pollutant; Coverage Is Barred, Insurer Argues In 11th Circuit Brief
ATLANTA - An Alabama federal judge erred in finding that coverage is provided for two underlying lawsuits alleging injuries from sewage exposure because a total pollution exclusion is not limited to traditional industrial or environmental pollution and bars coverage, an insurer argues in its June 8 reply brief filed in the 11th Circuit U.S. Court of Appeals (Evanston Insurance Co. v. J&J Cable Construction LLC, et al., No. 17-11188, 11th Cir.).

Warehouse Owner: Insurer Failed To Establish Personal Jurisdiction In Illinois
CHICAGO - An insurer attempting to prove general jurisdiction must make a prima facie showing under Illinois law and must satisfy federal due process, and it failed to do both, the owner of a Michigan collapsed warehouse claims in its reply brief filed April 26 in the Illinois Supreme Court (Aspen American Insurance Co. v. Interstate Warehousing, Inc., No. 121281, Ill. Sup.).

Insurer: Request For EUO Does Not Violate Kentucky's Motor Vehicle Reparations Act
FRANKFORT, Ky. - An insurer has asked the Kentucky Supreme Court to reverse a lower court's finding that its request for an examination under oath (EUO) was inappropriate because it defeated the purpose of Kentucky's Motor Vehicle Reparations Act (MVRA) (State Farm Mutual Automobile Insurance Co. v. Roniesha Adams, f/k/a Roniesha Sanders, No. 2015-SC-000366-D, Ky. Sup.).

Insurer Breached Contract When It Denied Death Benefit, Widow Tells 5th Circuit
NEW ORLEANS - A widow who seeks death benefits from an insurance company recently filed a brief in the Fifth Circuit U.S. Court of Appeals contending that a district court erred when it granted the insurer summary judgment on her breach of contract claim (Gloria Wells v. Minnesota Life Insurance Company, No. 16-20831, 5th Cir.).

Insureds Challenge Choice Of New York Law In Superstorm Sandy Coverage Dispute
PHILADELPHIA - Insureds have asked the Third Circuit U.S. Court of Appeals to reverse a lower federal court's ruling that granted an insurer's motion to compel arbitration in their breach of contract and bad faith lawsuit arising from Superstorm Sandy damage, arguing that New Jersey law applies (Fin Associates, et al. v. Hudson Specialty Ins. Co., 16-3541, 3rd Cir.).

Cause Of Roof Collapse At Issue In Insurer's Appeal Of Claims' Dismissal
CINCINNATI - Whether a shopping mall developer should pay damages on an insurer's counterclaims that the developer's breach of its lease with a sporting goods retailer caused the retailer's merchandise to be ruined when a roof failed in a rainstorm was debated recently by the developer and the insurer in the Sixth Circuit U.S. Court of Appeals (Developers Diversified of Tennessee, Inc. v. Tokio Marine & Fire Insurance Co., 16-6615, 6th Cir.).

Reinsurer: Insurer Is Not Entitled To Judgment On Reimbursement, Allocation
SYRACUSE, N.Y. - In a breach of contract dispute over asbestos coverage, a reinsurer opposes in separate briefs filed on May 24 an insurer's request to a New York federal court for summary judgment on reimbursement and allocation issues (Utica Mutual Insurance Co. v. Munich Reinsurance America Inc., No. 12-cv-00196, Munich Reinsurance America Inc. v. Utica Mutual Insurance Co., No. 13-cv-00743, N.D. N.Y.).

Coverage Barred For Construction Defects Claims, Insurer Says In Complaint
TAMPA, Fla. - No coverage is owed for an underlying suit seeking damages as a result of water intrusion and other construction defects because coverage is barred for the underlying claims by exclusions for mold, pollution and impaired property, an insurer claims in a May 24 complaint filed against its insured in Florida federal court (Mid-Continent Casualty Co. v. Mobley Homes Florida LLC, No. 17-1232, M.D. Fla.).

Insured Says Coverage Owed For Damages Caused By Water Intrusion
SEATTLE - An insured condominium complex is owed coverage for hidden damages caused by water intrusion discovered at a number of its condominium buildings, the insured claims in a May 26 complaint filed in Washington federal court (Milestone Condominium Association v. State Farm Fire and Casualty Co., et al., No. 17-832, W.D. Wash.).

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.).

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.).

Insured Says Ohio Supreme Court Should Refuse To Review Asbestos Occurrence Ruling
CINCINNATI - The Ohio Supreme Court should refuse to review an appellate court's ruling that an insured's liability for underlying asbestos claims arose from multiple occurrences because the appellate court correctly determined that each individual's exposure to asbestos constitutes an occurrence, an insured maintains in an April 24 response to an insurer's petition for review (The William Powell Co. v. OneBeacon Insurance Co., et al., No. 2017-0411, Ohio Sup.).

Appellant: Disability Policies' Benefits Should Continue Until Death
NEW ORLEANS - A jury should be allowed to determine whether an insured deemed permanently disabled after an accident is entitled to lifetime benefits under two disability income policies, the insured argues in his appellant reply brief filed April 21 in the Fifth Circuit U.S. Court of Appeals (David M. Cox v. Provident Life and Accident Insurance Company, No. 16-60831, 5th Cir.).

Parties Dispute Coverage For Stolen Pharmaceuticals Before 3rd Circuit
PHILADELPHIA - An insurer and transportation-related companies recently submitted their arguments before the Third Circuit U.S. Court of Appeals as to whether the insurer was entitled to damages for the theft of a shipment of stolen pharmaceuticals under the Carmack Amendment to the Interstate Commerce Act (ICSA) (AXA Corporate Solutions Assurance v. Great American Lines et al., 16-3668, 3rd Cir.).

Appellant Says 11th Circuit Should Reverse Ruling On Force-Placed Insurance
ATLANTA - The 11th Circuit U.S. Court of Appeals should reverse and remand a district court's ruling that the filed-rate doctrine bars claims by mortgagors alleging that their mortgage servicer wrongfully took rebates from force-placed insurers because the filed-rate doctrine does not apply to force-placed insurance policies in Florida, the appellants maintain in a May 26 reply brief (Richard Fowler, et al. v. Caliber Home Loans Inc., et al., No. 16-16585, 11th Cir.).

Magistrate Judge Allows In Part Documents On Asbestos Losses In Reinsurance Dispute
BOSTON - Granting in part a reinsurer's request for documents relating to an insurer's allocation of an insured's asbestos losses to its reinsurers, a Massachusetts federal magistrate judge on May 26 ordered the insurer to produce facultative certificates for a few similarly situated reinsurers (Lamorak Insurance Co. v. Everest Reinsurance Co., No. 15-cv-13425, D. Mass.).

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.).

California High Court Is Set To Rule On Coverage For Molestation Suit
SAN FRANCISCO - An employer in an April 10 reply brief urges the California Supreme Court to find that claims against an employer for negligent hiring, retention and supervision of its employee qualify as an "occurrence" under the employer's commercial general liability (CGL) policy and that an "accident" can include unintended consequences of the employer's intentional acts (Liberty Surplus Insurance Corporation, et al. v. Ledesma and Meyer Construction Company, Inc., et al., No. S236765, Calif. Sup.).

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.).

Estate: Court Erred In Ruling Work-Related Death Not Covered By Policy
CINCINNATI - The estate of a man who died in a work-related incident argues that the Sixth Circuit U.S. Court of Appeals should reverse a decision by a district court that held that an insurer did not breach its contract when it denied the family of the deceased man coverage (The Estate of Jeffrey Lynn Filek v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 16-2517, 6th Cir.).

Excess Insurer Appeals Ruling In Suit Over $6.7M Construction Defects Settlement
DENVER - An excess insurer has asked the 10th Circuit U.S. Court of Appeals to reverse a lower federal court's ruling in favor of a primary commercial general liability insurer in a dispute over coverage for an underlying $6.7 million settlement over construction defects claims against a ski area developer insured (Federal Insurance Co. v. National Union, No. 16-1438, 10th Cir.).

Parties Debate Policy Language At 11th Circuit In Death Benefit Lawsuit
ATLANTA - Attorneys for a woman and an insurance company in May 19 oral arguments debated before the 11th Circuit U.S. Court of Appeals the language in a life insurance policy and whether it supported a widow's claim for $2.25 million in benefits and whether her lawsuit was untimely filed. The attorneys also disputed whether the policy benefit was properly denied based on disputed evidence the insurer said showed that the deceased had committed suicide (Melinda Webb v. Liberty Life Assurance Company, No. 14-565, 11th Cir.).

Insurer: Government Misinterprets Law In ACA Risk-Corridor Spat
WASHINGTON, D.C. - The government attempts to muddle how its obligations form in attempting to dispel a case alleging underpayment under the Patient Protection and Affordable Care Act (ACA) risk-corridor program, an insurer told a federal judge May 15 (Health Republic Insurance Co. v. The United States of America, No. 16-259, Fed. Clms.).

United States Tells Court ACA Risk Corridor Isn't Open-Ended Liability
WASHINGTON, D.C. - The Patient Protection and Affordable Care Act (ACA) risk corridors are not now and were never intended to be an unlimited source of funds for covering insurers' losses, as the text and history of the law make clear, the United States told a federal appeals court on April 24 (Land of Lincoln Mutual Health Insurance Co. v. The United States of America, No. 17-1224, Fed. Cir.).

Coverage Provisions, Exclusions Are Ambiguous, Appellant Argues To 8th Circuit
ST. LOUIS - A man who was acquitted of a crime after spending eight months in prison has asked the Eighth Circuit U.S. Court of Appeals to reverse a lower federal court's finding that a homeowners insurer has no duty to cover a $500,000 judgment in his favor stemming from his malicious prosecution and abuse-of-process claims against its insured (Farmers Insurance Co v. Robert Frederickson, No. 16-4214, 8th Cir.).

Insured: Insurer Is Liable Under 'Collapse' Provisions For Hidden Decay Damages
SEATTLE - An insured has asked the Ninth Circuit U.S. Court of Appeals to reverse a lower federal court's ruling that an insurer is not liable for damage to apartments from hidden decay under its policies' "collapse" provisions (American Economy Insurance Co. v. CHL, LLC, No. 16-35606, 9th Cir.).

Injured Attorney Says Trial Court Erred In Trial Of His Underinsured Motorist Case
PHILADELPHIA - A plaintiff-attorney who was injured in a rear-end car accident on Feb. 21 told the Third Circuit U.S. Court of Appeals that a trial court erred in allowing a jury to decide if he was injured and in admitting financial records from his practice (Richard C. Angino, et al. v. The Cincinnati Insurance Company, No. 16-4063, 3rd Cir.).