Federal Judge: Insurers Have No Duty To Defend Underlying Antitrust Class Actions

NEW YORK - Underlying antitrust lawsuits against concrete manufacturer insureds fail to allege an advertising injury under commercial general liability insurance policies, a New York federal judge ruled Aug. 3, granting the insurers' motions for summary judgment ( Suwannee American Cement LLC, et...

Judge Grants Insurer Judgment On Vessel Owner's Competition Law Claims

SAN DIEGO - A vessel owner cannot pursue restitution under the California unfair competition law (UCL), Cal. Bus. & Prof. Code § 17200 , because adequate remedy exists through a breach of contract claim and the policy's expiration moots his injunctive relief claim, a federal judge held Sept...

California Court: Installment Fee Doesn't Violate Competition Law

SAN DIEGO - An insurance company's fee for installment payments is a separate benefit from the premium for insurance coverage and is not unlawful, unfair or fraudulent under the California unfair competition law (UCL), a state appeals court panel held Dec. 13 (In re Insurance Installment Fee Cases...

Product Disparagement Claim Triggers Coverage, New York Panel Affirms

BROOKLYN, N.Y. - An insurer has a duty to defend its health product manufacturer insured against an underlying product disparagement claim, a New York appeals panel affirmed Jan. 16 (Natural Organics Inc. v OneBeacon America Insurance Co., Nos. 2011-03269 and 2011-05298, N.Y. Sup., App. Div., 2nd Dept...

Judge: Adjuster For Insurance Company Cannot Be Sued

SEATTLE - A nondiverse insurance adjuster was fraudulently joined by a couple dissatisfied with the handling of their fire claim, a Washington federal judge said in an opinion filed Jan. 22, dismissing consumer and insurance claims against the adjuster and denying remand to state court (Randy and Monica...

Judge Says Damage From Logging Mudslide Is Not Clearly Excluded

SEATTLE - A Washington federal judge has denied cross-motions for summary judgment in a case disputing a denial of insurance coverage for mudslide damage triggered by logging uphill from the damaged property, saying Jan. 22 that genuine issues of material fact exist (Frank John Mettler III, et al. v...

Court: Insurer's Low-Ball Offer For Third Party's Harms Not An Effort to Defraud

SAN DIEGO - An insurer's denial of liability and a low-ball settlement offer to an individual allegedly injured by its insured do not constitute an effort to defraud, a state court held March 18 in affirming dismissal of California unfair competition law (UCL) claims (Emanuel McCray v. Metropolitan...

Judge: Tennessee Doesn't Recognize A Cause For Common-Law Bad Faith

NASHVILLE, Tenn. - Saying that Tennessee does not recognize a common-law cause of action against an insurer for bad faith, a federal judge there dismissed an insured's counterclaims for coverage of a leaky hotel roof on May 29 (Westfield Insurance Company v. RLP Partners LLC, et al., No. 3:13-cv...

Federal Judge Approves $10.5M Settlement In Price-Fixing Suit Against Insurers, Brokers

TRENTON, N.J. - The New Jersey federal judge overseeing the insurance brokerage antitrust multidistrict litigation on Aug. 1 approved a $10.5 million settlement between insurance companies and policyholders who accused the insurers of conspiring with insurance brokers in a price-fixing scheme to inflate...

Judge: Legal Basis For Insurer's Competition Law Claims Lacking

SAN FRANCISCO - Rules governing bar members' conduct cannot form the basis of California unfair competition law (UCL) claims for unlawful conduct, and an insurer fails to tether the challenged conduct to any constitutional, statutory or regulatory provision for its unfair-prong claim, a federal judge...

California Top Court Remands Competition Law-Insurance Code Grant-And-Hold Cases

LOS ANGELES - The California Supreme Court on Sept. 11 dismissed and remanded two California unfair competition law (UCL)-insurance code interplay cases, according to its docket. The court originally issued both cases grant-and-hold status pending the outcome of Zhang v. Superior Court (No. S178542)...