Proponents Of Pittsburgh Corning Reorganization Plan Object To More Discovery

PITTSBURGH - Proponents of the Chapter 11 reorganization plan of Pittsburgh Corning Corp. (PCC) on June 4 filed a brief in the U.S. Bankruptcy Court for the Western District of Pennsylvania objecting to a motion filed by two insurance companies that seek a case management order (CMO) to conduct discovery...

2nd Circuit Rules On Class Representative's Article III Standing

NEW YORK - A Connecticut woman may proceed with a class complaint over title insurance rates against the company she dealt with only, not the other subsidiaries that she alleges also overcharged their customers, the Second Circuit U.S. Court of Appeals ruled June 25, affirming a trial court ruling (...

Magistrate Refuses To Allow Early Discovery In Directors, Officers Coverage Suit

SIOUX CITY, Iowa - An Iowa federal magistrate judge on July 11 denied a motion by the Federal Deposit Insurance Corp., as receiver of an insured bank, for early discovery in a directors and officers coverage dispute ( Progressive Casualty Insurance Company v. Federal Deposit Insurance Corporation, et...

1st Circuit Reverses Dismissal Of Class Action Suit Over Force-Placed Insurance

BOSTON - A 2-1 panel of the First Circuit U.S. Court of Appeals on Sept. 21 overturned a federal judge in Massachusetts' ruling dismissing a class action suit against Bank of America N.A. regarding its decision to thrice purchase a force-placed flood insurance policy for a woman because it is unclear...

Magistrate: Wells Fargo's Flood Insurance Practices Comply With Law, Contracts

SAN FRANCISCO - A California federal magistrate judge on Oct. 30 found that a group of homeowners' claims that their mortgagee improperly forced them to maintain excessive flood insurance coverage failed because both the respective deeds of trust and federal law permit a lender to require flood insurance...

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...

Judge: Fixed-Rate Doctrine Does Not Bar Claims Over Force-Placed Insurance

CAMDEN, N.J. - A federal judge in New Jersey on Dec. 31 granted in part a mortgage company's motion to dismiss a class action suit stemming from its conduct related to obtaining a force-placed insurance policy for a borrower but found that the plaintiff's claims were not barred by the fixed-rate...

Judge Dismisses Class Action Alleging Scheme Involving Forced-Placed Insurance

MADISON, Wis. - A Wisconsin federal judge on Oct. 25 dismissed a class action lawsuit alleging that mortgage lenders and insurers fraudulently force-placed hazard insurance policies (Colleen Decambaliza v. QBE Holdings Inc., et al., No. 13-cv-286-bbc, W.D. Wis.; 2013 U.S. Dist. LEXIS 153392).

Panel: Professional Services Exclusion Bars Coverage For Claims Against Broker

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 21 affirmed a lower federal court's ruling that underlying claims against a securities broker-dealer insured and its president are precluded from coverage by a professional services exclusion in a directors and officers and private company...

Judge Refuses To Certify Class Over Force-Placed Hazard, Flood Insurance

SACRAMENTO, Calif. - A federal judge in California on Dec. 11 refused to certify a class for nationwide borrowers and subclasses for California and New York consumers over SunTrust Mortgage Inc.'s purchase of force-placed hazard and flood insurance policies, finding that calculating the replacement...