LexisNexis® Legal Newsroom
Mealey's Insurance - Pennsylvania Federal Judge: Claimant Is Not Totally Disabled As Defined In Plan

PHILADELPHIA - A Pennsylvania federal judge on Feb. 2 denied a disability claimant's motion for summary judgment on the basis that the claimant did not meet the plan's definition of total disability as he has the ability to perform a sedentary job for at least 25 hours a week (Yuri Sirko v. Aetna...

Mealey's Insurance - Plan Ordered To Make Claim Decision Under 'Any Occupation' Standard

SACRAMENTO, Calif. - Because a decision was never made regarding a disability claimant's eligibility for benefits under a plan's "any occupation" standard, a California federal judge on Feb. 1 remanded the claimant's suit to the plan administrator and stayed the suit until the plan...

Mealey's Insurance - Georgia Judge Places Insurer With Insufficient Surplus Into Liquidation

ATLANTA - A Georgia judge on Feb. 1 ordered an insurer into liquidation and appointed the state's insurance commissioner as liquidator (State of Georgia, Ex. Rel., Ralph T. Hudgens, Commissioner of Insurance of the State of Georgia v. Planters & Peoples Mutual Fire Association of Fulton County...

Mealey's Insurance - 5th Circuit Panel Affirms Dismissal, Says Claimant Did Not Exhaust All Remedies

NEW ORLEANS - Because a disability claimant failed to prove that he exhausted all administrative remedies after an insurer denied a long-term disability claim, a district court did not err in dismissing the claimant's suit, the Fifth Circuit U.S. Court of Appeals said Feb. 3 (James L. Moss M.D. v...

Mealey's Insurance - Federal Judge Dismisses Extracontractual Claims In Insurance Bad Faith Suit

SHERMAN, Texas - Without providing further detail, a federal judge in Texas on Feb. 2 granted an insurer's motion to dismiss extracontractual claims in an insurance breach of contract and bad faith lawsuit (Cathy Broxterman v. State Farm Lloyds, No. 14-661, E.D. Texas; 2016 U.S. Dist. LEXIS 11824...

Mealey's Insurance - Judge: Fact Issues Exist On Additional Insured Status In Construction Defects Case

ORLANDO, Fla. - Genuine issues of material fact exist as to whether a general contractor qualified as an additional insured under a commercial general liability policy and, if so, whether the contractor satisfied the self-insured retention (SIR) endorsement in an underlying construction defects lawsuit...

Mealey's Insurance - Judge: No Waiver Of Work Product In Insurance Dispute Over Construction Defects

MINNEAPOLIS - An association and a general contractor did not waive work product protection by providing documents to their testifying expert in an insurance coverage dispute involving allegations of defective construction and management of a housing development project, a Minnesota federal judge ruled...

Mealey's Insurance - Claimant Is Entitled To Attorney Fees And Costs, Oregon Federal Judge Says

PORTLAND, Ore. - An Oregon federal judge on Jan. 31 awarded a disability claimant more than $40,000 in attorney fees because the claimant successfully proved that the insurer must reinstate her "own occupation" benefits (Sherry F. Robertson v. Standard Insurance Co., No. 14-1572, D. Ore.; 2016...

Mealey's Insurance - Federal Judge Rules In Insured's Favor In Dispute Over Underlying Defense Costs

NEW YORK - A New York federal judge held Feb. 3 that an insurer is liable for the expenses that its insured paid in defending an underlying patent infringement action minus any "additional expenses" that would not have been incurred but for the presence of three other defendants, further finding...

Mealey's Insurance - 9th Circuit Upholds Insurer's Summary Judgment In Light Of Conflicting 'Collapse' Meaning

SAN FRANCISCO - Despite the Washington Supreme Court's definition of collapse being different than one used by a district court, the Ninth Circuit U.S. Court of Appeals on Feb. 3 affirmed the entry of summary judgment to an insurer (Queen Anne Park Homeowners Association v. State Farm Fire and Casualty...

Mealey's Insurance - Judge: Insured Cannot Show $7M Settlement Stemmed From Single Occurrence

MINNEAPOLIS - An insured cannot establish coverage over a $7 million settlement because it followed an occurrence that led to property damage, a Minnesota federal judge ruled Feb. 2, also finding that material fact issues preclude the insured from establishing a right to coverage over all of the repairs...

Mealey's Insurance - 'Your Work' Exclusion Bars Insured's Faulty Work, Judge Concludes

JACKSONVILLE, Fla. - Damages from an insured's defective work that resulted in water intrusion are precluded under a "your work" exclusion, a Florida federal judge ruled Feb. 3, finding that an insurer has no duty to defend or indemnify the insured (Auto-Owners Insurance Co. v. Elite Homes...

Mealey's Insurance - Federal Judge: Insured Failed To Plead Factual Allegations In Bad Faith Suit

SHERMAN, Texas - A federal judge in Texas on Feb. 4 granted an insurer's motion for partial summary judgment in an insurance breach of contract and bad faith lawsuit because an insured has failed to state any factual allegations to support her claims (Cathy Broxterman v. State Farm Lloyds, No. 14...

Mealey's Insurance - Federal Judge Remands Insurance Dispute Over Water Damage Claim

LOS ANGELES - A California federal judge on Feb. 2 remanded for lack of subject matter jurisdiction a breach of contract and negligent misrepresentation lawsuit against an insurer and an insurance adjuster over denied coverage for property damage sustained by a water leak (Be Wicked, Inc. v. Travelers...

Mealey's Insurance - Insurer Removes Suit Alleging Failure To Disclose Asbestos Knowledge

NEW YORK - An insurer on Feb. 2 removed to a New York federal a suit in which the insurer was sued by its reinsurer for allegedly failing to disclose knowledge that the underlying insured used asbestos in its manufacturing process (R&Q Reinsurance Company v. Allianz Insurance Company, No. 16-cv-00794...

Mealey's Insurance - Liquidator Tells Court That Final Actions Have Been Taken To Close Estate

SAN FRANCISCO - The liquidator of an insolvent insurer told a California court on Feb. 2 that he had completed the court's instructions regarding the closure of the liquidation and considers himself discharged (Insurance Commissioner of the State of California v. HIH America Compensation & Liability...

Mealey's Insurance - Judge Freezes Insolvent Title Insurer's Assets

AUSTIN, Texas - A Texas judge on Feb. 2 enjoined certain parties' access to the assets of an insolvent title insurer before the parties were notified that the special deputy receiver (SDR) of the insolvent title insurer had moved for a temporary restraining order (The State of Texas v. Millennium...

Mealey's Insurance - Panel Dismisses Appeals In Fax Ad Coverage Dispute For Lack Of Jurisdiction

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Feb. 5 dismissed an insurer's appeal and an underlying claimant's cross-appeal in a coverage dispute over unsolicited fax ads, finding that the lower court's ruling failed to resolve all of the insurer's rights...

Mealey's Insurance - Magistrate Judge: Damages From Insured's Alleged Work Did Not Occur In Policy Period

PITTSBURGH - Damages from an insured's alleged faulty construction did not arise during an insurance policy's period and thus did not trigger the insurer's duty to defend, a Pennsylvania federal magistrate judge ruled Feb. 5, dismissing the insured's breach of contract and bad faith claims...

Mealey's Insurance - Judge Says Venue Is Improper, Grants Law School Insured's Motion To Transfer

NEW YORK - A New York federal judge on Feb. 4 granted a law school insured's motion to transfer a coverage dispute over claims that the insured unlawfully terminated a tenured professor (Catlin Indemnity Co. v New England Law/Boston, No. 15-4836, S.D. N.Y.; 2016 U.S. Dist. LEXIS 13607).

Mealey's Insurance - Judge Dismisses Insured's Bad Faith Counterclaim In Storm Repair Coverage Suit

FORT WORTH, Texas - An insured's counterclaims for violation of the Texas Insurance Code, bad faith and declaratory judgment fail against its insurer for denied coverage following a storm to property the insurer says was never repaired from a previous storm, a Texas federal judge ruled Feb. 5, dismissing...

Mealey's Insurance - Insurer Has No Duty To Defend 5 Claims Filed Against Insured, Federal Judge Says

SEATTLE - A Washington federal judge on Feb. 3 granted an insurer's motion for reconsideration and determined that the insurer has no duty to defend additional environmental claims based on evidence that was unavailable when the parties originally filed motions for summary judgment (The Jorgensen...

Mealey's Insurance - 9th Circuit: No Directors, Officers Coverage For Mortgage-Backed Securities Claims

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 8 upheld a federal court's ruling that there is no directors and officers liability coverage for underlying lawsuits alleging that the insured committed misrepresentations and omissions in the sale of approximately $120 million of...

Mealey's Insurance - Federal Judge Dismisses Suit, Says Companies Are Not Insureds Under Policies

BOSTON - A Massachusetts federal judge on Feb. 5 dismissed a lawsuit filed by the state's insurance insolvency fund seeking to recover for asbestos claims paid on behalf of two insolvent insurers after determining that the two companies are not named insureds as they did not assume the past or future...

Mealey's Insurance - 6th Circuit: Evidence Supported Woman's Conviction For Aiding And Abetting Fraud

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Feb. 5 affirmed an Ohio federal judge's decision to deny a woman's request for acquittal and new trial after she was found guilty of four counts of aiding and abetting health care fraud and four counts of aiding and abetting aggravated...