insurance on building

Gecko lizard on car

tree damage to house

Mealey's Insurance - Former Mineworkers Look To Sue W.R. Grace Insurer For Negligence, Bad Faith

WILMINGTON, Del. - Two men suffering from asbestos disease who worked at W.R. Grace & Co.'s mine and mill in Libby, Mont., sought authorization Oct. 21 in Delaware federal bankruptcy court to file a negligence and bad faith suit in state court against one of W.R. Grace's insurers, even though...

Mealey's Insurance - Oklahoma High Court: Self-Insurance Group Immune From Bad Faith Tort Claims

OKLAHOMA CITY - A state trial court erred in determining that a multicounty self-insurance group is an insurer for all purposes and is not entitled to sovereign immunity from a tort claim, the Oklahoma Supreme Court ruled Oct. 21 in a split opinion (Board of County Commissioners of Delaware County, et...

Mealey's Insurance - Judge Says Court Lacks Jurisdiction To Confirm Arbitration Award

BOSTON - A federal judge in Massachusetts on Oct. 21 denied a petition to confirm an arbitration award because the Federal Arbitration Act (FAA, 9 U.S. Code Section 9) does not give the court jurisdiction over an award that dealt with one of many issues when the parties had not first agreed to the bifurcation...

Mealey's Insurance - Insured Failed To State A Claim In Insurance Bad Faith Suit, Judge Rules

LOUISVILLE, Ky. - A federal judge in Kentucky on Oct. 21 ruled that dismissal of an insured's unfair claims settlement practices claim against a disability insurance insurer is proper because an insured failed to plead any facts to support her claim (Jo Anderson v. Standard Insurance Co., No. 14...

Mealey's Insurance - Panel Affirms Dismissal Of Telemarketer's Negligence, Vicarious Liability Claims

AKRON, Ohio - An Ohio appeals panel on Oct. 22 affirmed a lower court's dismissal of a telemarketing corporation's negligence, breach of fiduciary duty and vicarious liability claims against an insurer and an insurance agency (Infocision Management Corp. v. Michael D. Sammy Insurance Agency,...

Mealey's Insurance - Stored Communications Act Requires User's Lawful Consent, Appeals Panel Rules

SAN JOSE, Calif. - A trial court erred in imputing an email user's consent and denying his motion to quash a discovery subpoena directed at production of his email messages from Google Inc., a California appeals panel held Oct. 21, ruling that the man's lawful consent was required prior to production...

Mealey's Insurance - Judge Finds Interim ACA Accommodation Rule Unsatisfactory, Enjoins Mandate

MIAMI - The newly issued rule allowing Patient Protection and Affordable Care Act (ACA) contraceptive mandate objectors to notify the government rather than third-party administrators is sufficiently similar to the original unsatisfactory process to warrant enjoining it, a Florida federal judge held...

Mealey's Insurance - Judge: Professional Services Exclusion Bars Insurance Coverage For Faulty Work

ATLANTA - A professional services exclusion precludes coverage for claims against an insured for negligent construction and breach of contract, a Georgia federal judge ruled Oct. 28, finding that an insurer has no duty to defend or indemnify (Auto-Owners Insurance Co. v. The Unit Owners Association of...

Mealey's Insurance - Judge: Insured Vs. Insured Exclusion Bars Directors And Officers Liability Coverage

CHICAGO - A directors and officers liability insurance policy's "insured versus insured" exclusion precludes coverage for a bank's breach of fiduciary lawsuit seeking more than $3 million from its former president, CEO and chairman, an Illinois federal judge ruled Oct. 28, granting...

Mealey's Insurance - Insured's Claim Must Be Submitted To Arbitration, 7th Circuit Panel Says

CHICAGO - An insured's claim against its insurer for unreasonably delaying payments for underlying asbestos personal injury claims must be submitted to arbitration pursuant to a cost-sharing agreement between the insured and the insurer, the Seventh Circuit U.S. Court of Appeals said Oct. 28 (Hennessy...

Mealey's Insurance - Disability Plan Is Not Church Plan Exempt From ERISA, Federal Judge Rules

LOUISVILLE, Ky. - A disability plan sponsored by a hospital that is associated with a church is not exempt from the Employee Retirement Income Security Act as a "church plan" because the hospital's principal purpose is not the administration of the benefits plan, a federal judge in Kentucky...

Mealey's Insurance - Judge Allows Medicare False Claims To Continue, Dismisses Conspiracy Claim

BOSTON - A federal judge in Massachusetts on Oct. 27 held that a plaintiff in a qui tam action alleging that a pharmaceutical manufacturer schemed to submit false claims for reimbursement to government programs, including Medicare, sufficiently pleaded facts to support his claims, except one for conspiracy...

Mealey's Insurance - Biomet Pays $6M To Settle Bone Growth Stimulator Whistle-Blower Case

BOSTON - Biomet Inc. and its parent company have agreed to pay $6.07 million to resolve False Claims Act allegations that Biomet paid kickbacks to health care providers to prescribe the company's bone growth stimulators, the U.S. attorney for the District of Massachusetts announced Oct. 29 (United...

Mealey's Insurance - Defendant In Bad Faith Suit Not Insurer Under Policy, Judge Rules

NEWARK, N.J. - Dismissal of an insurance breach of contract and bad faith lawsuit is proper because an insured failed to show that the defendant was the insurer on her property insurance policy, a federal judge in New Jersey ruled Oct. 27 (Elaine Klein v. Hanover Insurance Co., No. 14-1055, D. N.J.;...

Mealey's Insurance - Federal Judge Remands Suit To Plan Administrator To Calculate Monthly Benefits

MINNEAPOLIS - A Minnesota federal judge on Oct. 27 remanded a disability benefits suit to the plan administrator after learning that the disability insurer never calculated a claimant's monthly benefit amount (Michael Werb v. ReliaStar Life Insurance Co., No. 13-669, D. Minn.; 2014 U.S. Dist. LEXIS...

Mealey's Insurance - Insured Did Not Have A Contractual Relationship With Reinsurer, N.Y. Court Says

NEW YORK - Because an insured did not have a contractual relationship with the reinsurer of its insurer, the insured's claims against the reinsurer and its claims adjuster must be dismissed, the First Department New York Supreme Court Appellate Division said Oct. 28 (OneBeacon America Insurance Co...

Mealey's Insurance - Panel: Contractual Liability Does Not Bar Coverage For Damage Caused By Insured

NEW ORLEANS - Under Texas law, a contractual liability exclusion under a commercial general liability policy does not preclude coverage for an arbitration award entered against an insured regarding property damages sustained by homeowners, the Fifth Circuit U.S. Court of Appeals held Oct. 29, reversing...

Mealey's Insurance - Insureds Not Required To Give Sinkhole Report To Insurer, Panel Concludes

LAKELAND, Fla. - An insurance policy did not require insureds to provide a report regarding their sinkhole claim to their insurer unless they had the report at the time of the claim, but before the insurer denied it, a Florida appeals panel held Oct. 29, reversing the final summary judgment in favor...

Mealey's Insurance - New York Justice Asks For Input On Possible Liquidation Of Insolvent Insurer

NEW YORK - A New York justice on Oct. 27 issued an order to show cause why Eveready Insurance Co. should not be placed into liquidation (In the Matter of the Eveready Insurance Company, No. 160307/2014, N.Y. Sup., New York Co.).

Mealey's Insurance - Florida Judge Finds Revised ACA Mandate Opt-Out Rule Still Requires Injunction

MIAMI - Having Patient Protection and Affordable Care Act (ACA) contraceptive mandate challengers notify the government does not warrant a change in outcome from cases decided under the previous rule, which had them notify third-party administrators, a Florida federal judge held Oct. 28 (Ave Maria School...

Mealey's Insurance - Wells Fargo Ordered To Supplement Discovery In Mortgage Dispute

RENO, Nev. - Although a Nevada federal magistrate judge found no need to redepose defense witnesses in a mortgagor's lawsuit regarding the foreclosure of her home, in an Oct. 27 order he directed Wells Fargo Bank N.A. to supplement certain interrogatories and document productions (Linda Downs v....

Mealey's Insurance - Judge Again Denies Dismissal Of Claims In Bad Faith Suit

BATON ROUGE, La. - A federal judge in Louisiana refused to dismiss an insurance breach of contract and bad faith lawsuit on Oct. 28, ruling that a successor in interest for an insured has properly pleaded each of its claims (AMEC Construction Management Inc. Fireman's Fund Insurance Co., No. 13-0718...