Insurance Law

Recent Posts

Auto Insurance Telematics Data Privacy And Ownership
Posted on 29 Jul 2015 by Mealeys

By Frederick J. Pomerantz and Aaron J. Aisen Introduction Data collection is the new normal in the 21st century. This extends from search engines to social media to consumer shopping habits. This also includes monitoring driving behavior and auto... Read More

Judge Denies Discovery Of Insurer's Claim File In Bad Faith Case
Posted on 18 Dec 2012 by Mealeys

BATON ROUGE, La. - Affirming a magistrate's earlier ruling, a Louisiana federal judge on Dec. 13 found that two plaintiffs failed to demonstrate a need for discovery of their automobile insurer's claim file and that they did not cite any legal... Read More

Tags: Insurance

Illinois Panel: No Coverage For Claims That Meat Producer Illegally Used Hormones
Posted on 13 May 2013 by Mealeys

CHICAGO - The First District Illinois Appellate Court, Fifth Division, on May 10 affirmed a lower court's ruling that an insurer has no duty to defend its meat-producing insured against federal criminal allegations that it illegally used hormones... Read More

Tags: Insurance

Lack Of Legal Authority For Bad Faith Claim Leads 10th Circuit To Affirm Judgment
Posted on 27 Mar 2012 by Mealeys

DENVER - An Oklahoma couple failed to offer legal authority or sufficiently developed arguments to support most of their bad faith assertions against their insurer, a 10th Circuit U.S. Court of Appeals panel ruled March 23, affirming summary judgment... Read More

Tags: Insurance

Judge: World Trade Center Properties Must Establish Legally Recoverable Damages
Posted on 29 Nov 2012 by Mealeys

NEW YORK - World Trade Center Properties LLC and its holding companies must establish legally recoverable tort damages exceeding their insurance payments before they can seek recovery of any subrogated insurers' settlement proceeds of the $1.2 billion... Read More

Tags: Insurance

No Coverage Owed For Alleged Collection Of Illegal Fees, S.C. Federal Judge Says
Posted on 13 Sep 2012 by Mealeys

COLUMBIA, S.C. - No coverage is owed to an insured car dealership for an underlying suit alleging that the dealership collected illegal administrative fees because the auto dealers errors and omissions liability (ADEOL) endorsement provides coverage only... Read More

Tags: Insurance

Federal Judge: Law Firm's Loss From Alleged Phishing Scam Potentially Covered
Posted on 10 Apr 2013 by Mealeys

CLEVELAND - An Ohio federal judge on April 8 refused to dismiss a law firm insured's declaratory judgment and breach of contract claims against its legal malpractice insurer in a coverage dispute arising from an alleged phishing scam but granted the... Read More

Tags: Insurance

Judge: Underlying Claims Are Not Based On Providing Legal Services; No Coverage
Posted on 8 Apr 2013 by Mealeys

OAKLAND, Calif. - Underlying complaints against an attorney insured do not create the potential for coverage under a lawyers' professional liability insurance policy because they are not based on providing legal services, a California federal judge... Read More

Tags: Insurance

Federal Judge Refuses To Stay Arbitration Arising From Legal Malpractice Claims
Posted on 24 Jan 2013 by Mealeys

HOUSTON - A Texas federal judge on Jan. 23 denied a professional liability insurer's emergency motion to stay an arbitration proceeding between its law firm insured and an underlying claimant, one month after ruling that the insurer has a duty to... Read More

Tags: Insurance

Participant Time-Barred From Challenging Benefit Termination, 1st Circuit Says
Posted on 5 Sep 2012 by Mealeys

BOSTON - The limitations period for filing a legal claim provided in a disability plan bars a participant's claim for reinstatement of benefits under the Employee Retirement Income Security Act, the First Circuit U.S. Court of Appeals affirmed Aug... Read More

Tags: Insurance