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Mealey's Insurance - Homeowners Insurer Did Not Act In Bad Faith In Denying 2 Claims
Posted on 14 Feb 2020 by Mealeys

SOUTH BEND, Ind. - A homeowners insurer did not act in bad faith in denying coverage for the replacement of electrical wiring and a kitchen floor in the insured's home incurred after a tree fell on the home during a storm because the homeowner failed... Read More

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Mealey's Insurance - Employee Benefit Plan Administrators Deny Failing To Obtain Reinsurance
Posted on 14 Feb 2020 by Mealeys

SANTA ANA, Calif. - The third-party administrators for a self-insured employee benefit plan in a Feb. 13 answer in a California federal case deny trucking companies' allegations that they negligently failed to obtain reinsurance coverage for the plans... Read More

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Mealey's Insurance - STD Benefits Properly Terminated As Claimant Was No Longer An Employee
Posted on 14 Feb 2020 by Mealeys

ANNISTON, Ala. - An Alabama federal judge on Feb. 12 denied a disability claimant's motion for judgment after determining that the claimant's short-term disability (STD) benefits were properly terminated when the claimant was removed from his... Read More

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Mealey's Insurance - Magistrate Judge Refuses To Disqualify Insurer's Law Firm In Fraud Suit
Posted on 14 Feb 2020 by Mealeys

NEW YORK - A federal magistrate judge in New York in Feb. 12 refused to disqualify attorneys and a law firm representing an insurer that is accusing a compounding pharmacy and its pharmacists of submitting claims for medically unnecessary medications... Read More

Mealey's Insurance - Judge Stays ERISA Case Pending U.S. High Court Ruling On Standing Issue
Posted on 14 Feb 2020 by Mealeys

BROOKLYN, N.Y. - A federal judge in New York on Feb. 13 stayed a lawsuit accusing a captive reinsurer and home health employers of a scheme to cheat home health aides out of lost wages and benefits pending the U.S. Supreme Court's decision in a case... Read More

Mealey's Insurance - Indiana Appellate Panel Sends Bad Faith Lawsuit Back To Trial Court
Posted on 14 Feb 2020 by Mealeys

INDIANAPOLIS - An Indiana trial court erred in holding that an insurer does not owe a duty of good faith and fair dealing to an insured who is not the policyholder because the insured has sufficiently shown that such a duty exists under the three-prong... Read More

Mealey's Insurance - Court Approves $8.12M Settlement Over Claims In Insurer's Liquidation
Posted on 13 Feb 2020 by Mealeys

AUSTIN, Texas - A Texas court on Feb. 10 approved a $8.12 million settlement providing a three-way resolution of claims asserted by a special deputy receiver (SDR) for Capson Physicians Insurance Co. (CPIC), affiliates of CPIC and a fronting program's... Read More

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Mealey's Insurance - Louisiana Federal Judge Says Question Of Fact Exists On Amount Of Insureds' Damages
Posted on 13 Feb 2020 by Mealeys

MONROE, La. - A Louisiana federal judge on Feb. 11 denied a motion for summary judgment filed by a homeowners insurer after determining that a question of fact exists as to the amount of damages sustained by the insured as a result of water damage and... Read More

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Mealey's Insurance - Federal Judge Remands UCL Suit Against H&R Block Involving Free File Tax Program
Posted on 13 Feb 2020 by Mealeys

LOS ANGELES - A federal judge in California on Feb. 11 granted California's motion to remand its lawsuit alleging that H&R Block Inc. engaged and continues to engage in unfair, fraudulent and deceptive business practices in violation of California's... Read More

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Mealey's Insurance - Insurer Seeks Equitable Subrogation, Contribution For Construction Defect Case
Posted on 13 Feb 2020 by Mealeys

CHICAGO - An insurer on Feb. 11 sued two subcontractor insurers in an Illinois federal court for equitable subrogation and equitable contribution regarding their duty to defend and indemnify a general contractor in a construction defect case involving... Read More

Mealey's Insurance - Interested Party Objects To Insolvent Insurer's Subpoena Of Bank Accounts
Posted on 13 Feb 2020 by Mealeys

WEST PALM BEACH, Fla. - In a Florida bankruptcy proceeding, an interested party on Feb. 7 objected to a subpoena of bank accounts belonging to the party because the information sought relates only to an insolvent insurer's fraudulent transfer claims... Read More

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Mealey's Insurance - Parties: Error In Denial Of Qualified Immunity Defense To Freedom Of Expression Claim
Posted on 13 Feb 2020 by Mealeys

SAN JUAN, Puerto Rico - Puerto Rico's insurance commissioner and an auxiliary rehabilitator argue in a Feb. 7 motion that a Puerto Rico federal judge erred in refusing to dismiss a freedom of expression claim filed by an insolvent insurer's former... Read More

Mealey's Insurance - Flood, Irma Suits Dismissed Against Wright National In Florida Federal Court
Posted on 13 Feb 2020 by Mealeys

KEY WEST, Fla. - In the third dismissal order against the same Write-Your-Own insurer in the same federal court in four days, U.S. Judge Jose E. Martinez for the Southern District of Florida on Feb. 7 dismissed with prejudice a Hurricane Irma coverage... Read More

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Mealey's Insurance - Bad Faith Claim To Proceed Against Auto Insurer, Federal Magistrate Judge Says
Posted on 13 Feb 2020 by Mealeys

PITTSBURGH - A Pennsylvania federal magistrate judge on Feb. 10 denied an auto insurer's motion for partial summary judgment on a bad faith claim alleged by an insured after determining that the insurer failed to meet its burden of proving that there... Read More

Tags: Insurance

Mealey's Insurance - Insured Failed To Offer Proof Of Damages Caused By Alleged Bad Faith Conduct
Posted on 13 Feb 2020 by Mealeys

SALT LAKE CITY - A bad faith claim alleged against an auto insurer cannot proceed because the insured failed to offer any evidence that he was damaged as a result of the insurer's alleged breach of the implied covenant of good faith and fair dealing... Read More

Tags: Insurance