Mealeys

Recent Posts

Mealey's Insurance - Judge Limits Expert's Testimony About Fraud Defendant's Prescribing Habits
Posted on 17 Jul 2019 by Mealeys

BIRMINGHAM, Ala. - A federal judge in Alabama on July 15 granted in part a motion to exclude testimony from an insurance fraud defendant's expert regarding state-specific standards on the prescribing of opioids, finding that the doctor had not reviewed... Read More

Tags: Insurance

Mealey's Insurance - School District Coverage Suit Arising From Harassment, Retaliation Claims Dismissed
Posted on 17 Jul 2019 by Mealeys

PINE BLUFF, Ark. - A federal judge in Arkansas on July 12 held that a math teacher's Equal Employment Opportunity Commission charge and subsequent lawsuit alleging sexual harassment and retaliation constitute a single claim that was "first made"... Read More

Tags: Insurance

Mealey's Insurance - Judge Says Insurer Owes Defense For Defects Case But Stays Indemnity Issue
Posted on 17 Jul 2019 by Mealeys

JACKSONVILLE, Fla. - A commercial general liability insurer has a duty to defend an additional insured in a construction defects case, a Florida federal judge ruled July 12; however, the judge stayed the issue of the insurer's duty to indemnify (Auto... Read More

Mealey's Insurance - Excess Policy's Pollution Exclusion Does Not Bar Coverage For Oil Spill
Posted on 17 Jul 2019 by Mealeys

LAKE CHARLES, La. - An excess insurer's pollution exclusion cannot be applied as a bar to coverage for an oil spill because the excess policy follows form to an underlying policy that does not include a pollution exclusion, a Louisiana federal judge... Read More

Mealey's Insurance - Federal Judge Denies Insured's Motion To Dismiss Asbestos Coverage Suit
Posted on 17 Jul 2019 by Mealeys

GREENSBORO, N.C. - A North Carolina federal judge on July 16 denied an insured's motion to dismiss an insurer's suit seeking a declaration regarding its coverage obligations for underlying asbestos personal injury suits, rejecting the insured's... Read More

Tags: Insurance

Mealey's Insurance - 9th Circuit: Insurer Breached Contract When It Denied Coverage Under War Exclusions
Posted on 17 Jul 2019 by Mealeys

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on July 12 reversed a lower federal court's finding that war exclusions in a motion picture/television producers portfolio insurance policy bar coverage for the expenses a production company... Read More

Mealey's Insurance - No Attorney Fees Warranted; ERISA Plan Administrator Litigated Issue In Good Faith
Posted on 17 Jul 2019 by Mealeys

ATLANTA - The 11th Circuit U.S. Court of Appeals on July 15 affirmed a district court's denial of attorney fees to a plaintiff seeking coverage for "partial hospitalization" at a specialized treatment facility for anorexia after determining... Read More

Mealey's Insurance - Bifurcation Of Breach Of Contract, Bad Faith Claims In Auto Suit Not Warranted
Posted on 17 Jul 2019 by Mealeys

TUCSON, Ariz. - An Arizona federal judge on July 12 denied an insurance agent's motion to bifurcate a breach of contract claim from a bad faith claim in a dispute over coverage for an auto accident after determining that bifurcation is not warranted... Read More

Tags: Insurance

Mealey's Insurance - Disability Claimant Exhausted Lifetime Maximum For Partial Disability Benefits
Posted on 17 Jul 2019 by Mealeys

BOSTON - A Massachusetts federal judge on July 11 granted summary judgment in favor of a disability plan after determining that the plan's termination of partial disability benefits was not arbitrary and capricious because the claimant exhausted the... Read More

Tags: Insurance

Mealey's Insurance - Woman Sentenced For Using Stolen Identities As Part Of Medicaid Scheme
Posted on 17 Jul 2019 by Mealeys

NEW HAVEN, Conn. - A federal judge in Connecticut on July 12 sentenced a woman to seven months in prison and ordered her to pay $1.3 million in restitution after she pleaded guilty for her role in a scheme to submit fraudulent bills to Medicaid for psychotherapy... Read More

Tags: Insurance

Mealey's Insurance - Federal Magistrate Judge Orders Discovery On Overpayment Of Benefits Issue
Posted on 17 Jul 2019 by Mealeys

BOSTON - A Massachusetts federal judge on July 11 granted a disability claimant's motion to dismiss a disability insurer's counterclaim seeking to recover an alleged overpayment of benefits after determining that discovery on the issue of the... Read More

Tags: Insurance

Mealey's Insurance - Judge Dismisses Hurricane Irma Coverage Suit After Parties Announce Settlement
Posted on 17 Jul 2019 by Mealeys

MIAMI - A Florida federal judge July 11 dismissed an insured's coverage lawsuit arising from Hurricane Irma property damage one day after the parties announced that they reached a settlement (James Osmolinski v. Wright National Flood Insurance Company... Read More

Tags: Insurance

Mealey's Insurance - Insolvent Insurer's Owner, President Allege Violation Of Constitutional Rights
Posted on 17 Jul 2019 by Mealeys

SAN JUAN, Puerto Rico - An insolvent insurer's stock owner, its president and vice president sued the Puerto Rico insurance commissioner and others on July 11 in a federal court in Puerto Rico, alleging that defendants engaged in a civil conspiracy... Read More

Mealey's Insurance - No Excess Coverage For Insurer's Receiver's Clawback Claim, Judge Finds
Posted on 17 Jul 2019 by Mealeys

TAMPA, Fla. - Because an illegal advantage exclusion applies and a clawback claim filed by an insurer's receiver was not a claim for a "wrongful act," a Florida federal judge ruled July 12 that an excess insurer has no duty to defend or... Read More

Mealey's Insurance - 'Violation Of Any Statute' Exclusion Bars Coverage, Kentucky Majority Affirms
Posted on 17 Jul 2019 by Mealeys

FRANKFORT, Ky. - A majority of the Kentucky Court of Appeals on July 12 affirmed a lower court's ruling that an insurance policy's "violation of any statute" exclusion bars coverage for an underlying negligence lawsuit brought against... Read More