Mealeys

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Mealey's Insurance - Disability Claimant Provided Final Opportunity To File Summary Judgment Response
Posted on 20 Sep 2019 by Mealeys

SACRAMENTO, Calif. - A California federal magistrate judge on Sept. 17 denied a disability insurer's motion to grant summary judgment on a disability claimant's remaining claims based on the claimant's failure to file a response to the insurer's... Read More

Tags: Insurance

Mealey's Insurance - Federal Judge Reserves Ruling On Insurer's Coverage Duties For Trademark Claims
Posted on 20 Sep 2019 by Mealeys

SEATTLE - A federal judge in Washington on Sept. 17 held that an insurer has no duty to defend or indemnify its plumbing company insured under an insurance policy's businessowners liability coverage, reserving his ruling on whether an underlying trademark... Read More

Tags: Insurance

Mealey's Insurance - Applying 'Hometown Precedent,' Judge Refuses To Dismiss Claim As 'Duplicative'
Posted on 20 Sep 2019 by Mealeys

FORT MYERS, Fla. - A federal judge in Florida on Sept. 17 denied an insurer's motion to dismiss an insured's claim for declaratory relief in a Hurricane Irma coverage dispute, rejecting the insurer's reliance on a sister district court in... Read More

Tags: Insurance

Mealey's Insurance - Forum-Selection Clause Designates Pennsylvania As Proper Venue, Judge Says
Posted on 20 Sep 2019 by Mealeys

NEWARK, N.J. - A New Jersey federal judge on Sept. 18 transferred a breach of contract and bad faith suit to Pennsylvania federal court because the auto policy at issue contains a forum-selection clause that designates Pennsylvania as the venue where... Read More

Tags: Insurance

Mealey's Insurance - Husband Intended To Kill Wife; No Coverage Owed, Michigan Panel Says In Reversal
Posted on 20 Sep 2019 by Mealeys

DETROIT - A Michigan appeals panel on Sept. 17 held that "there is no other conclusion but that" a husband intended to take a knife and kill his wife, despite the fact that he was delusional, reversing and remanding a lower court's ruling... Read More

Mealey's Insurance - Insurer Seeks Reimbursement Of Costs To Defend Claims Of Damages In High School
Posted on 20 Sep 2019 by Mealeys

SACRAMENTO, Calif. - A commercial general liability insurer filed a complaint on Sept. 18 in a California federal court for declaratory relief and reimbursement of its defense for an underlying action over damages to the construction of a high school... Read More

Tags: Insurance

Mealey's Insurance - Bad Faith Claim To Proceed Against Employer's Commercial Auto Insurer, Judge Says
Posted on 19 Sep 2019 by Mealeys

SALT LAKE CITY - A bad faith claim alleged against an employee's commercial auto insurer can proceed because the employee's claim qualifies as a first-party bad faith claim and not a third-party bad faith claim, a Utah federal judge said Sept... Read More

Tags: Insurance

Mealey's Insurance - Water Damage Caused By Faulty Work Did Not Occur During Subcontractor's Policy Period
Posted on 19 Sep 2019 by Mealeys

ROCHESTER, N.Y. - No coverage is afforded for water damages caused by the faulty installation of a sprinkler system by a subcontractor because the general contractor and its insurer failed to prove that the damages occurred during the applicable policy... Read More

Tags: Insurance

Mealey's Insurance - Disability Claimant's Opinions Are Not Relevant To Breach Of Contract Claim, Judge Says
Posted on 19 Sep 2019 by Mealeys

WILLIAMSPORT, Pa. - A Pennsylvania federal judge on Sept. 17 determined that a disability claimant's opinions on the handling of his claim must be excluded from trial because the claimant's opinions are not relevant to the breach of contract claim... Read More

Tags: Insurance

Mealey's Insurance - Insureds Were Entitled To Defense In Dispute Stemming From Property Contamination
Posted on 19 Sep 2019 by Mealeys

CHICAGO - An insurer had a duty to defend its insureds against an underlying dispute stemming from the environmental contamination of a property owned by the insureds because the underlying complaint against the insureds and the insurer potentially fell... Read More

Mealey's Insurance - Panel: CIGA Is Liable For Special Employee's Workers' Comp Claim
Posted on 19 Sep 2019 by Mealeys

LOS ANGELES - The California Insurance Guarantee Association (CIGA) is liable for a workers' compensation claim as a covered claim, the Second District California Court of Appeal, Division I, held Sept. 18, annulling a Workers' Compensation Appeals... Read More

Mealey's Insurance - Judge: Clinic Vice President Liable For Unjust Enrichment From Insurance Proceeds
Posted on 19 Sep 2019 by Mealeys

ORLANDO, Fla. - A federal judge in Florida on Sept. 16 granted in part an insurance company's motion for summary judgment, finding that while it presented sufficient evidence showing that a nonphysician vice president of a chiropractic clinic was... Read More

Mealey's Insurance - Judge Enters Default Judgment Against Insured In Coverage Suit Over Alleged Suicide
Posted on 18 Sep 2019 by Mealeys

ANCHORAGE, Alaska - A federal judge in Alaska on Sept. 13 granted Allstate Insurance Co.'s motion for a default judgment against its insured in its lawsuit seeking a declaration that it has no duty to indemnify him against an underlying lawsuit over... Read More

Tags: Insurance

Mealey's Insurance - Bad Faith Claim Dismissed; Assignee Failed To Allege Facts In Support Of Claim
Posted on 18 Sep 2019 by Mealeys

SYRACUSE, N.Y. - A New York federal judge on Sept. 17 dismissed an assignee's bad faith claim in an auto coverage dispute after determining that the assignee failed to present sufficient facts in support of the bad faith claim and failed to allege... Read More

Tags: Insurance

Mealey's Insurance - Health Aides Seek To Strike Reinsurer's Pleading For Failure To Post Security
Posted on 18 Sep 2019 by Mealeys

BROOKLYN, N.Y. - Home health aides ask a New York federal court in a Sept. 13 reply to strike a captive reinsurer's motion to dismiss their lawsuit accusing the reinsurer and affiliates of a scheme to cheat the aides out of lost wages and benefits... Read More