Mealeys

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Mealey's Insurance - Insurer's Receiver Seeks To Dismiss 4th Circuit Appeals Over Report On RICO Claims
Posted on 15 Oct 2019 by Mealeys

GREENVILLE, S.C. - A special deputy receiver in an Oct. 10 motion asks to dismiss appeals with the Fourth Circuit U.S. Court of Appeals for lack of jurisdiction over a South Carolina federal magistrate judge's report, recommending denial of summary... Read More

Tags: Insurance

Mealey's Insurance - Reinsurers: Discovery Issue On Allocation Of Settlement Has Already Been Decided
Posted on 15 Oct 2019 by Mealeys

BOSTON - A group of reinsurers argue in an Oct. 10 opposition brief that a Massachusetts federal court should deny an insurer's motion to compel production of documents and interrogatory responses relating to their allocation and billing of their... Read More

Mealey's Insurance - High Court Refuses To Review Dismissal Of Bad Faith Suit Against Auto Insurer
Posted on 15 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 15 denied a petition for writ of certiorari filed by an insured who argued that his breach of contract and bad faith complaint should be reinstated because a trial court erred in dismissing his complaint... Read More

Mealey's Insurance - Forum Selection Clause Warrants Dismissal Of Global Insurer, 3rd Circuit Affirms
Posted on 15 Oct 2019 by Mealeys

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Oct. 11 affirmed a lower federal court's finding that a global insurance policy's forum selection clause required that an insurer's suit seeking equitable contribution from another... Read More

Mealey's Insurance - Arbitrary, Capricious Standard Of Review Applies, Kentucky Federal Judge Says
Posted on 14 Oct 2019 by Mealeys

LEXINGTON, Ky. - An arbitrary and capricious standard of review must be applied in a disability suit because the disability plan clearly provided the insurer with discretionary authority, a Kentucky federal judge said Oct. 11 (Jennifer Lee Smith v. Hartford... Read More

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Mealey's Insurance - 3rd Circuit: Subcontractor Knowingly Waived Claims Against Contractor, Sureties
Posted on 14 Oct 2019 by Mealeys

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Oct. 11 affirmed dismissal of a subcontractor's claims against a contractor and its sureties in a dispute over a delayed construction project because the subcontractor knowingly and voluntarily... Read More

Mealey's Insurance - Panel: Insured Is Entitled To Fees From Florida Insurance Guaranty Association
Posted on 14 Oct 2019 by Mealeys

LAKELAND, Fla. - A Florida appeals panel on Oct. 11 held that an insured is entitled to attorney fees and costs pursuant to Section 57.041, Florida Statutes (2012), in sinkhole litigation because Florida Insurance Guaranty Association's (FIGA) ultimate... Read More

Mealey's Insurance - Insurer: No Coverage Due To Insured's Failure To Give Timely Notice
Posted on 11 Oct 2019 by Mealeys

NEWNAN, Ga. - A commercial general liability insurer says in its Oct. 9 complaint filed in a Georgia federal court that it has no duty to defend or indemnify an underlying negligent construction claim because its insured breached the policy by failing... Read More

Tags: Insurance

Mealey's Insurance - Judgment In Favor Of Life Insurer Affirmed; Statutes Do Not Apply Retroactively
Posted on 11 Oct 2019 by Mealeys

SAN DIEGO - The Fourth District California Court of Appeal on Oct. 9 affirmed a judgment in favor of a life insurer on claims of breach of contract and bad faith after determining that two California statutes that require insurers to provide a 60-day... Read More

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Mealey's Insurance - Magistrate: Exclusions Do Not Excuse Errors And Omissions Insurer's Duty To Defend
Posted on 11 Oct 2019 by Mealeys

DENVER - A federal magistrate judge in Colorado on Oct. 8 concluded that although two exclusions in a real estate errors and omissions insurance policy bar coverage for an underlying lawsuit alleging that the insured failed to disclose construction defects... Read More

Tags: Insurance

Mealey's Insurance - Judge Did Not Err When Imposing Sentence Above Guidelines, 11th Circuit Says
Posted on 11 Oct 2019 by Mealeys

ATLANTA - A federal judge in Florida did not err when ordering a man to a prison term that was 35 months above U.S. Sentencing Guidelines, an 11th Circuit U.S. Court of Appeals panel ruled Oct. 8, finding that the judge properly considered the defendant's... Read More

Mealey's Insurance - 9th Circuit: CIGA Is Not A Primary Plan, Has No Duty To Repay For Medicare Payments
Posted on 11 Oct 2019 by Mealeys

SAN FRANCISCO - Because California Insurance Guarantee Association (CIGA) is not a primary plan under the Medicare Act's secondary payer provisions, the Ninth Circuit U.S. Court of Appeals ruled Oct. 10 that CIGA has no obligation to reimburse the... Read More

Mealey's Insurance - Connecticut High Court Says Occupational Disease Exclusions Apply To Nonemployees
Posted on 11 Oct 2019 by Mealeys

HARTFORD, Conn. - The Connecticut Supreme Court on Oct. 8 affirmed an appellate court's finding that occupational disease exclusions included in two insurers' policies bar coverage for occupational disease claims arising out of silica and asbestos... Read More

Mealey's Insurance - Supplier, Insurer Have No Duty To Defend Target Against Product Liability Suit
Posted on 11 Oct 2019 by Mealeys

LOS ANGELES - A California appeals panel on Oct. 10 affirmed a lower court's ruling that a pharmaceutical product supplier and its commercial general liability insurer have no duty to defend Target Corp. against an underlying product liability lawsuit... Read More

Mealey's Insurance - No Professional Liability Coverage Owed For Wrongful Death Suit Against Doctor
Posted on 10 Oct 2019 by Mealeys

LAS VEGAS - A federal judge in Nevada on Oct. 8 held that a professional liability insurer has no duty to defend or indemnify its doctor insured against an underlying wrongful death lawsuit arising from an opioid overdose, finding that coverage is barred... Read More

Tags: Insurance