LexisNexis® Legal Newsroom
Mealey's Insurance - With Expert Opinions Allowed, Insurer Denied Judgment On Home Damage Claims

NASHVILLE, Tenn. - A Tennessee federal judge on Dec. 4 denied summary judgment to an insurer in a lawsuit over coverage for a damaged home after finding that testimony by the homeowners' expert is admissible and raises a material factual dispute about whether a sinkhole caused the damage (Debra Daniels...

Mealey's Insurance - Judge Allows Subpoena Of Insurer's Consultants In Windstorm Coverage Dispute

SEATTLE - Finding insufficient support for an insurer's claim that its consultants were engaged in advance of possible insurance fraud litigation, a Washington federal judge on Dec. 5 denied the insurer's motion to quash subpoenas served on them by the plaintiff in a coverage suit related to...

Mealey's Insurance - Professional Liability Insurer Has Duty To Defend Attorney, Illinois Panel Affirms

MOUNT VERNON, Ill. - An Illinois appeals panel on Dec. 6 held that underlying claims against an attorney and his law firm can be rationally said to fall within coverage of a professional liability insurance policy, rejecting the insureds' argument that coverage is barred by the policy's'...

Mealey's Insurance - Justice Declines To Compel Arbitration Under Reinsurance Participation Agreement

GOSHEN, N.Y. - A New York justice on Dec. 5 refused to compel arbitration of a dispute pursuant to a provision under a reinsurance participation agreement (RPA) because the provision is invalid under Nebraska law (Milmar Food Group II, LLC, et al. v. Applied Underwriters Inc., et al., No. EF003101-2017...

Mealey's Insurance - Underlying Asbestos Claims Arose Out Of Single Occurrence, Illinois Panel Says

CHICAGO - The First District Illinois Appellate Court on Dec. 5 affirmed a trial court's ruling that underlying asbestos bodily injury claims constitute only one occurrence under an insurer's policies because the underlying claims arose from the single cause of the insured's manufacturing...

Mealey's Insurance - U.S. Supreme Court Refuses To Review 2nd Circuit's Offset Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 refused to review the Second Circuit U.S. Court of Appeals' ruling that a New York law barring the offset of a claimant's disability benefits with the proceeds of the claimant's settlement of a personal injury suit is not preempted by the...

Mealey's Insurance - Panel: Insurer Had Duty To Defend Additional Insured Against Defects Claims

SALEM, Ore. - An insurer had a duty to defend an additional insured general contractor in an underlying construction defects case, an Oregon appeals panel ruled Dec. 6, reversing a trial court's entry of summary judgment in favor of the insurer (Security National Insurance Co. v. Sunset Presbyterian...

Mealey's Insurance - Georgia Federal Judge Says Insurer Had Reasonable Basis To Dispute Mold Claim

AUGUSTA, Ga. - A Georgia federal judge on Dec. 6 denied an insurer's motion for summary judgment on a breach of contract claim but granted the insurer's motion on a bad faith claim after determining that the insurer had a reasonable basis to deny the insured's claim for coverage of mold and...

Mealey's Insurance - Judge Orders Insurer To Produce Documents On Reinsurance, Mediation

PITTSBURGH - A Pennsylvania federal judge on Dec. 7 granted and denied in part an insured's request to compel an insurer to produce redacted documents pertaining to mediation in an underlying case, as well as reinsurance information (Golon Inc. v. Selective Insurance Company of the Southeast, et...

Mealey's Insurance - Minnesota Appeals Panel: Filed-Rate Doctrine Bars Claims Against Reinsurer

MINNEAPOLIS - The filed-rate doctrine precludes employers' claims to recover assessments that Workers' Compensation Reinsurance Association (WCRA) levied against them, a Minnesota appeals panel affirmed Dec. 11 (Ambassador Press Inc., et al. v. Trifac Workers' Compensation Fund, et al., Nos...

Mealey's Insurance - Federal Judge Denies Motion To Dismiss In Chemical Exposure Coverage Dispute

CHICAGO - An Illinois federal judge on Dec. 7 denied an insurer's motion to dismiss after rejecting the insurer's argument that the potential indemnitor for underlying liabilities arising out of exposure to polychlorinated biphenyls should be named as the defendant pursuant to a 1999 settlement...

Mealey's Insurance - Panel: Insurance Benefits Company Is Entitled To Producer Commission

CHICAGO - An insurance benefits company is entitled to a producer commission but not a marketer's fee for a health insurer's breach of an oral contract under a marketing agreement amended following the health insurer's termination of a reinsurance agreement, an Illinois appeals panel affirmed...

Mealey's Insurance - Insurer Argues Delaware Judge Properly Found Excess Policies Were Not Triggered

WILMINGTON, Del. - Review of a Delaware judge's ruling that a number of excess insurance policies are not triggered by underlying asbestos claims filed against an insured is not warranted because the primary policies at issue were not exhausted, an insurer asserts in a Dec. 8 joinder brief filed...

Mealey's Insurance - Judge Finds Laboratory Lacks Standing To Pursue ERISA Claims, Dismisses Case

RALEIGH, N.C. - After finding that a laboratory failed to show that it received a valid assignment of benefits under the Employee Retirement Income Security Act, a North Carolina federal judge on Dec. 7 dismissed its claims against a group of insurers in relation to allegedly unpaid amounts for services...

Mealey's Insurance - 11th Circuit: 'Overwhelming Evidence' Supported Health Care Fraud Conviction

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Dec. 12 upheld a man's conviction and sentence for his role in a health care fraud scheme, finding that the government presented "overwhelming evidence" to prove that he received illegal kickbacks and conspired with his co-defendants...

Mealey's Insurance - Genuine Issues Of Fact Regarding Settlement Of Auto Claim Exist, Judge Says

COLUMBUS, Ga. - Genuine issues of fact preclude summary judgment on a bad faith failure-to-settle claim because a jury could find that the insurer did not act reasonably in responding to a settlement offer for the full limits of an auto policy, a Georgia federal judge said Dec. 12 in denying the insurer's...

Mealey's Insurance - Judge: Insured Alleged Sufficient Facts To Support Bad Faith Claim Against Insurer

OKLAHOMA CITY - An Oklahoma federal judge on Dec. 12 denied an insurer's motion to dismiss an insured's claims for bad faith and breach of contract arising out of the handling of two auto claims after determining that the insured alleged sufficient facts in support of the claims and properly...

Mealey's Insurance - Court To Divine If Catholic Group Intervenes In ACA Contraceptive Mandate Suit

SAN FRANCISCO - A religious group told a federal judge in California on Dec. 11 that it should be allowed to intervene in an action challenging new rules governing exemptions to the Patient Protection and Affordable Care Act (ACA) contraceptive mandate, saying that while the states give lip service to...

Mealey's Insurance - 5th Circuit Panel Says Appellant Waived Right To Argue That Texas Law Applies

NEW ORLEANS - An insured's assignee whose lungs were damaged by the inhalation of an excess amount of chlorine in the insured hotel's hot tub waived the right to argue that Oklahoma law, rather than Texas law, should be applied because the assignee failed to argue that the application of Texas...

Mealey's Insurance - Evidence Of Man's Prior Acts Of Arson Should Be Admitted, Judge Finds

BOWLING GREEN, Ky. - Evidence related to a man's prior acts of setting fire to three residences and one automobile to collect insurance proceeds should be admitted during his trial on similar claims, a federal judge in Kentucky ruled Dec. 13, finding that the information has probative value as to...

Mealey's Insurance - Insurer's Conduct During Appraisal Is Relevant To Insured's Bad Faith Claims

DENVER - A Colorado federal judge on Dec. 12 refused to dismiss an insured's statutory and common-law bad faith claims after determining that the insurer's conduct before, during and after an appraisal proceeding conducted to determine the value of the insured's claim for property damages...

Mealey's Insurance - 5th Circuit: Additional Insured Owed A Defense In Construction Defects Case

NEW ORLEANS - A subcontractor's insurer had a duty to defend an additional insured in a construction defects lawsuit, the Fifth Circuit U.S. Courts of Appeals ruled Dec. 12, affirming in part and reversing in part awards issued in favor of the additional insured (Lyda Swinerton Builders Inc. v. Oklahoma...

Mealey's Insurance - Former Home Health Agency Owner To Serve 115 Months For $15M Fraud Scheme

MIAMI - A federal judge in Florida on Dec. 11 sentenced the former owner and operator of a health care agency to 115 months in prison and ordered him to pay $15.1 million in restitution for his role in a conspiracy to defraud Medicare (United States of America v. Yunesky Fornaris, No 17cr20163, S.D....

Mealey's Insurance - Insurer's Failure To Exclude Parties Was A Mistake, 3rd Circuit Says In Affirming

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Dec. 14 affirmed a New Jersey federal judge's ruling in favor of an insurer in an environmental contamination dispute after determining that the insurer's failure to exclude coverage to certain parties involved in the contamination dispute...

Mealey's Insurance - Insured Can't Show That Remand Is Necessary In Bad Faith Suit, Judge Rules

PITTSBURGH - An insured has failed to show that remand of his insurance breach of contract and bad faith lawsuit to state court is necessary since he asserts only claims under state law and, thus, a federal district court lacks jurisdiction over the claims because the insured does not seek a declaratory...