LexisNexis® Legal Newsroom
Mealey's Litigation Procedure - Insurer Says Hurricane Sandy Reinsurance Dispute Should Be Arbitrated In London

NEW YORK - A captive insurer argued in a federal court in New York on Nov. 16 that its reinsurer should be compelled to arbitrate a Hurricane Sandy-related reinsurance dispute in London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 15-cv-8230, S.D. N.Y.).

Mealey's Insurance - Insurer Says Hurricane Sandy Reinsurance Dispute Should Be Arbitrated In London

NEW YORK - A captive insurer argued in a federal court in New York on Nov. 16 that its reinsurer should be compelled to arbitrate a Hurricane Sandy-related reinsurance dispute in London (Infrassure, Ltd. v. First Mutual Transportation Assurance Company, Inc., No. 15-cv-8230, S.D. N.Y.).

Mealey's Insurance - Insureds Not Entitled To Double Recovery In Hurricane Ike Suit, 5th Circuit Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Nov. 6 affirmed a lower federal court's ruling that Texas insureds are not entitled to additional building flood damage arising from Hurricane Ike but reversed the lower court's finding that the insureds are owed $2,500 for damaged car parts (Brian Lowery, et al v. Fidelity National Property and Casualty Insurance Co., No. 14-40135, 5th Cir.; 2015 U.S. App. LEXIS 19443).

Mealey's Insurance - United States Moves To Certify Interlocutory Appeal, Seeks Stay In MR-GO Dispute

WASHINGTON, D.C. - The U.S. government on Oct. 30 filed a motion for the U.S. Court of Federal Claims to certify for interlocutory appeal its May 1 ruling that held the U.S. Army Corps of Engineers' construction, expansions, operation and failure to maintain a 77-mile-long navigational channel caused subsequent storm surge that was exacerbated during Hurricane Katrina and other storms and caused flooding on property that effected a temporary taking under the U.S. Constitution's Fifth Amendment (St. Bernard Parish Government v. The United States, No. 05-1119, Fed. Clms.).

Mealey's Insurance - Louisiana High Court Reverses Ruling Against Insurer In Hurricane Katrina Dispute

NEW ORLEANS - The Louisiana Supreme Court on Oct. 14 found that the doctrine of lis pendens applies to plaintiffs' individual lawsuits even though they were not named parties or joined in first-filed Hurricane Katrina class actions, reversing and remanding a lower court's ruling that denied the insurer's exception of lis pendens (Thelma Aisola v. Louisiana Citizens Property Insurance Corp., 2014-CC-1708, La. Sup.).

Mealey's Insurance - Texas Panel Affirms Take-Nothing Judgment In Hurricane Ike Coverage Suit

HOUSTON - A Texas appeals panel on Oct. 13 affirmed a lower court's ruling that entered a take-nothing judgment against an insurer in a coverage dispute over the insured's roof and other damage allegedly caused by Hurricane Ike (John Davis d/b/a J.D. House Of Style v. National Lloyds Insurance Co., No. 14-00278, Texas App., 1st Dist.; 2015 Tex. App. LEXIS 10506).

Mealey's Insurance - Panel Affirms Ruling Sustaining Flood Insurer's Exception Of Lack Of Jurisdiction

GRETNA, La. - A Louisiana appeals panel on Sept. 23 affirmed a lower court's judgment that sustained a federal flood insurer's exception of lack of subject matter jurisdiction in a Hurricane Isaac coverage dispute (Louis Rodriguez-Roble And Marisol Soto-Ayala v. American National Property and Casualty Co., No. 14-CA-938, La. App., 5th Cir.; 2015 La. App. LEXIS 1810).

Mealey's Toxic Tort/Environmental - No Valid Claim, No Bad Faith, Judge Rules In Hurricane Isaac Toxic Mold Suit

NEW ORLEANS - A Louisiana federal judge on Sept. 18 granted an insurer's motion to dismiss a bad faith claim in a lawsuit over alleged toxic mold exposure stemming from Hurricane Isaac, finding that the plaintiffs have not raised a genuine issue of material fact regarding whether they have a valid insurance claim (Steve B. Douglas, et al. v. Renola Equity Fund II LLC, et al., No., 13-6192, E.D. La.; 2015 U.S. Dist. LEXIS 124986).

Mealey's Insurance - No Valid Claim, No Bad Faith, Judge Rules In Hurricane Isaac Toxic Mold Suit

NEW ORLEANS - A Louisiana federal judge on Sept. 18 granted an insurer's motion to dismiss a bad faith claim in a lawsuit over alleged toxic mold exposure stemming from Hurricane Isaac, finding that the plaintiffs have not raised a genuine issue of material fact regarding whether they have a valid insurance claim (Steve B. Douglas, et al. v. Renola Equity Fund II LLC, et al., No., 13-6192, E.D. La.; 2015 U.S. Dist. LEXIS 124986).

Mealey's Insurance - Texas Supreme Court Refuses To Rehear $7.5M Hurricane Rita Coverage Suit

AUSTIN, Texas - The Texas Supreme Court on Sept. 11 denied an excess insurer's motion to reconsider an earlier majority ruling that affirmed an appeals court's $7.5 million judgment in favor of the insured in a Hurricane Rita coverage dispute (RSUI Indemnity Company v. The Lynd Company, No. 13-0080, Texas. Sup.).

Mealey's Litigation Procedure - Judge Rules On Insurers' Motion To Exclude Expert Testimony In Hurricane Dispute

JACKSON, Miss. - A Mississippi federal judge on Sept. 10 granted in part and denied in part insurers' motion to exclude the testimony of three of an apartment building owner insured's expert witnesses in a coverage dispute over Hurricane Isaac damage (Seahorn Investments v. Federal Insurance Co., et al., No. 13-320, S.D. Miss., Southern Div.; 2015 U.S. Dist. LEXIS 120662).

Mealey's Insurance - Judge Rules On Insurers' Motion To Exclude Expert Testimony In Hurricane Dispute

JACKSON, Miss. - A Mississippi federal judge on Sept. 10 granted in part and denied in part insurers' motion to exclude the testimony of three of an apartment building owner insured's expert witnesses in a coverage dispute over Hurricane Isaac damage (Seahorn Investments v. Federal Insurance Co., et al., No. 13-320, S.D. Miss., Southern Div.; 2015 U.S. Dist. LEXIS 120662).

Mealey's Insurance - Federal Magistrate Dismisses Hurricane Ike Breach Of Contract Suit As Untimely

GALVESTON, Texas - A Texas federal magistrate judge on Sept. 9 dismissed insureds' breach of contract lawsuit against their federal flood insurer, finding that the action arising from Hurricane Ike damage is time-barred (Alfredo Mamani, et al. v. AIG National Insurance Company Inc., No. 11-106, S.D. Texas; 2015 U.S. Dist. LEXIS 119692).

Mealey's Insurance - 2nd Proof Of Loss Is Condition Precedent To Filing Suit, 5th Circuit Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 6 held that a second sworn proof of loss was necessary for Louisiana insureds to perfect their claim for Hurricane Isaac damage, affirming a lower federal court's ruling in favor of a federal flood insurer (Ron Ferraro, et al. v. Liberty Mutual Fire Insurance Co., No. 14-30944. 5th Cir.; 2015 U.S. App. LEXIS 13762).

Mealey's Insurance - 5th Circuit Affirms Award Entered In Insured's Favor In Oil Spill Coverage Suit

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 30 upheld an award of more than $23 million in an insured's favor for pollution cleanup costs incurred as a result of an oil spill in the wake of Hurricane Katrina on the basis that the District Court did not err in setting the accrual date for the penalty interest award (Cox Operating LLC v. St. Paul Surplus Lines Insurance Co., No. 13-20509, 5th Cir.; 2015 U.S. App. LEXIS 13318).

Mealey's Litigation Procedure - Mississippi High Court: Judge Properly Excluded Experts' Estimates To Repair Defects

JACKSON, Miss. - A Mississippi Supreme Court panel on July 30 upheld a trial court judge's decisions to award summary judgment to the developer, architect, structural engineer and contractors who repaired the Inn by the Sea (IBTS) condominiums following Hurricane Katrina and exclude the expert testimony proffered by a plaintiff homeowners association, ruling that the judge properly found that the estimates were not based on reliable information (Inn by the Sea Homeowner's Association Inc. v. SeaInn LLC, et al., No. 2013-CA-02013-SCT, Miss. Sup.; 2015 Miss. LEXIS 379).

Mealey's PI/Product Liability - Mississippi High Court: Judge Properly Excluded Experts' Estimates To Repair Defects

JACKSON, Miss. - A Mississippi Supreme Court panel on July 30 upheld a trial court judge's decisions to award summary judgment to the developer, architect, structural engineer and contractors who repaired the Inn by the Sea (IBTS) condominiums following Hurricane Katrina and exclude the expert testimony proffered by a plaintiff homeowners association, ruling that the judge properly found that the estimates were not based on reliable information (Inn by the Sea Homeowner's Association Inc. v. SeaInn LLC, et al., No. 2013-CA-02013-SCT, Miss. Sup.; 2015 Miss. LEXIS 379).

Mealey's Insurance - Breach Of Contract Suit Over Hurricane Ike Claim Was Timely Filed, Magistrate Says

GALVESTON, Texas - A federal flood insurer's denial of an insured's supplemental Hurricane Ike claim following its review of an adjuster's estimate and requests did not trigger the one-year limitations period, a Texas federal magistrate judge ruled July 28, finding that the insured's breach of contract lawsuit was timely filed (Savina Rocha Fernandez v. Fidelity National Property and Casualty Insurance Co., No. 10-460, S.D. Texas; 2015 U.S. Dist. LEXIS 98030).

Mealey's Litigation Procedure - Relators Have 'Edged Door Ajar' For Additional Discovery, 5th Circuit Rules

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals held July 13 that relators' allegations and trial evidence extend far beyond the realm of one bellwether claim under the False Claims Act and entitles them to at least some additional discovery, reversing a lower federal court in part in a qui tam action alleging that an insurer submitted false Hurricane Katrina flood claims to the U.S. government (U.S., ex rel. Rigsby v. State Farm Fire & Casualty Co., No. 14-60160, 5th Cir.; 2015 U.S. App. LEXIS 12060).

Mealey's Insurance - Relators Have 'Edged Door Ajar' For Additional Discovery, 5th Circuit Rules

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals held July 13 that relators' allegations and trial evidence extend far beyond the realm of one bellwether claim under the False Claims Act and entitles them to at least some additional discovery, reversing a lower federal court in part in a qui tam action alleging that an insurer submitted false Hurricane Katrina flood claims to the U.S. government (U.S., ex rel. Rigsby v. State Farm Fire & Casualty Co., No. 14-60160, 5th Cir.; 2015 U.S. App. LEXIS 12060).

Mealey's Insurance - Court Erred In Compelling Appraisal Of Wilma Claim, Florida Panel Says, Reverses

MIAMI - A Florida appeals panel on June 17 found that a lower court erred when it compelled appraisal of an insured's supplemental Hurricane Wilma claim because the insured did not comply with his post-loss obligations under the policy, reversing and remanding (State Farm Florida Insurance Co. v. Alfredo Hernandez, No. 3D13-2263, Fla. App., 3rd Dist.; 2015 Fla. App. LEXIS 9215).

Mealey's Insurance - Stipulated Judgment Bars Harm Under Collateral Estoppel Doctrine, Panel Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 2 affirmed a lower federal court's dismissal of a lawsuit brought by the previous owners of a self-storage company alleging that they were denied the insurance proceeds they were owed for Hurricane Katrina damage, as well as the ability to maintain an ownership stake in the self-storage company (BCR Safeguard Holding L.L.C., et al. v. Morgan Stanley Real Estate Advisor Inc. et al., No. 14-31068, 5th Cir.; 2015 U.S. App. LEXIS 9268).

Mealey's Insurance - U.S. High Court Denies Condominium's Appeal In Hurricane Irene Coverage Suit

WASHINGTON, D.C. - The U.S. Supreme Court on June 1 denied a condominium insured's writ of certiorari seeking to overturn the Third Circuit U.S. Court of Appeals' finding that its undisputed failure to strictly obey a federal flood insurance policy's proof-of-loss requirement dooms its Hurricane Irene claim (Admiralty Condominium Association Inc., Petitioner v. Director, Federal Emergency Management Agency, et al., No. 14-1283, U.S. Sup.; 2015 U.S. LEXIS 3680).

Mealey's Insurance - 5th Circuit Reverses, Remands Ruling In Federal Flood Policy Cancellation Dispute

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 22 found that a lower federal court's denial of an insurer's motion for summary judgment was erroneous in part, remanding a coverage dispute arising from the insurer's cancellation of a federal flood insurance policy following Hurricane Ike (Robert Spong, et al. v. Fidelity National Property and Casualty Insurance Co., No. 13-41317, 5th Cir.).

Mealey's Insurance - Florida Panel Reverses 'Prompt' Notice, Prejudice Issues In Wilma Coverage Suit

MIAMI - A Florida appeals panel on May 20 reversed and remanded the issues of whether an insured failed to provide "prompt" notice of her Hurricane Wilma claim and whether the insurer was prejudiced by the purported late notice in a breach of contract dispute (Edie Laquer v. Citizens Property Insurance Corp., Nos. 3D13-1115, 3D14-34, Fla., App., 3rd Dist.; 2015 Fla. App. LEXIS 7570).