SAN FRANCISCO - A California federal magistrate on Nov. 12 refused to grant an insurer's motion to dismiss a lawsuit seeking coverage for an underlying unfair competition lawsuit against the owner of LensCrafters and a health care service provider (EYEXAM of California Inc., et al. v. Allied World Surplus Lines Insurance Company, et al., No. 15-03643, N.D. Calif.; 2015 U.S. Dist. LEXIS 153388).
DAYTONA BEACH, Fla. - A Florida appeals panel on Nov. 13 found that an insurer has nonparty standing to move to vacate the amended default judgment against its title insurance company insured, and the lower court lacked subject matter jurisdiction when it amended the judgment, vacating the amended default final judgment in a dispute over misappropriated real estate deposits (Gotham Insurance Co. v. Andrew Matthew, et al., No. 5D13-3008, Fla. App., 5th Dist.; 2015 Fla. App. LEXIS 17004).
LAS VEGAS - Anti-stacking provisions in commercial general liability insurance policies are unambiguous, a Nevada federal judge ruled Nov. 12, denying summary judgment to an excess insurer in an equitable contribution lawsuit over settlement of a construction defect lawsuit against a mutual insured (United National Insurance Co. v. Assurance Company of America, et al., No. 10-1086, D. Nev.; 2015 U.S. Dist. LEXIS 153822).
PITTSBURGH - A Pennsylvania federal judge on Nov. 13 denied an insurer's motion for summary judgment after determining that questions of fact exist regarding alleged misrepresentations made by the insured on its application for a product contamination insurance policy (H.J. Heinz Co. v. Starr Surplus Lines Insurance Co., No. 15-0631, W.D. Pa.; 2015 U.S. Dist. LEXIS 154082).
CHICAGO - Because an insurance policy did not specifically exclude mold and the insurer's intent to exclude mold-related claims was not clearly stated in the policy's pollution and health hazard exclusion, a trial court erred in finding that the policy excluded coverage for mold-related injuries, the First District Illinois Appellate Court said Nov. 10 (In re: Liquidation of Legion Indemnity Co., No. 1-14-0452, Ill. App., 1st Dist., 2nd Div.; 2015 Ill. App. LEXIS 851).
SEATTLE - A commercial general liability insurer has no duty to indemnify insureds in a lawsuit seeking damages for of the construction of a home that encroached on an adjacent property, a Washington federal judge ruled Nov. 10 (Probuilders Specialty Insurance Company, RRG v. Michael Coaker, et al., No. 14-1888, W.D. Wash.; 2015 U.S. Dist. LEXIS 152789).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Nov. 9 held that it was not reasonable for a wrongfully convicted criminal to rely on insurers' alleged misrepresentation in settling an underlying civil rights lawsuit against a city insured and its police detective, affirming a federal court's dismissal of fraud, silent fraud, civil conspiracy and negligent misrepresentation claims against the insurers (Arrowood Indemnity Co. v. Michael Louis Cristini, et al., No. 15-1257, 6th Cir.; 2015 U.S. App. LEXIS 19728).
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Nov. 9 to approve a $3 million settlement of environmental coverage claims between the liquidation estate and an electric utility company (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).
CONCORD, N.H. - The liquidator of an insolvent insurer told a New Hampshire court on Nov. 9 that the liquidation estate has concluded an arbitration proceeding and reached a settlement of an asbestos- and silica-related reinsurance dispute (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).
OCALA, Fla. - A contractor was not an additional insured for purposes of coverage for an underlying construction defects case, a Florida federal judge ruled Nov. 10, also finding that the insurer had no duty to defend or indemnify because there was no alleged "property damage" (Joseph Bradfield and Patricia Bradfield v. Mid-Continent Casualty Co., No. 13-222, M.D. Fla.; 2015 U.S. Dist. LEXIS 152297).
PHILADELPHIA - A Pennsylvania Superior Court panel on Nov. 10 affirmed a woman's conviction on counts of attempted theft by deception and insurance fraud, ruling that the defendant's consistently false statements to her insurance company were sufficient to support the jury's finding (Commonwealth v. Kim A. Zaffino, No. 3261 EDA 2014, Pa. Super.; 2015 Pa. Supr. Unpub. LEXIS 4100).
LAKE CHARLES, La. - A Louisiana appeals panel on Nov. 12 rejected a plaintiff's assertion that a doctor insured failed to obtain informed consent by not disclosing his financial arrangement with a hospital, resolving the last remaining issue in a medical malpractice dispute on remand for the second time (Clyde Snider Jr., et ux. v. Louisiana Medical Mutual Insurance Co., et al., No. 12-1068, La. App., 3rd Cir.).
NEW YORK - A group of London-based retrocessional reinsurers said in a federal court in New York on Nov. 6 that their retrocessional reinsured's arguments questioning the qualifications of certain arbitration umpire candidates have already been rejected by the court in an earlier decision (Odyssey Reinsurance Company v. Certain Underwriters at Lloyd's London Syndicate 53, et al., No. 13-cv-09014, S.D. N.Y.).
MIAMI - A federal judge in Florida on Nov. 9 granted State Farm Mutual Automobile Insurance Co.'s motion for summary judgment in a suit it brought against a medical diagnostic services firm, two of its medical directors and two of its X-ray technicians and ordered the defendants to pay $1.4 million to the company, after finding that bills the defendants submitted to the insurer were noncompensable and unlawful (State Farm Mutual Automobile Insurance Company, et al. v. B&A Diagnostic Inc., n/k/a Oasis Medical Center Corp., et al., No. 14-cv-24387-KMM, S.D. Fla.; 2015 U.S. Dist. LEXIS 151743).
DENVER - An excess insurer has no duty to indemnify an underlying construction defects judgment because its policy limits have not been exhausted, a Colorado federal judge ruled Nov. 9, dismissing third-party breach of contract and bad faith claims against the insurer (The Phoenix Insurance Co., et al. v. Cantex Inc., et al. and Cantex Inc. v. Scottsdale Insurance Co. and Continental Casualty Co., No. 13-00507, D. Colo.; 2015 U.S. Dist. LEXIS 151729).
SAN FRANCISCO - A California judge on Nov. 5 ordered the end of the conservatorship of an insurer and authorized a final $3.1 million distribution to a liquidating trust (Dave Jones, Insurance Commissioner of the State of California v. Majestic Insurance Company, No. CPF-11-511261, Calif. Super., San Francisco Co.).
NEW YORK - A federal judge in New York on Nov. 9 granted Allstate Insurance Co.'s motion for default judgment seeking $1.3 million in monetary damages from the last two defendants in a lawsuit over a fraudulent billing scheme, ruling that the defendants failed to challenge the sufficiency of the allegations (Allstate Insurance Company v. Winston Tapper, M.D., et al., No. 14-cv-5410, E.D. N.Y.; 2015 U.S. Dist. LEXIS 151803).
SACRAMENTO, Calif. - A California federal judge on Nov. 5 granted an insured's motion for summary judgment on the limited issue of the duty to defend after determining that it is possible that the contamination caused by the insured's landfill could have been accidental (County of Stanislaus v. Travelers Indemnity Co., et al., No. 14-00666, E.D. Calif.; 2015 U.S. Dist. LEXIS 150550).
TAMPA, Fla. - A federal judge in Florida on Nov. 5 ruled that an insurer is not entitled to judgment as a matter of law or a new trial in an insurance bad faith lawsuit, ruling that, among other things, the evidence provided at trial was sufficient under Federal Rule of Civil Procedure 50 (Eddie K. Taylor v. GEICO Indemnity Co., No. 12-2448, M.D. Fla.; 2015 U.S. Dist. LEXIS 150402).
SAN DIEGO - A federal judge in California on Nov. 6 granted an insurer's motion to compel arbitration in an insurance bad faith and breach of contract lawsuit, ruling that the insureds' claims are subject to the terms of the arbitration clause contained in their automobile insurance policy (Robert Heredia, et al. v. Allstate Indemnity Co., No. 15-1642, S.D. Calif.; 2015 U.S. Dist. LEXIS 151175).
DETROIT - A Michigan federal judge on Nov. 9 dismissed an insured's suit seeking coverage for underlying injuries arising out of the inhalation of gas fumes on the basis that it would be more practical and judicially efficient to litigate the coverage suit in the same state court as the underlying personal injury suit (Chelsea Hearth & Fireplaces Inc. v. Scottsdale Insurance Co., No. 15-12240, E.D. Mich.; 2015 U.S. Dist. LEXIS 151437).
WASHINGTON, D.C. - An insurer's equitable subrogation claim filed against the U.S. government cannot stand because the insurer never stepped into the shoes of its insured as it had no responsibility for the insured's contract performance with the government, the Federal Circuit U.S. Court of Appeals said Nov. 6 (Fidelity and Guaranty Insurance Underwriters Inc., et al. v. United States, No. 2015-5036, Fed. Cir.; 2015 U.S. App. LEXIS 19390).
HARRISBURG, Pa. - A Pennsylvania judge on Nov. 5 granted the state's insurance commissioner's petition to place an insurer into liquidation (In re: Lincoln General Insurance Company In Liquidation, No. 1 LIN 2015, Pa. Cmwlth.).
SYRACUSE, N.Y. - A reinsurer told a federal court in New York on Nov. 4 that there are documents it recently learned about that it wishes to compel production of that were allegedly wrongfully withheld by its reinsured (Munich Reinsurance America Inc. v. Utica Mutual Insurance Company, No. 13-cv-00743, N.D. N.Y.).
SAN DIEGO - A California federal judge on Nov. 6 approved a subcontractor's $7,500 settlement with an insurer that paid $894,999.06 for damages from an alleged faulty fire sprinkler system that resulted in flooding (Travelers Commercial Insurance Co. v. Gabai Construction, et al., No. 13-01881, S.D. Calif.; 2015 U.S. Dist. LEXIS 151167).