CONCORD, N.H. - A reinsurer filed an amended complaint after a federal judge in New Hampshire on Nov. 17 granted the reinsurer's motion to amend its complaint to clarify its affirmative defenses in a $2 million reinsurance breach of contract dispute (TIG Insurance Company v. EIFlow Insurance Limited, No. 14-cv-00459, D. N.H.).
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.).
LOS ANGELES - A California federal judge on Nov. 13 held that William H. Cosby Jr.'s homeowners and excess insurer has a duty to defend him against an underlying lawsuit brought by model, actress and TV producer Janice Dickinson, rejecting the insurer's argument that coverage is barred by the "sexual molestation or corporal punishment" exclusion (AIG Property Casualty Co. v. William H. Cosby Jr., et al., No. 15-04842, C.D. Calif.).
PROVIDENCE, R.I. - A Rhode Island federal judge held Nov. 12 that the Central Coventry Fire District's tax liens can be considered property that the district owned or was legally liable for, denying an insurer's motion for summary judgment in a dispute over coverage for the district's $1.6 million budget shortfall caused by a tax error (Mark Pfeiffer, in his capacity as receiver of the Central Coventry Fire District v. American Alternative Insurance Corp., No. 14-521, D. R.I.; 2015 U.S. Dist. LEXIS 153299).
DETROIT - A Michigan federal judge on Nov. 12 granted an insurer's motion to remand a dispute over commercial general liability and errors and omissions insurance coverage for an underlying counterclaim stemming from an insured's intellectual property investigation (Conifer Insurance Co. v. Continental Inc., et al., No. 15-11650, E.D. Mich., Southern Div.; 2015 U.S. Dist. LEXIS 153488).
ELIZABETH CITY, N.C. - A professional liability insurer asserted justiciable claims for declaratory judgment and breach of contract against an insured regarding a dispute arising out of a foundation design error, a North Carolina federal judge ruled Nov. 12, denying a motion for attorney fees (Westchester Surplus Lines Insurance Co. v. Clancy & Theys Construction Co., No. 12-636, E.D. N.C.; 2015 U.S. Dist. LEXIS 153137).
VICTORIA, Texas - A Texas federal judge on Nov. 16 granted an umbrella liability insurer's motion for summary judgment after a gas exploration company seeking coverage as an additional insured for an oil well blowout agreed that no coverage is due under the umbrella liability policy (Miramar Petroleum Inc. v. The First Liberty Insurance Corp., et al., No. 15-28, S.D. Texas).
BOSTON - A reinsurer told a federal court in Massachusetts on Nov. 13 that its party-appointed arbitrator was never an employee of its reinsured and is qualified to arbitrate the parties' dispute (John Hancock Life Insurance Company [U.S.A.] v. Employers Reassurance Corporation, No. 15-cv-13626, D. Mass.).
MASON, Mich. - A Michigan judge on Nov. 13 ordered a nonprofit mutual health insurance company with insufficient reserves into rehabilitation (Patrick McPharlin, Director of the Department of Insurance and Financial Services v. Consumers Mutual Insurance of Michigan, No. 15-948-CR, Mich. Cir., Ingham Co.).
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.).