LexisNexis® Legal Newsroom
Mealey's Insurance - Court Erred In Barring Insured From Using Offset, California Appeals Panel Says

SAN DIEGO - A trial court wrongfully precluded an insured from arguing that unallocated settlement proceeds are not an offset to contract damages or are allocated to the tort damages in an insurance coverage lawsuit regarding an underlying construction defects case, a California appeals panel ruled Jan. 22 (McMillin Companies LLC v. American Safety Indemnity Co., No. D063586, Calif. App., 4th Dist., Div. 1; 2015 Cal. App. LEXIS 53).

Mealey's Banking & Finance - Federal Judge Dismisses Claims Related To Refinancing Of Loan

MONTGOMERY, Ala. - An Alabama federal judge on Jan. 20 granted summary judgment in favor of a lender, finding that property owners who asserted claims in relation to the refinancing of their mortgage failed to show that the lender was negligent or to properly assert a cause of action for breach of contract (Casey and Stephanie Ott v. Quicken Loans Inc., No. 2:13-cv-441, M.D. Ala.; 2015 U.S. Dist. LEXIS 5998).

Mealey's Antitrust/Unfair Competition - UCL Claim Remains In Breach Of Contract Case Involving Software

SAN FRANCISCO - A claim for violation of the state's unfair competition law (UCL) is among the claims continuing in a breach of contract case involving the sale of computer software equipment that failed to perform as promised following a California federal judge's Jan. 14 order on a motion to dismiss (Ronpak Inc. v. Electronics For Imaging Inc., No. 14-4058, N.D. Calif.; 2015 U.S. Dist. LEXIS 4546).

Mealey's Insurance - Insurer Owes Partial Obligation To Reimburse Repair Costs, Judge Says

BALTIMORE - A commercial general liability insurer has a partial duty to reimburse repair costs for cracking damage to two buildings, a Maryland federal judge ruled Jan. 13, also dismissing counterclaims for breach of contract, negligence and bad faith (American Home Assurance Co. v. KBE Building Corp., No. 13-1941, D. Md.; 2015 U.S. Dist. LEXIS 4076).

Mealey's Insurance - Judge: Insured Did Not Assign Rights, Claims To Assignee In Bad Faith Suit

RICHMOND, Va. - A federal judge in Virginia on Jan. 9 dismissed claims against a number of parties in an insurance breach of contract and bad faith lawsuit, ruling that an insured failed to assign his rights, claims and causes of action against those defendants to his assignee (Euleric Evans, by his Assignee, Craig L. Coles, v. GEICO General Insurance Co., et al., No. 14-659, E.D. Va.; 2015 U.S. Dist. LEXIS 2696).

Mealey's Banking & Finance - Judge: Forged Instrument Exclusion Bars Coverage For Loss Arising From Forged Check

LOS ANGELES - A California federal judge on Jan. 7 held that an insurer has no duty to reimburse a bank insured for the costs it incurred in settling an underlying dispute over a forged cashier's check, granting the insurer's motion to dismiss a breach of contract lawsuit (Pacific Western Bank v. St. Paul Mercury Insurance Co., No. 14-8820, C.D. Calif.; 2015 U.S. Dist. LEXIS 1667).

Mealey's Insurance - No Coverage For Fraud, Unfair Trade Practices, Antitrust Claims, Judge Rules

NEW ORLEANS - A competitor's underlying claims against an insured for fraud, unfair trade practices, antitrust violations and intentional interference with a contract fail to trigger personal and advertising injury coverage under a commercial general liability insurance policy, a Louisiana federal judge ruled Jan. 8, granting the insurer's motion for summary judgment in its declaratory judgment lawsuit (Maxum Indemnity Co. v. Audiology LLC, No. 13-5216, E.D. La.; 2015 U.S. Dist. LEXIS 2170).

Mealey's Insurance - Judge: Forged Instrument Exclusion Bars Coverage For Loss Arising From Forged Check

LOS ANGELES - A California federal judge on Jan. 7 held that an insurer has no duty to reimburse a bank insured for the costs it incurred in settling an underlying dispute over a forged cashier's check, granting the insurer's motion to dismiss a breach of contract lawsuit (Pacific Western Bank v. St. Paul Mercury Insurance Co., No. 14-8820, C.D. Calif.; 2015 U.S. Dist. LEXIS 1667).

Mealey's Banking & Finance - Federal Judge Finds No Basis For TILA Claims Against Banks

SHERMAN, Texas - A Texas federal judge on Jan. 7 granted a motion for summary judgment filed by two banks, finding that claims asserted by former property owners in relation to a foreclosure for violation of the Truth In Lending Act (TILA) and breach of contract were unsupported (Ira W. Brewer, et al. v. Bank of America, N.A., et al., No. 4:13-CV-638, E.D. Texas; 2015 U.S. Dist. LEXIS 1986).

Mealey's Toxic Tort/Environmental - Judge Finds Company Entitled To $721,853.98 For Breach Of Cleanup Contract

MOBILE, Ala. - A federal judge in Alabama on Jan. 6 ruled that while a plaintiff company was entitled to $915,904 as a result of a defendant's breach of contract for cleanup services following the 2010 oil spill in the Gulf of Mexico, the plaintiff should receive only $719,853.98 because the defendant company successfully asserted a counterclaim for $194,050 in money owed (Northstar Marine Inc. v. Huffman Construction Inc., No. 13-0037-WS-C, S.D. Ala.; 2015 U.S. Dist. LEXIS 1201).

Mealey's Insurance - Breach Of Contract, Bad Faith Claims Against Claims Representative Dismissed

MILWAUKEE - A federal judge in Wisconsin on Jan. 8 dismissed breach of contract and insurance bad faith claims against a claims representative, ruling that insureds may not bring the claims against the representative because he is not a party to their insurance agreement (Jerry Wilkinson, et al. v. State Farm Fire and Casualty Co., et al., No. 14-1187, E.D. Wis.; 2015 U.S. Dist. LEXIS 1878).

Mealey's IP/Tech - New Jersey Federal Judge: Contract Case Improperly Removed

TRENTON, N.J. - A dispute over a purchasing and licensing agreement that involved underlying patented technology should proceed in the Bergen County, N.J., Superior Court, Law Division, a New Jersey federal judge ruled Jan. 7 in what she deemed a case of first impression (Masimo Corporation v. Mindray DS USA Inc., et al., No. 14-405, D. N.J.; 2015 U.S. Dist. LEXIS 1210).

Mealey's Insurance - Judge: Insured Failed To State A Claim For Relief In Insurance Bad Faith Suit

LAS VEGAS - A federal judge in Nevada on Jan. 5 dismissed an insurer from an insured's breach of contract and insurance bad faith lawsuit, ruling that the insured failed to state a claim for relief (Pacific Enterprises LLC v. AMCO Insurance Co., et al., No. 14-1757, D. Nev.; 2015 U.S. Dist. LEXIS 611).

Mealey's Insurance - 10th Circuit Affirms Judgment For Insurer In Bad Faith Lawsuit

DENVER - A 10th Circuit U.S. Court of Appeals panel on Jan. 6 affirmed a lower court's finding that an insurer did not breach its contract or act in bad faith by denying an insured's accident claims based on the insured's failure to cooperate with the claim investigation (Kelly Bryant, et al. v. Sagamore Insurance Co., No. 14-7039, 10th Cir.; 2015 U.S. App. LEXIS 114).

Mealey's Litigation Procedure - Judge Dismisses Insureds' Breach Of Contract Case Over Water Damage Claims

DETROIT - Homeowners failed to assert a breach of contract claim because an insurer owes no duty until an insured suffers a covered loss, a Michigan federal judge ruled Jan. 6, dismissing the homeowners' putative class action against their insurers for denial of water damage claims (Frank Monteleone and Sheri Monteleone v. The AutoClub Group, et al., No. 13-12716, E.D. Mich.; 2015 U.S. Dist. LEXIS 510).

Mealey's Litigation Procedure - 10th Circuit Affirms Judgment For Insurer In Bad Faith Lawsuit

DENVER - A 10th Circuit U.S. Court of Appeals panel on Jan. 6 affirmed a lower court's finding that an insurer did not breach its contract or act in bad faith by denying an insured's accident claims based on the insured's failure to cooperate with the claim investigation (Kelly Bryant, et al. v. Sagamore Insurance Co., No. 14-7039, 10th Cir.; 2015 U.S. App. LEXIS 114).

Mealey's Litigation Procedure - Federal Judge Refuses To Dismiss Petition To Enforce ICC Arbitration Award

NEWARK, N.J. - A New Jersey federal judge on Jan. 6 found that a Swiss corporation sufficiently pleaded its claims for breach of contract and piercing the corporate veil against a New Jersey resident and refused to dismiss its petition to confirm an international arbitration award (Indagro S.A. v. Veniamin Nilva, et al., No. 07-cv-03742, D. N.J.; 2015 U.S. Dist. LEXIS 787).

Mealey's Insurance - Insured Failed To Properly Plead Bad Faith Claim, Federal Judge Rules

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 5 dismissed an insured's insurance bad faith and breach of contract lawsuit against his insurer, ruling that the insured failed to properly plead the elements of his bad faith claim (Anthony Mozzo v. Progressive Insurance Co., No. 14-5752, E.D. Pa.; 2015 U.S. Dist. LEXIS 192).

Mealey's Insurance - Judge Dismisses Insureds' Breach Of Contract Case Over Water Damage Claims

DETROIT - Homeowners failed to assert a breach of contract claim because an insurer owes no duty until an insured suffers a covered loss, a Michigan federal judge ruled Jan. 6, dismissing the homeowners' putative class action against their insurers for denial of water damage claims (Frank Monteleone and Sheri Monteleone v. The AutoClub Group, et al., No. 13-12716, E.D. Mich.; 2015 U.S. Dist. LEXIS 510).

Mealey's Litigation Procedure - Hotel Owners Ordered To Comply With Discovery In Contract Dispute

RAPID CITY, S.D. - A South Dakota federal magistrate judge on Jan. 2 granted in part a hotel chain operator's motion to compel "clear and unambiguous answers" to a series of discovery interrogatories in a breach of contract and trade secrets lawsuit, also awarding the plaintiff attorney fees as sanctions related to some of the requests (Atmosphere Hospitality Management LLC v. Shiba Investments Inc., et al., No. 5:13-cv-05040, D. S.D.; 2015 U.S. Dist. LEXIS 87).

Mealey's IP/Tech - Ohio Federal Judge Denies Dismissal In Contract, Copyright Case

COLUMBUS, Ohio - A third-party defendant on Jan. 5 failed to persuade an Ohio federal judge to dismiss claims that he breached a stock purchase agreement by failing to disclose an underlying allegation of copyright infringement (Huey Jiuan Liang v. AWG Remarketing Inc., et al., No. 14-99, S.D. Ohio; 2015 U.S. Dist. LEXIS 314).

Mealey's Insurance - Insurers Had No Duty To Defend Misrepresentation, Fraud Claims, Judge Finds

LOS ANGELES - Insurers had no duty to defend an insured against allegations that she misrepresented and acted fraudulently in the sale of her home, a California federal judge ruled Dec. 29, dismissing the insured's case for breach of contract and bad faith (Dolores Caffaro v. Travelers Property Casualty Insurance Co., et al., No. 13-7156, C.D. Calif.; 2014 U.S. Dist. LEXIS 177947).

Mealey's Insurance - Judge Finds Limitation Period Precludes Insured's Breach Of Contract Claim

LAS VEGAS - A policy's 12-month limitations period bars an insured's breach of contract claim regarding its insurer's denial of coverage for scratches on glass windows at a condominium development project, a Nevada federal judge ruled Dec. 24 (Queensridge Towers LLC v. Allianz Global Risks US Insurance Co., No. 13-197, D. Nev.; 2014 U.S. Dist. LEXIS 177433).

Mealey's Insurance - Genuine Issue Of Material Fact Exists In Insurance Bad Faith Suit, Judge Rules

HOT SPRINGS, Ark. - A federal judge in Arkansas on Dec. 19 ruled that summary judgment in an insurance breach of contract and bad faith lawsuit is not proper because a genuine issue of material fact exists with regard to an insured's remaining claim for breach of contract (Pennie Holder, et al. v. State Farm Fire and Casualty Insurance Co., No. 14-6053, W.D. Ark.; 2014 U.S. Dist. LEXIS 175834).

Mealey's Insurance - Judge Dismisses Insurers' Equitable Reimbursement Breach Of Contract Claims

RIVERSIDE, Calif. - Insurers failed to assert a claim for breach of contract and equitable reimbursement against insureds regarding their refusal to accept counsel appointed for an underlying construction defects case, a California federal judge ruled Dec. 19 (St. Paul Fire and Marine Insurance Co., et al. v. Centex Homes, et al., No. 14-01216, C.D. Calif.).