SAN DIEGO - Dismissal of an insured's insurance breach of contract and bad faith lawsuit is necessary because her claims were not brought within the applicable statute of limitations and she has failed to show that the limitations period was tolled by the discovery rule, a federal judge in California ruled Feb. 20 in granting an insurer's motion to dismiss (Laurel Davis v. Liberty Life Assurance Company of Boston, No. 17-0738, S.D. Calif., 2018 U.S. Dist. LEXIS 27045).
PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Feb. 21 affirmed a trial court's decision to grant summary judgment to a restaurant where a woman claimed that she contracted an infection from the clams because she did not prove that the restaurant created the defect in the clams (Maureen Horan, et al. v. Dilbert Inc., et al., No. 17-2243, 3rd Cir., 2018 U.S. App. LEXIS 4410).
BUFFALO, N.Y. - New York's top court on Feb. 15 agreed to hear a dispute over whether a contract involving coke oven batteries are products for the purposes of an asbestos products liability action or whether the construction project constituted services (In the matter of the Eighth Judicial District Asbestos Litigation, Donald J. Terwilliger, et al. v. Beazer East Inc., et al., No. APL-2018-00023, N.Y. App., 2018 N.Y. LEXIS 187).
SAN FRANCISCO - Remand of an insurance breach of contract and bad faith lawsuit to state court is necessary because the Ninth Circuit U.S. Courts of Appeals has yet to adopt the "fraudulent misjoinder" standard established by the 11th Circuit, which an insurer argues is the basis for the action's removal to federal court in the first place, a federal judge in California ruled Feb. 13 in remanding the action to state court (Maria I. Delgado v. Primerica Life Insurance Co., et al., No. 17-3744, N.D. Calif., 2017 U.S. Dist. LEXIS 23615).
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Feb. 14 affirmed a lower court's dismissal of a breach of contract, unjust enrichment, fraudulent inducement and intentional and negligent misrepresentation lawsuit against a federal flood insurer, reiterating that the claims are preempted by the National Flood Insurance Act (NFIA) (D&S Remodelers Inc. v. Wright National Flood Insurance Services LLC, et al., No.17-5554, 6th Cir., 2018 U.S. App. LEXIS 3382).
NEW HAVEN, Conn. - After dismissing all claims based on a "collapse" from faulty concrete against one homeowners insurer for not occurring during its policy period, a Connecticut federal judge on Feb. 13 dismissed all but a breach of contract claim against another insurer because a reasonable jury could find that the insurer breached its policy (Shawn M. Kowalyshyn, et al. v. Excelsior Insurance Co., et al., No. 16-00148, D. Conn., 2018 U.S. Dist. LEXIS 22981).
NEW YORK - In a coverage dispute over asbestos litigation costs, a reinsurer and insurer submitted letters on Feb. 9 to the Second Circuit U.S. Court of Appeals concerning how a New York high court ruling applies to a reinsurance contract's per-occurrence liability cap (Global Reinsurance Corporation of America v. Century Indemnity Co., No. 15-2164, 2nd Cir.).
SAN FRANCISCO - A California federal judge on Feb. 9 refused to dismiss a borrower's claims for breach of contract and negligence asserted by a borrower against a bank but found that the bank did not commit unlawful acts in violation California's unfair competition law (UCL) and that part of his claim for violation of the California Homeowners Bill of Rights (HBOR) also failed (Steve Johnson v. Nationstar Mortgage LLC, No. 3:17-cv-03676, N.D. Calif., 2018 U.S. Dist. LEXIS 22829).
TAMPA, Fla. - Competing experts in a breach of contract lawsuit over the inspection of a company's airplane both had their proposed testimony limited Feb. 13 by a Florida federal judge (Oil Consulting Enterprise, Inc. v. Hawker Beechcraft Global Customer Support, LLC, No. 8:16-cv-3453, M.D. Fla., 2018 U.S. Dist. LEXIS 23273).
TRENTON, N.J. - An auto insurer is liable for personal injury protection (PIP) benefits for an unnamed additional insured under terms of a voided insurance contract, a New Jersey appeals panel affirmed Feb. 8 (Tyrone S. Henry Sr., et al. v. Santosh S. Bhowmik, et al., No. A-3331-15T4, N.J. Super., App. Div., 2018 N.J. Super. Unpub. LEXIS 286).
NEW YORK - The purchaser of Russian chick peas that were never delivered pursuant to three contracts sued the seller of the product in a New York federal court on Feb. 9, seeking to confirm an English arbitral award issued in its favor (PKT Associates Inc. v. Granum Group LLC, No. 1:18-cv-01169, S.D. N.Y.).
TRENTON, N.J. - A federal judge in New Jersey on Feb. 9 granted a motion by three doctors to dismiss a medical malpractice suit against them after finding that the court does not have jurisdiction over the case, in which a woman claimed that she contracted an infection after a surgery (Francie Meth v. Thomas Jefferson Hospitals Inc., et al., No. 3:17-CV-13323, D. N.J., 2018 U.S. Dist. LEXIS 21312).
NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 6 affirmed a $41.5 million jury award against a private school in Connecticut for negligence in a lawsuit claiming that a student contracted tick-borne encephalitis (TBE) during a school trip to China, finding that the trial court did not abuse its discretion in its expert witness rulings (Orson D. Munn, III, et al. v. The Hotchkiss School, No. 14-2410, 2nd Cir., 2018 U.S. App. LEXIS 2852).
CHICAGO - In a lawsuit alleging a kickback scheme in lender-placed insurance, an Illinois federal judge on Feb. 8 dismissed most of the claims except for breach of contract and bad faith claims pertaining to alleged overcharging of nonexistent inspections (Mariusz Dolegiewicz v. U.S. Bank Trust, N.A., et al., No. 17-4737, N.D. Ill., 2018 U.S. Dist. LEXIS 21089).
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 6 reinstated a class suit accusing an insurance company of breaching its long-term care policy by doubling an insured's premiums after she turned 67, ruling that the lead named plaintiff is entitled to relief on her contract claim and that, as a result, dismissal of the remaining claims was premature (Margery Newman, et al. v. Metropolitan Life Insurance Company, No. 17-1844, 7th Cir., 2018 U.S. App. LEXIS 2890).
ALBUQUERQUE, N.M. - A New Mexico federal judge on Feb. 6 ruled in favor of an errors and omissions insurer in a title services company insured's lawsuit alleging breach of contract, bad faith and violation of New Mexico's Unfair Claims Practices Act (Aztec Abstract & Title Insurance, Inc. v. Maxum Specialty Group & Maxum Indemnity Co., No. 16-103, D. N.M., 2018 U.S. Dist. LEXIS 19305).
PITTSBURGH - An insured is not in contractual privity with a reinsurer under an insurance policy or a reinsurance agreement, a Pennsylvania federal judge held Feb. 8, dismissing breach of contract, bad faith and civil conspiracy claims (Three Rivers Hydroponics LLC v. Florists' Mutual Insurance Co., et al., No. 15-00809, W.D. Pa., 2018 U.S. Dist. LEXIS 20699).