LexisNexis® Legal Newsroom
Mealey's Insurance - Long-Term Disability Claim Was Properly Denied As Time-Barred, Judge Rules

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...

Mealey's Insurance - Insured Alleges Viable Claim Against Adjuster; Suit Must Be Remanded, Judge Says

AUSTIN, Texas - An insured's suit seeking coverage for property damages caused by a hail storm must be remanded to Texas state court because complete diversity of citizenship does not exist as the insured states a plausible claim for relief against the insurance adjuster, a Texas federal judge said...

Mealey's Insurance - Judge: Fact Issues Preclude Ruling In Coverage Suit On Unfair Competition Claims

NEWARK, N.J. - A New Jersey federal judge on Feb. 20 denied an insurer's motion for judgment on the pleadings in its lawsuit seeking a declaration that it has no duty to defend or indemnify its insured against underlying unfair competition claims (National Union Fire Insurance Company of Pittsburgh...

Mealey's Insurance - Federal Judge Dismisses Bad Faith Claim, Says Insured Failed To Support Claim

OKLAHOMA CITY - An Oklahoma federal judge on Feb. 20 dismissed an insured's bad faith claim against a health insurer after determining that the insured failed to allege facts supporting his claim that the health insurer's denial of coverage for proton beam radiotherapy was unreasonable (Anthony...

Mealey's Insurance - Claimant Opposes Insurer's Bid For Protection Of Injunction For Asbestos Claims

WILMINGTON, Del. - A motion by an asbestos liability insurer of former Chapter 11 debtor W.R. Grace & Co. to enforce the protective injunction in the debtor's reorganization plan to halt claimants in Montana from pursuing asbestos claims against the insurer should be stayed or dismissed because...

Mealey's Insurance - 9th Circuit: Seafood Firm Not Insured For Losses From Spoofed Emails

SAN FRANCISCO - Even though an employee was tricked into transferring funds to a criminal because of fraudulent, spoofed emails, a Ninth Circuit U.S. Court of Appeals panel on April 17 found that the direct cause of a seafood company's loss was the authorized employee's action, thus precluding...

Mealey's Insurance - Insurers Fail To Show Number Of 'Occurrences' In Defects Dispute, Judge Says

LAS VEGAS - A primary insurer and an excess insurer failed to demonstrate the number of proximate causes and the number of occurrences regarding coverage of a construction defects case against their mutual insured, a Nevada federal judge ruled April 18 (AIG Specialty Insurance Co. v. Liberty Mutual Fire...

Mealey's Insurance - Panel: Carrier, Broker Not Liable To Insurer For $84,511 In Damaged Batteries

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 17 affirmed a lower federal court's summary judgment ruling that rejected an insurer's lawsuit seeking to recover the $84,511.23 that it paid to its insured after a cargo of batteries that were owned by the insured's customer...

Mealey's Insurance - Judge Refuses To Dismiss, Stay Insurer's Suit Disputing Coverage For Gunshot Injury

CHARLESTON, W.Va. - A West Virginia federal judge on April 20 denied a claimant's motion to dismiss or, alternatively, stay a commercial general liability insurer's lawsuit seeking a declaration as to coverage for an underlying gunshot injury that occurred at a bar that was owned by its insured...

Mealey's Insurance - Another Suit Filed Over Liability Of W.R. Grace Insurers For Their Own Actions

WILMINGTON, Del. - Two more people suffering from asbestos disease joined the fray over whether an insurer can be held liable for asbestos claims arising from the mining operations of former Chapter 11 debtor W.R. Grace & Co. in Libby, Mont., with the claimants filing an adversary complaint April...

Mealey's Insurance - California Panel Affirms Rulings In Coverage Suit Arising From Train Crash

LOS ANGELES - A California appeals panel on April 19 affirmed a lower court's summary judgment rulings in a dispute arising from a Sept. 12, 2008, head-on collision between a commuter train and a freight train that killed 25 people (Those Certain Underwriters at Lloyd's, London, et al. v. Connex...

Mealey's Insurance - Federal Magistrate Judge Allows Breach Of Contract Counterclaim To Proceed

BALTIMORE - A Maryland federal magistrate judge on April 19 denied an insurer's motion to dismiss a breach of contract counterclaim in an asbestos coverage dispute but granted the insurer's motion to dismiss a bad faith counterclaim on the basis that the insured cannot allege a claim for bad...

Mealey's Insurance - Government Can Introduce Evidence Of Scheme To Defraud, Judge Rules

HONOLULU - The federal government can introduce evidence demonstrating that a speech therapist engaged in a scheme to defraud Tricare, a health care program for active military service members and their families, a federal judge in Hawaii ruled April 20, finding that the information is relevant to the...

Mealey's Insurance - Judge Confirms Receiver's Denial Of Claims In Insurer's Liquidation Proceeding

OKLAHOMA CITY - An Oklahoma judge on April 20 approved the state insurance commissioner's recommendation denying claims in the liquidation of Pride National Insurance Co. (Oklahoma v. Pride National Insurance Co., No. CJ-2013-1448, Okla. Dist., Okla. Co.).

Mealey's Insurance - Disability Claimant Can Supplement Administrative Record With Some Information

SPRINGFIELD, Mass. - A disability claimant is permitted to supplement the administrative record with information from a disability insurer's claims manual pertaining to the handling of vocational analyses and subjective pain complaints because the information is relevant to the review of the claimant's...

Mealey's Insurance - Kentucky Federal Judge Bars Opinions For Conflicting With Federal Regulations

LEXINGTON, Ky. - A medical expert cannot testify for an ambulance company accused of Medicare fraud because his opinions contradict federal Medicare regulations and are impermissible legal conclusions, a Kentucky federal judge decided April 20 (United States of America v. Arrow-Med Ambulance, Inc., et...

Mealey's Insurance - Excess Policy Does Not Cover $306,808 Post-Judgment Interest, 6th Circuit Affirms

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 20 affirmed a lower federal court's grant of summary judgment in favor of a commercial excess insurer in an insured's breach of contract lawsuit seeking to recover $306,808.46 in post-judgment interest that was awarded against it in...

Mealey's Insurance - Texas High Court Stays Coverage Suit To Decide If Judge Abused His Discretion

AUSTIN, Texas - The Texas Supreme Court on April 24 granted an insurer's motion for temporary relief to stay a coverage lawsuit over the installation of defective heating ventilation and air conditioning units pending its ruling on the insurer's petition for writ of mandamus seeking to clarify...

Mealey's Insurance - Third-Party Bad Faith Claim Against Auto Insurer Cannot Survive

HARRISBURG, Pa. - A Pennsylvania federal judge on April 23 dismissed a third-party bad faith claim alleged against the auto insurer of a first-party insured and a third-party insured after determining that pursuant to Pennsylvania law, the first-party insured can file only a first-party bad faith claim...

Mealey's Insurance - Excess Insurer's Suit Will Stay In Texas Federal Court; Transfer Not Appropriate

FORT WORTH, Texas - A Texas federal judge on April 20 denied an insured's motion to dismiss or to transfer an excess insurer's complaint seeking a coverage declaration regarding pollution liability costs incurred by the insured after determining that Texas is the proper venue because the excess...

Mealey's Insurance - Judge Refuses To Reconsider Ruling In Favor Of Insurer, Agent In Flood Dispute

HOUSTON - A Texas federal judge on April 23 denied an insured's motion to reconsider her ruling last month in favor of a federal flood insurer and its insurance agent in a lawsuit arising from flood damage (Al Cohen v. Allstate Insurance Company, et al., No. 17-2484, S.D. Texas, 2018 U.S. Dist. LEXIS...

Mealey's Insurance - Insurer, Reinsurer Propose Revised Schedule For Asbestos Coverage Dispute

SYRACUSE, N.Y. - A New York federal magistrate judge on April 23 granted an insurer's new proposed schedule in an asbestos coverage case with its reinsurer regarding the production of documents (Utica Mutual Insurance Co. v. R&Q Reinsurance Co., No. 15-270, N.D. N.Y.).

Mealey's Insurance - Disability Insurer Ordered To Supplement Interrogatories With Compensation Information

NEW ORLEANS - A Louisiana federal magistrate judge on April 23 determined that a disability insurer must supplement its answers to a disability claimant's interrogatories regarding compensation paid to attorneys and physicians who advised the disability insurer during the administration of the plan...

Mealey's Insurance - Federal Magistrate Judge Recommends Against Dismissal, Says Jurisdiction Exists

OPELIKA, Ala. - An Alabama federal magistrate judge on April 20 recommended against dismissing a former college football player's breach of contract and bad faith suit against a disability insurer after determining that the insurer does have sufficient minimum contacts with the state of Alabama for...

Mealey's Insurance - Judge Says Health Insurer Is Bound By Agreement In Provigil Reverse Payment Case

PHILADELPHIA - A Pennsylvania federal judge on April 20 denied a motion by UnitedHealthcare Services Inc. for summary judgment declaring that a $125 million memorandum of understanding (MOU) between health payers and Teva Pharmaceutical Industries Ltd. in a Provigil reverse settlement case is not binding...