LexisNexis® Legal Newsroom
Mealey's Insurance - Judge Suspends Schedule For Claimant To Support Claim In Liquidation Proceeding

CHICAGO - An Illinois judge on March 10 granted a motion to suspend the briefing schedule on a liquidator's petition so that a claimant can secure documentation in support of his workers' compensation claim (In the Matter of the Liquidation of Illinois Movers' & Warehousemen's Risk...

Mealey's Insurance - Maryland Federal Judge Says Insured's Claims On Policy Exhaustion Not Timely Filed

BALTIMORE - A Maryland federal judge on March 10 granted motions for partial summary judgment filed by a number of insurers involved in an asbestos coverage dispute after determining that the insured's claims regarding the exhaustion of the insurers' policies were not timely filed (General Insurance...

Mealey's Insurance - Insureds Failed To Prove Bad Faith Claim, Delaware Supreme Court Concludes

WILMINGTON, Del. - Insureds failed to establish evidence that their insurer did not have a reasonable justification for denying their claim for water damage from a broken toilet to their condominium unit, the Delaware Supreme Court ruled March 13, affirming a directed verdict to the insurer on a bad...

Mealey's Insurance - Judge: Insured's Poor Work Does Not Trigger Insurer's Duty To Defend, Indemnify

DALLAS - Claims arising out of an insured's poor workmanship do not state allegations of property damage caused by an "occurrence," a Texas federal judge ruled March 10, finding that a commercial general liability insurer has no duty to defend or indemnify (Atlantic Casualty Insurance Co...

Mealey's Insurance - Judge Defines 'Collapse,' Finds Insurer Has No Duty To Indemnify Damage

CHICAGO - A homeowners insurance policy was intended to cover only a peril in which a building loses its character as a building, an Illinois federal judge ruled March 14, in defining "collapse" under the policy and finding that the insurer has no duty to indemnify damage caused by a contractor...

Mealey's Insurance - Other Insurer's Claims Handling Not Relevant In Bad Faith Suit, Judge Rules

TAMPA, Fla. - Reconsideration of a federal district court's ruling to grant an insurer a new trial in an insurance bad faith lawsuit is not warranted because an insured's reference to another insurer's claims handling for a bodily injury claim was not relevant and not properly considered...

Mealey's Insurance - Suit To Recover Reinsurance Losses From E&O Insurer Remanded To Trial Court

TRENTON, N.J. - A New Jersey appellate panel on March 10 issued a nonprecedential ruling reversing and remanding the dismissal of a breach of contract case against an errors and omissions (E&O) insurer, finding that shareholders of a reinsurer who had sued the E&Q policyholder did not receive...

Mealey's Insurance - Implied Covenant Of Good Faith Out In Indemnification Lawsuit For Worker's Injury

ROCHESTER, N.Y. - A New York federal judge on March 15 dismissed a claim of breach of implied covenant of good faith and fair dealing in a dispute over who pays for injuries to a construction subcontractor employee (Nazareth College of Rochester, et al. v. Harleysville Preferred Insurance Co., No. 16...

Mealey's Insurance - Judge Denies Insured's Remand Motion In Insurance Bad Faith Suit

COLUMBUS, Ohio - Remand of an insurance breach of contract and bad faith lawsuit to state court is not proper because the amount in controversy exceeds the statutory limit, a federal judge in Ohio ruled March 13 (Leslie Wyatt v. New England Mutual Life Insurance Co., et al., No. 17-40, S.D. Ohio, 2017...

Mealey's Insurance - Breach Of Contract Claim Completely Preempted By ERISA, Federal Judge Says

SAN DIEGO - A California federal judge on March 13 denied a disability claimant's motion to remand and granted a disability insurer's motion to dismiss after determining that a breach of contract claim is completely preempted by the Employee Retirement Income Security Act and fails to state a...

Mealey's Insurance - Federal Judge Bars Expert Testimony On Some Repair Costs For Insureds' Damages

TULSA, Okla. - An Oklahoma federal judge on March 14 excluded testimony from an expert on estimates to repair a master control center (MCC) and electrical costs as a result of insureds' damages caused by a contractor and subcontractor's inadequate design and installation of the concrete columns...

Mealey's Insurance - Judge Authorizes Liquidator To Pay Portion Of Homeowner Class Claim

CHICAGO - An Illinois judge on March 14 approved a liquidator's recommendation of a payment to a class of homeowners that won a construction defect lawsuit against a group of developers insured by an insolvent insurer (In the matter of the liquidation of Legion Indemnity Co., No. 02 CH 06695, Ill...

Mealey's Insurance - Federal Judge: Computer Fraud Policy Provision Does Not Cover Insured's Loss

ATLANTA - A federal court in Georgia on March 20 entered judgment in favor of an insurer on an insured's breach of contract and bad faith claims four days after a judge found that the insured's losses arising from a 2014 hacking incident of its payment-card reloading system did not trigger coverage...

Mealey's Insurance - Judge Rules On Insurer's Duty To Defend, Indemnify Construction Defects Case

BIRMINGHAM, Ala. - A commercial liability insurer had a partial duty to defend one of two insureds in an underlying construction defects case, an Alabama federal judge ruled March 16, granting in part and denying in part summary judgment to the insurer; however, the judge denied summary judgment on the...

Mealey's Insurance - Pollution Exclusion Bars Coverage For Suits Alleging Violations Of Clean Water Act

CLEVELAND - Because a policy's pollution exclusion clearly bars coverage for claims arising out of violations of the Clean Water Act, an Ohio federal judge March 16 granted an insurer's motion for judgment on the pleadings and terminated the insured's suit against its insurer (JTO Inc. v...

Mealey's Insurance - Judge Orders Rehabilitation Of Insolvent Illinois Insurers

CHICAGO - An Illinois judge on March 16 ordered the rehabilitation of a pair of insolvent insurers, noting that the insurers' directors had consented to the rehabilitation (People of the State of Illinois, ex rel., Jennifer Hammer, Director of the Illinois Department of Insurance v .Public Service...

Mealey's Insurance - 4th Circuit Reinstates Retaliation Claim In Suit Over Overbilling Clinics

RICHMOND, Va. - A federal judge in Virginia erred in finding that a physical therapist assistant's retaliation claim against his employer should be dismissed, finding that they were not subject to the False Claims Act's (FCA) first-to-file rule, a Fourth Circuit Court of Appeals ruled March 16...

Mealey's Insurance - Judge: Jury Instructions Not Needed To Properly State Law In Bad Faith Suit

ATLANTA - A federal district court did not abuse its discretion in denying a third party's proposed jury instructions in an insurance bad faith lawsuit because the proposed instructions were not necessary "to correctly state the law," an 11th Circuit U.S. Court of Appeals panel ruled March...

Mealey's Insurance - Panel Reverses Ruling Against Insurer In Professional Liability Coverage Dispute

INDIANAPOLIS - An Indiana appeals panel on March 16 reversed a lower court's denial of a professional liability insurer's motion for summary judgment and its entry of a declaratory judgment in favor of the insured's estate in a coverage dispute erupting from an underlying malpractice claim...

Mealey's Insurance - Judge Finds Dismissal Of Couple's Claim Does Not Establish Unfair Practices

NEW HAVEN, Conn. - A federal judge in Connecticut on March 17 dismissed a couple's claim that their insurer engaged in unfair and deceptive practices in violation of the Connecticut Unfair Insurance Practices Act (CUIPA) and the Connecticut Unfair Trade Practices Act (CUTPA) when denying their claim...

Mealey's Insurance - Judge: Insurer Breached Duty To Defend, Indemnify Construction Suit Settlement

ANCHORAGE, Alaska - An insurer breached its duty to defend and indemnify an insured for a settlement of underlying claims arising out of a breach of contract dispute on a construction project, an Alaska federal judge ruled March 16; however, the judge held that the insurer did not breach its duty of...

Mealey's Insurance - Reinsured Says It Is Not Necessary To Show Reasons For Settling Asbestos Claims

NEW HAVEN, Conn. - An insurer told a federal court in Connecticut on March 20 that its reinsurer is putting requirements on it that are not universally accepted as necessary under the follow-the-settlements doctrine (Travelers Casualty and Surety Company, f/k/a The Aetna Casualty and Surety Company v...

Mealey's Insurance - Insurer's Data Satisfies Florida's Definition Of Trade Secret, Majority Affirms

TALLAHASSEE, Fla. - A majority of a Florida appeals court on March 20 affirmed a lower court's ruling that an insurer's quarterly supplemental reporting (QUASR) data satisfies the definition of trade secret under state law and is, therefore, exempt from public disclosure (Office of Insurance...

Mealey's Insurance - Reinsurer Says Insurer Never Asked For Policy To Be Reinsured

PHILADELPHIA - A reinsurer asked a federal court in Pennsylvania on March 21 to dismiss an insurer's breach of contract counterclaim because the insurer allegedly never linked an underlying policy to a facultative certificate and, therefore, there is no contract between the parties reinsuring that...

Mealey's Insurance - Judge Agrees With Special Master, Finalizes Receivership Disallowance Of Claim

AUSTIN, Texas - A Texas judge on March 20 approved an application by an insolvent insurer's special deputy receiver (SDR) and declared the disallowance of a certain house fire claim final (The State of Texas and the Texas Department of Insurance v. Vesta Fire Insurance Corporation, et al., No. D...