LexisNexis® Legal Newsroom
Mealey's Insurance - 2nd Circuit Panel Says Policy Is Ambiguous On Insurer's Liability Limits

NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 10 vacated a district court's award of partial judgment on the pleadings entered in favor of an insured seeking coverage for an oil spill after determining that the policy language regarding the insurer's liability to the insured is...

Mealey's Insurance - Washington Federal Judge: Insurers Breached Duty To Defend In Environmental Suit

SEATTLE - A Washington federal judge on Feb. 10 granted an insured's motion for summary judgment after determining that three insurers breached their contracts of insurance by refusing to defend the insured against state and federal agency claims arising out of environmental contamination because...

Mealey's Insurance - Texas Panel Finds Take- Nothing Judgment In Hurricane Ike Coverage Suit Was Proper

HOUSTON - A Texas appeals panel held Feb. 9 that a take-nothing judgment against insureds is proper because a commercial insurer overpaid the actual cash value of Hurricane Ike property damage by more than $1.5 million based on the jury's findings as to actual cash value (Triyar Companies, LLC, et...

Mealey's Insurance - Policy Limits Coverage For Insureds' Water Damage, New York Panel Majority Says

ROCHESTER, N.Y. - Because an insurance policy limits coverage to $25,000 for water damage and an insured property was damaged by water that entered the basement through a broken conduit, a trial court erred in denying the insurer's motion for summary judgment, a Fourth Department New York Supreme...

Mealey's Insurance - California Appeals Panel Says No Additional Coverage Owed For Water Damages

SAN FRANCISCO - An insurer owes no additional coverage for water damages to an insured's condominium, the First District California Court of Appeal, Division Four, said Feb. 10 after determining that substantial evidence supports a jury's verdict in favor of the insurer (Greg Kawai v. State Farm...

Mealey's Insurance - Judge: Breach Of Contract, Bad Faith Claims Not Filed Within Limitations Period

SACRAMENTO, Calif. - An insured's claims for insurance breach of contract and bad faith against his insurer were not timely filed within the contractual limitations period and the insured failed to show that the insurer engaged in any outrageous conduct to support a claim for intentional infliction...

Mealey's Insurance - Judge: Claims Alleging Wrongful Antitrust, Monopolizing Conduct Are Related

ORLANDO, Fla. - Judgment was entered in favor of insurers on Feb. 15, one day after a Florida federal judge found that there is no further coverage owed to insureds for lawsuits alleging that they have intentionally engaged in wrongful antitrust and monopolizing conduct in an effort to dominate the health...

Mealey's Insurance - Insured's Breach Of Contract Is Barred By 2-Year Statute Of Limitations, Judge Says

DENVER - A two-year statute of limitations precludes an insured's breach of contract claim against its insurer for denied coverage for property damage to commercial properties, a Colorado federal judge ruled Feb. 13 (The Pinewood Townhome Association Inc. v. Auto-Owners Insurance Co., No. 15-01604...

Mealey's Insurance - Judge Denies Objection, Says Magistrate Judge's Discovery Order Was Proper

SALT LAKE CITY - A federal judge in Utah on Feb. 13 denied an insolvent insurer's objection to a magistrate judge's order compelling discovery of certain categories of information sought by a group of the insolvent insurer's former directors and officers (Western Insurance Company v. Dick...

Mealey's Insurance - Insureds Failed To Comply With Post-Loss Obligations, Florida Panel Says, Reverses

MIAMI - A Florida appeals panel on Feb. 15 reversed a lower court's ruling compelling appraisal against an insurer in a Hurricane Wilma coverage dispute, finding that the insureds failed to comply with their post-loss duties under their insurance policy (State Farm Florida Insurance Co. v. Jose R...

Mealey's Insurance - Insureds Failed To File Suit Within 1-Year Limitation Period, Federal Judge Says

LOS ANGELES - Because insureds seeking coverage for damages to their home caused by a sewage backup did not file their lawsuit against their insurers until well after the policy's one-year limitation period expired, a California federal judge on Feb. 13 granted the insurers' motion for summary...

Mealey's Insurance - Magistrate Judge Recommends Entering Default Against Doctor, Clinics For Fraud

NEW YORK - A federal magistrate judge in New York on Feb. 13 recommended that a federal judge enter default judgment against a doctor and the clinics he owned for common-law fraud and violation of the Racketeer Influenced and Corrupt Organizations Act for his role involving the submission of fraudulent...

Mealey's Insurance - Claimant's Suit Was Timely Filed, California Federal Judge Says

SAN FRANCISCO - A disability claimant's suit alleging wrongful termination of benefits was timely filed, a California federal judge said Feb. 13 after determining that the plan's three-year limitations period did not begin to run until after the 180-day deadline to appeal the termination of benefits...

Mealey's Insurance - Texas High Court Refuses To Rehear Ruling On Discovery Order In Hailstorm Dispute

AUSTIN, Texas - The Texas Supreme Court refused to revisit its ruling in a hailstorm coverage dispute that directed a lower court to vacate the part of its discovery order compelling production of management reports and emails and to re-evaluate the issue of sanctions against the insurer, according to...

Mealey's Insurance - 10th Circuit Panel Says No Breach Of Contract For Denying Claim For Damages

DENVER - Because an insured failed to establish that it suffered water damage to "covered property" at a renovation project under a builders risk policy, the 10th Circuit U.S. Court of Appeals on Feb. 16 affirmed a Colorado federal judge's finding that the insurer properly denied coverage...

Mealey's Insurance - Federal Judge Says Claimant Is Residually Disabled, Not Totally Disabled As Required

ATLANTA - A disability claimant is not entitled to benefits under a policy's lifetime sickness rider because the claimant is residually disabled and not totally disabled as required for benefits under the rider, a Georgia federal judge said Feb. 15 (William F. Nefsky v. Unum Life Insurance Company...

Mealey's Insurance - Judge Converts Motion To Dismiss, Orders Further Briefing In Bad Faith Suit

ALBUQUERQUE, N.M. - Unable to determine from the evidence provided whether an insured's disability benefits plan is governed by the Employee Retirement Income Security Act of 1974 (ERISA), a federal judge in New Mexico on Feb. 14 converted the insurer's motion to dismiss to a motion for summary...

Mealey's Insurance - 7th Circuit Reverses Ruling In Part In Airport Collapse Coverage Suit

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 17 partly reversed a lower federal court's ruling in favor of an insurer in a coverage dispute arising from the collapse of an airport terminal during construction (Indianapolis Airport Authority v. Travelers Property Casualty Co. of America...

Mealey's Insurance - Judge Approves Reinsurance Commutation Agreement For Insolvent Insurer

CHICAGO - An Illinois judge on Feb. 16 approved the commutation of certain reinsurance contracts covering third-party construction defect claims in an agreement between a reinsurer and an insolvent insurer (In the matter of the liquidation of Legion Indemnity Co., No. 02 CH 06695, Ill. Cir., Cook Co...

Mealey's Insurance - Claims In Bad Faith Suit Not Subject To ERISA Preemption, Magistrate Rules

NEWARK, N.J. - Remand of an insurance breach of contract and bad faith lawsuit to state court is proper because a third-party's claims are not preempted by the Employee Retirement Income Security Act (ERISA), a federal magistrate judge in New Jersey ruled Feb. 17 (North Jersey Brain & Spine Center...

Mealey's Insurance - Conservator Asks Court To Convert Conservatorship To Liquidation

SAN FRANCISCO - California's insurance commissioner asked one of his state's courts on Feb. 17 to declare an insurer insolvent and order its liquidation (Dave Jones, Insurance Commissioner of the State of California v. CastlePoint National Insurance Company, and DOES 1-50, No. CPF-16-515183,...

Mealey's Insurance - 9th Circuit Reverses, Remands Excess Coverage Suit Over Racial Discrimination Claim

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Feb. 21 reversed and remanded a lower federal court's ruling in a dispute over excess coverage for a settlement demand in an underlying racial discrimination lawsuit against the city of Montebello, Calif. (Security National Insurance Co...

Mealey's Insurance - New York Panel: Insurer's Expert Report Never Rose Above Level Of Speculation

NEW YORK - A New York appeals panel on Feb. 21 found that an insurer failed to demonstrate prima facie that all of its restaurant insured's claimed losses were caused by flood waters resulting from Superstorm Sandy (Pastabar Cafe Corporation v 343 East 8th Street Associates, LLC, et al. No. 2899...

Mealey's Insurance - 2nd Circuit Ends $7.8M Appeal Of Reinsurance Judgment Debtor

NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 21 acknowledged a stipulation and ended the appeal of a judgment debtor that opposed a $7.8 million lower court ruling against it (AmTrust North America, Inc. and Technology Insurance Company, Inc., as judgment creditors of Pacific Re, Inc....

Mealey's Insurance - Federal Judge Dismisses Insurer's Suit Alleging Trade Secret Misappropriation

ATLANTA - A federal judge in Georgia on Feb. 22 held that an insurer has failed to show that defendants misappropriated trade secrets to establish a competing business or that they violated the Computer Fraud and Abuse Act (CFAA), dismissing the insurer's lawsuit with prejudice (HCC Insurance Holdings...