LexisNexis® Legal Newsroom
insurance on building

Gecko lizard on car

tree damage to house

insurance adjuster

Ins Cov IP Claims Front Cover

Mealey's Insurance - Insurer, Reinsurers Reach Stipulation Of Dismissal In Breach Of Contract Suit

BRIDGEPORT, Conn. - An insurer and reinsurers submitted a stipulation of dismissal with prejudice on July 11 of their breach of contract dispute in the Connecticut federal court regarding an underlying asbestos claims settlement (Travelers Casualty and Surety Co. v. Nationwide Mutual Insurance Co., et...

Mealey's Insurance - New Jersey Man Sues Insurance Guaranty Association For Injuries

PATERSON, N.J. - A New Jersey man sued the state's insurance guaranty association in a New Jersey court on July 11 for personal injuries sustained when he was struck as a pedestrian by a vehicle (Arison Rodriguez v. New Jersey Property-Liability Insurance Guaranty Association, et al., No. PAS-L-002309...

Mealey's Insurance - Federal Judge Says Claim Against Auto Insurer For Excess Damages Fails

BATON ROUGE, La. - A Louisiana federal judge on July 12 granted summary judgment in favor of an auto insurer after determining that a third-party claimant who obtained an assignment of rights from an insured is not entitled to recover damages in excess of the policy limits because the issue of damages...

Mealey's Insurance - Insured Permitted To Offer Evidence Related To Cessation Of Remediation Work

KANSAS CITY, Mo. - A Missouri federal judge on July 12 denied an insurer's motion to exclude evidence related to an insured's cessation of environmental remediation work at a former ammunition plant owned by the insured after determining that the theory presented by the insured is not a new theory...

Mealey's Insurance - Delaware High Court Says No Coverage Owed As Policies Were Not Validly Assigned

DOVER, Del. - The Delaware Supreme Court on July 16 reversed a lower court's ruling in favor of an insured in an asbestos coverage dispute after determining that Texas law, which does not recognize the assignment of insurance policy rights without an insurer's consent, applies to the policies...

Mealey's Insurance - Judge: Insurance Bad Faith Suit Barred By Doctrine Of Laches

LAS VEGAS - Summary judgment in an insurance bad faith lawsuit is appropriate because an insurer has shown that a plaintiff engaged in an unreasonable delay in bringing his lawsuit against the insurer for failure to pay death insurance benefits and are, thus, barred by laches, a federal judge in Nevada...

Mealey's Insurance - California Panel Affirms Restitution Amount For Unemployment Benefits Fraud

SAN FRANCISCO - A California appeals court panel on July 16 affirmed a trial court's ruling requiring a flower shop owner to pay $14,200 in restitution to a former employee after she pleaded no contest to fraud charges stemming from her failure to pay for unemployment and workers' compensation...

Mealey's Insurance - Federal Judge Rules On Motions In Limine In Coverage Suit Over Tornado Damage

OKLAHOMA CITY. - An Oklahoma federal judge on July 13 granted in part and denied in part an insurer's motion in limine and denied the insured's motion in limine in its entirety in a coverage dispute over property damage caused by a tornado (Charles A. Shadid LLC v. Aspen Specialty Insurance Co...

Mealey's Insurance - California Man Sues Used Car Seller, Shell Reinsurer For Fraud

FRESNO, Calif. - A California man filed a complaint on July 12 in a California court against a used-vehicle seller and its affiliates, including an illegal shell reinsurance company, accusing them of being involved in three fraudulent schemes in the sale of used vehicles and violating California'...

Mealey's Insurance - Federal Judge Stays Coverage Suit Over Claims Cell Phone Tower Damaged Building

SEATTLE - Exercising inherent authority, a Washington federal judge on July 13 paused T-Mobile Northeast LLC's lawsuit seeking coverage for alleged damage caused by a cell phone tower to allow two related lawsuits to proceed (T-Mobile Northeast LLC v. Selective Insurance Company of America, No. 17...

Mealey's Insurance - Bank For Clinic Accused Of Fraud Must Produce Records, Magistrate Says

TAMPA, Fla. - A health care clinic and doctor accused of submitting fraudulent medical bills for automobile accident victims to the Government Employees Insurance Co. (GEICO) failed to have a subpoena served on their bank quashed after a federal magistrate judge in Florida ruled July 16 that the records...

Mealey's Insurance - Insureds' Mold Coverage Suit Remanded To Louisiana State Court

NEW ORLEANS - A Louisiana federal judge on July 13 granted a motion to remand a mold coverage suit filed by insureds after determining that the insurer failed to prove that the insurance agency was fraudulently joined to defeat diversity jurisdiction (Allen T. Jackson, et al. v. QBE Specialty Insurance...

Mealey's Insurance - Insurance Policies Possessed By Nonparty Are Relevant, Magistrate Judge Says

BUFFALO, N.Y. - A nonparty company named as a defendant in underlying asbestos suits, along with an insured, must provide an insurer with information about insurance policies it possessed because the policies are relevant in determining the insurer's coverage obligations to its insured, a New York...

Mealey's Insurance - Judge Dismisses UCL Claim Related To Insurance Sales, Grants Leave To Amend

LOS ANGELES - A California federal judge on July 12 granted motions filed by insurers to dismiss claims against them in relation to an alleged unlawful scheme that involved one insurer profiting from the sale of its policies on behalf of two other insurers, holding that insureds failed to state claims...

Mealey's Insurance - Judge: Assignee Fails To Show Professional Liability Insurer Acted In Bad Faith

PHILADELPHIA - A Pennsylvania judge on July 13 found that an insured's assignee failed to demonstrate any conduct on the part of a professional liability insurer and attorneys that even remotely indicates that they acted in bad faith or committed professional negligence in defending the insured against...

Mealey's Insurance - Federally Reinsured Crop Insurance's Interpretation Upheld By 8th Circuit

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on July 17 affirmed the entry of summary judgment to federal agencies on their interpretation of federally reinsured crop insurance policies that resulted in the denial of four farms' claims for indemnity (Bottoms Farms Partnership, et al. v. Sonny...

Mealey's Insurance - Insureds' Bad Faith Claim In Water Damage Suit Is Sufficiently Supported

PHILADELPHIA - A Pennsylvania federal judge on July 17 denied an insurer's motion to dismiss a bad faith claim in a water damage coverage dispute after determining that the insurer failed to offer sufficient evidence in support of its argument that its coverage denial was reasonable (Overbrook Properties...

Mealey's Insurance - Insurer Has Standing To Pursue Declaratory Judgment Claim, Judge Says

ALBUQUERQUE, N.M - A commercial general liability insurer has standing to assert a declaratory judgment claim against a condominium association in a coverage dispute over an underlying construction defects action, a New Mexico federal judge ruled July 16 (United Fire and Casualty Co. v. Caskey Drywall...

Mealey's Insurance - Federal Judge Extends Class Certification Motion Deadline In Reinsurance Dispute

SACRAMENTO, Calif. - A California federal judge on July 17 extended deadlines for a class certification motion, a response and a reply in two putative class actions over a reinsurance participation agreement (RPA) (Shasta Linen Supply Inc. v. Applied Underwriters Inc., et al., Nos. 16-00158 & 16...

Mealey's Insurance - Insurer Files Breach Of Contract Counterclaim Against Reinsurers

NEW YORK - An insurer counterclaimed for breach of contract on July 16 against two reinsurers in a New York federal court, seeking a declaration that the insurer cannot arbitrate claims asserted under facultative reinsurance contracts for losses of $2.5 million (Continental Insurance Company of New Jersey...