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Mealey's Insurance - Magistrate Judge Grants Reinsurer's Motion To Compel Production Of Documents

SACRAMENTO, Calif. - In two putative class actions over a reinsurance participation agreement (RPA), a California federal magistrate judge on June 14 ordered an insurance agency to produce nonprivileged, responsive information requested by a reinsurer and its affiliates (Shasta Linen Supply Inc. v. Applied...

Mealey's Insurance - Judge Enters Default Judgment Against Insured In Suit Over Minor's LSD Ingestion

PHOENIX - An Arizona federal judge on June 14 granted a homeowners insurer's motion to enter a default judgment against its insured in its declaratory judgment lawsuit disputing coverage for an underlying lawsuit alleging that the insured was negligent for providing a minor with an illicit drug ...

Mealey's Insurance - Alabama High Court Partly Reveres Ruling In Broker Liability Dispute

MONTGOMERY, Ala. - The Alabama Supreme Court on June 15 partly reversed a lower court's ruling in favor of a brokerage firm in a negligence and wantonness lawsuit brought by insureds (Jimmy Larry Beddingfield et al. v. Mullins Insurance Company, et al., No. 1170143, Ala. Sup., 2018 Ala. LEXIS 60...

Mealey's Insurance - Contractual Liability Exclusion Does Not Bar Coverage, Arizona High Court Affirms

PHOENIX - The Arizona Supreme Court on June 14 found that a homeowners insurance policy's "contractual liability" exclusion does relieve an insurer of its duty to defend its builder-vendor insured against an underlying negligent excavation claim arising from rockslide damage, finding that...

Mealey's Insurance - Disability Benefits Suit Remanded For Determination On Equitable Remedy

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 15 remanded a disability benefits dispute to the district court to determine whether the claimant is entitled to equitable relief based on the disability plan's failure to properly offset the claimant's disability benefits (Petar...

Mealey's Insurance - 9th Circuit Rejects Excess Insurer's Appeal Seeking $1M From Primary Insurer

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 18 affirmed a lower court's ruling that a primary insurer does not owe an additional $1 million under a Parking Operations Errors and Omissions Endorsement for injuries allegedly incurred at a parking garage (Scottsdale Insurance Company...

Mealey's Insurance - Objections Overruled, Insurance Bad Faith Suit Remanded To State Court

HOUSTON - A federal judge in Texas on June 18 overruled a series of objections filed by an insurer in an insurance breach of contract and bad faith lawsuit, ruling that a federal magistrate judge properly recommended that insureds' lawsuit against the insurer stemming from denial of their homeowners...

Mealey's Insurance - California Federal Judge Overturns Insurer's Denial Of LTD Benefits

SAN FRANCISCO - A disability claimant is entitled to long-term disability (LTD) benefits because the evidence from the claimant's treating physicians and evidence obtained from the disability insurer's medical reviewers support a finding that the claimant is disabled under the plan's any...

Mealey's Insurance - Judge: No Coverage For Insured's Costs From Nondefective Repairs

SALT LAKE CITY - Two insurers owe no coverage to an insured contractor for costs incurred from repairing nondefective parts of construction projects as a result of the process to remove and replace a subcontractor's nonconforming lumber, a Utah federal judge ruled June 18 (Big-D Construction Midwest...

Mealey's Insurance - Tax Judge: Company Did Not Issue Insurance, Reinsurance Contracts

WASHINGTON, D.C. - Because a company did not issue insurance or reinsurance contracts during the tax years at issue, a U.S. tax judge ruled June 18 that it did not receive more than 50 percent of its gross receipts from insurance premiums (Reserve Mechanical Corp. v. Commissioner of Internal Revenue...

Mealey's Insurance - Insurer's Lead Coverage Suit Permitted To Proceed; Motion To Stay Denied

SAN FRANCISCO - A stay of an insurer's suit seeking a declaration regarding its duty to defend an insured in an underlying lead exposure suit is not warranted because the insurer's coverage suit does not present the same issues as the underlying lead exposure suit and the insured will not be...

Mealey's Insurance - Maryland Casualty Says Latest Insurer Liability Action Should Get The Boot

WILMINGTON, Del. - A recent lawsuit in a string of actions seeking to hold insurers of former Chapter 11 debtor W.R. Grace & Co. liable for claimants' asbestos diseases should be dismissed because a Delaware federal bankruptcy judge has already found that the claims are barred by the protections...

Mealey's Insurance - 'Your Product' Exclusion Bars Coverage For Costs To Repair Insured's Units

MINNEAPOLIS - Costs to repair and replace an insured's insulating glass units (IGUs) are precluded by the "your product" exclusion, a Minnesota federal judge ruled June 18, granting and denying in part summary judgment to an insurer (National Union Fire Insurance Company of Pittsburgh,...

Mealey's Insurance - 11th Circuit Dismisses Appeal In Mold Damages Suit, Says Orders Are Not Appealable

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 18 dismissed an appeal by insureds seeking coverage for mold damages after determining that jurisdiction does not exist because the district court did not issue a final and appealable judgment against the insureds (A. Denise Aldridge, et al. v...

Mealey's Insurance - Judge Adopts Recommendation To Revoke Fraud Defendant's Supervised Release

COVINGTON, Ky. - A federal judge in Kentucky on June 19 adopted a magistrate judge's June 15 recommendation to order a man who pleaded guilty to three counts of aiding and abetting insurance fraud to serve 14 months in prison for violating the conditions of his supervised release (United States of...

Mealey's Insurance - New Jersey High Court Grants Insurer Leave To Appeal PIP Benefits Ruling

TRENTON, N.J. - The New Jersey Supreme Court on June 15 granted an auto insurer leave to appeal a ruling finding the insurer liable for personal injury protection (PIP) benefits for an unnamed additional insured under terms of a voided insurance contract (Tyrone S. Henry Sr., et al. v. Santosh S. Bhowmik...

Mealey's Insurance - Insureds Object To Magistrate's Recommendation In Dispute Over $1.8M In Fine Wine

DENVER - Insureds on June 19 objected to a magistrate's recommendation to deny their renewed motion for leave to amend their complaint in a dispute over coverage for more than $1.8 million in undelivered fine wine, contending the magistrate constructed an excuse for the insurer and then relied upon...

Mealey's Insurance - Native Alaskan Village Sues Contractor Over Work Done On Hydroelectric Plant

ANCHORAGE, Alaska - A Native Alaskan village and its council say in a June 18 federal court lawsuit that a construction company owes the village $450,000 for shoddy work done and then left unrepaired on the village's hydroelectric plant (Native Village of Chignik Lagoon v. Orion Marine Contractors...

Mealey's Insurance - Insured Seeks Coverage For Suit Disputing Constitutionality Of Probationary Services

WILMINGTON, Del. - An insured on June 15 sued its excess insurer in Delaware Superior Court, seeking coverage for a class action challenging the constitutionality of its subsidiary's private probationary services (Providence Service Corporation v. Illinois Union Insurance Company, No. 18C-06-114...

Mealey's Insurance - Judge Finds Service On Niece Of Doctor Accused Of Fraud Sufficient

ANN ARBOR, Mich. - A federal judge in Michigan on June 19 denied a doctor's motion to dismiss a lawsuit brought by Allstate Insurance Co. accusing him and his practice of submitting fraudulent claims, finding that service of the complaint to his niece was sufficient to establish that he lived there...