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Mealey's Insurance - Legal Conclusions Out, Rest Of Testimony In, Judge Says In Coverage Row

MOBILE, Ala. - The legal nature of the opinions of one expert witness for an insurer in a coverage dispute over underlying trademark infringement claims precludes the expert from testifying about such opinions, but the expert's other opinions, and those of a second expert for the insurer, are admissible...

Mealey's Insurance - Expert Testimony Gets In Due To Missed Deadline, Mississippi Federal Judge Rules

HATTIESBURG, Miss. - A Mississippi federal judge on May 15 rejected competing requests to exclude evidence and testimony in an insurance coverage dispute over storm property damage claims, allowing two experts to testify for the property owner and saying laypersons can testify about the period of restoration...

Mealey's Insurance - Arkansas Statute Doesn't Apply To Disability Policies, Texas Federal Judge Finds

HOUSTON - A Texas federal judge on May 17 dismissed a disability claimant's suit after determining that an Arkansas statute providing for a five-year limitations period for filing a suit against an insurer applies only to life and property policies and not to disability policies (Ricardo Rodriguez...

Mealey's Insurance - Adjuster Was Improperly Joined To Coverage Dispute Over Storm Damage, Judge Says

SHERMAN, Texas - A Texas federal judge on May 16 denied insureds' motion to remand their breach of contract and bad faith lawsuit arising from storm damage, finding that they failed to allege a claim that is plausible on its face against an insurance adjuster (Hidden Cove Park and Marina, et al....

Mealey's Insurance - Bodily And Personal Injury Coverage Was Not Triggered, Judge Says, Dismisses Suit

CLARKSBURG, W.Va. - Granting an insurer's motion for summary judgment, a West Virginia federal judge on May 16 held that the insurer has no duty to defend or indemnify an underlying complaint alleging that a restaurant insured violated the West Virginia Human Rights Act (WVHRA) (Grand China Buffett...

Mealey's Insurance - Judge Refuses To Dismiss Fraud Claims Against Man Accused Of Concealing Coverage

OXFORD, Miss. - A federal judge in Mississippi on May 16 denied a man's motion for partial summary judgment on fraud claims brought by passengers who were injured in an accident while he was driving, ruling that a jury will decide whether he knew he had additional insurance coverage under his parents'...

Mealey's Insurance - California Federal Judge Orders Parties To File Joint Proposed Judgment On Attorney Fees

SAN FRANCISCO - A California federal judge on May 15 ordered a disability claimant and a disability insurer to submit a joint proposed judgment on the claimant's motion for attorney fees after finding that the claimant is not entitled to collect attorney fees for all the tasks completed by the claimant's...

Mealey's Insurance - Rapid-American, Insurer Both Denied Judgment On Policy's Limits

NEW YORK - A New York federal bankruptcy judge on May 15 declined to award summary judgment to either Chapter 11 debtor Rapid-American Corp. or one of its insurers in a dispute over whether a policy has a $7 million or $14 million limit for asbestos liability claims, saying the policy is too ambiguous...

Mealey's Insurance - Credit Union's Directors Knew Of Employee Dishonesty Well Before Bond Was Issued

CINCINNATI - A majority of the Sixth Circuit U.S. Court of Appeals on May 18 affirmed a lower federal court's ruling that the liquidating agent of an insolvent credit union is not entitled to $5 million in employee dishonesty coverage under a fidelity bond issued to the credit union for losses arising...

Mealey's Insurance - No Coverage For Housing Discrimination Charge Against Landlord, Panel Affirms

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 18 affirmed a lower federal court's ruling in favor of a tenant-discrimination liability insurer in a coverage dispute arising from a housing discrimination charge brought against the residential landlord insured (GMS Management v. Evanston...

Mealey's Insurance - Kentucky Federal Judge Says Disability Insurer's Offset Was Permitted Under Policy

LOUISVILLE, Ky. - A Kentucky federal judge on May 16 granted a disability insurer's motion to dismiss after determining that the insurer did not act arbitrarily and capriciously by offsetting the claimant's benefits amount with income the claimant earned as a political consultant (Oliver H. Barber...

Mealey's Insurance - Professional Liability Insurer Owes Defense To 2 Of 3 Au Pair Placement Agencies

DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al.,...

Mealey's Insurance - Connecticut Federal Judge Says Questions Of Fact Exist In Water, Ice Damage Suit

BRIDGEPORT, Conn. - A Connecticut federal judge on May 17 partially denied an insurer's motion for summary judgment after determining that questions of fact remain regarding whether damage to a freezer floor is barred by the policy's earth movement exclusion (Thurston Foods Inc. v. Wausau Business...

Mealey's Insurance - High Court Denies Disability Plan Administrators' Petition For Writ Of Certiorari

WASHINGTON, D.C. - The U.S. Supreme Court on May 22 denied a petition for writ of certiorari filed by disability plan administrators claiming that a district court and the Second Circuit U.S. Court of Appeals failed to follow prior decisions issued by the U.S. Supreme Court in disability insurance cases...

Mealey's Insurance - 7th Circuit Majority Says Reinstatement Of Disability Benefits Was Reasonable

CHICAGO - The majority of a Seventh Circuit U.S. Court of Appeals panel on May 18 affirmed a district court's judgment of more than $580,000 in past disability benefits in favor of a disability claimant after determining that the plan did not specify any type of job the claimant is capable of performing...

Mealey's Insurance - Appeals Panel Says Policy Limits Were Exhausted, No Further Duty To Defend Exists

LOS ANGELES - The Second District California Court of Appeal on May 18 reversed a trial court's judgment in favor of an insured in a silica coverage case after determining that the insured released its right to assert any bad faith claims against the insurer and after finding that the insurer has...

Mealey's Insurance - Abuse Exclusion Bars Coverage For Wrongful Death Verdict, 9th Circuit Affirms

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 17 rejected a doctor and his wife's argument that they were entitled to coverage for an adverse verdict in a wrongful death suit because their homeowners insurance policy's abuse exclusion was not applicable, affirming a lower...

Mealey's Insurance - 4 Sentenced For Roles In Fraudulently Billing Medicare For Services Not Provided

CLEVELAND - Four individuals were sentenced by a federal judge in Ohio on May 19 for their roles in an $8 million Medicare fraud scheme that involved forging documents and billing the insurer for medical services that were not provided (United States of America v. Delores L. Knight, et al., No. 15-cr...

Mealey's Insurance - Insolvent Insurer's Insured Solely Liable For Collision, Appeals Panel Concludes

SHREVEPORT, La. - In a lawsuit against a propane gas truck driver and his insolvent insurer, a Louisiana appeals panel on May 17 affirmed partial summary judgment to a postal worker on the issue of liability because the truck driver was 100 percent at fault for a collision with the postal worker, who...

Mealey's Insurance - Indiana Federal Judge: Remand Of Disability Claim Needed For Full, Fair Review

INDIANAPOLIS - An Indiana federal judge on May 19 granted a motion for administrative remand after determining that remand is necessary to provide a disability claimant with a full and fair review and to allow the disability insurer to review pages that were discovered to be missing from a physician's...

Mealey's Insurance - Federal Judge Says Disability Claimant's State Law Claims Are Preempted By ERISA

PHILADELPHIA - A Pennsylvania federal judge on May 19 granted a disability insurer's motion to dismiss a claimant's state law claims after determining that the state law claims related to the insurer's denial of disability benefits are completely preempted by the Employee Retirement Income...

Mealey's Insurance - Pennsylvania Federal Judge: Issue Of Fact Remains As To Cause Of Fire In Townhome

PHILADELPHIA - A Pennsylvania federal judge on May 18 denied a contractor's motion for summary judgment after determining that an insurer's proposed expert testimony on the causation of a fire presents a genuine dispute of material fact as to whether one of the contractors who worked in the home's...

Mealey's Insurance - Business Pursuits Exclusion Bars Coverage, Massachusetts Panel Affirms

BOSTON - A Massachusetts appeals panel on May 23 affirmed a lower court's ruling that a homeowners insurance policy's business pursuits exclusion bars coverage for underlying claims against a civilian employee of the city of Newtown's chief of police office (Vincent Nguyen v. Arbella Insurance...

Mealey's Insurance - DOJ: Michigan Doctor Sentenced To 19 Years For Fraud, Distributing Drugs

DETROIT - A federal judge in Michigan on May 18 sentenced a doctor to 19 years in prison after the doctor was found guilty of conspiracy to distribute prescription drugs and conspiracy to commit health care fraud, the U.S. Department of Justice announced (United States of America v. Damon Mason, et al...

Mealey's Insurance - Judge Orders Reinsurer To Raise Objection To Stay Pending Arbitration Of $1.3M Lawsuit

MONTGOMERY, Ala. - An Alabama federal judge on May 18 ordered a reinsurer to show cause as to why he should not grant a nonprofit public insurer's motion to stay a $1.3 million lawsuit against the reinsurer pending arbitration of the matter (Alabama Municipal Insurance Corp. v. Munich Reinsurance...