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Mealey's Insurance Pleadings

  • November 08, 2024

    Insurers Dispute Coverage For BIPA Violation Class Action Against Taco Bell Owners

    NEW ORLEANS — Commercial general liability and umbrella insurers filed a complaint in an Illinois federal court seeking a declaratory judgment that they have no duty to defend and indemnify against an underlying class action lawsuit alleging that the owners and operators of Taco Bell restaurants in Illinois violated the state’s Biometric Information Privacy Act (BIPA).

  • November 06, 2024

    Insurer Files Counterclaim, Third-Party Complaint In Reinsurance Dispute

    TAMPA, Fla. — Telling an Illinois federal court that it is willing to reimburse claims totaling $1,889,541 if it is first paid “premiums of $4,156,531” in a reinsurance dispute, an insurer filed a declaratory judgment counterclaim against the reinsurer combined with a third-party complaint against the insured.

  • November 05, 2024

    Validity Of Kaiser’s Bankruptcy Plan Debated On Remand From Supreme Court

    RICHMOND, Va. — Now that the U.S. Supreme Court has determined that the primary insurer of Chapter 11 asbestos debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. has standing to object to the debtors’ reorganization plan, the Fourth Circuit U.S. Court of Appeals should uphold the insurer’s merits arguments and reverse confirmation of the plan, the insurer says in its Nov. 4 supplemental reply brief on remand from the high court.

  • November 05, 2024

    Church, Insurer Seek Rehearing Of Coverage Suit Arising From Hurricanes Laura, Delta

    NEW ORLEANS — A church insured and its insurer filed petitions seeking a panel rehearing of the Fifth Circuit U.S. Court of Appeals’ Oct. 17 ruling that partly reversed a lower federal court’s ruling in the insured’s lawsuit alleging that the insurer underpaid its losses arising from hurricanes Laura and Delta, with both relying on First Baptist Church of Iowa v. CM Insurance Company in their respective arguments.

  • November 05, 2024

    Contractor Supports Appeal Of $2.3 Million Arbitration Award In Favor Of Insurer

    NEW YORK — Replying to insurers’ assertion that its argument on appeal is a “baffling hodgepodge of factual omissions, misstatements of fact, and misapplications of law,” a general contractor countered that the insurers’ argument “reads as a disturbing, conspiratorial, accusatory tirade” and asked the Second Circuit U.S. Court of Appeals to reverse a decision upholding an arbitration panel’s award of a $2.3 million judgment in the insurers’ favor as part of a settlement with a subcontractor that the insurers said provided faulty concrete work for a construction project.

  • November 05, 2024

    Insurer Voluntarily Dismisses Remaining Defendants In Faulty Construction Coverage Suit

    DENVER — A plaintiff insurer asked a Colorado federal court to dismiss the remaining defendants in a dispute over coverage for a construction company accused of causing damages to homes through faulty construction following settlements reached by the plaintiff insurer and defendant insurers.

  • November 05, 2024

    Freddie Mac, Insurer Move To Dismiss Claims Between Them In D&O Coverage Suit

    WASHINGTON, D.C. — Federal Home Loan Mortgage Corp. (Freddie Mac) and an insurer filed a joint stipulation asking a Washington federal court to dismiss the claims between them in Freddie Mac’s breach of contract and bad faith lawsuit seeking directors and officers liability coverage for underlying expenses it incurred on behalf of its directors, officers and employees who were subpoenaed by the Securities and Exchange Commission during an investigation and subsequent lawsuit.

  • November 04, 2024

    Pollution Exclusion Bars Coverage For Suits Stemming From Explosion, Insurers Say

    HOUSTON — No coverage is owed for underlying suits arising out of an explosion caused by a chemical release at a chemical plant because coverage is barred by the pollution exclusion included in the insurers’ excess liability policies, the insurers maintain in a complaint filed in Texas federal court.

  • November 04, 2024

    Insurer: No D&O Coverage Owed For Claims Insured’s Employee Mishandled Corpse

    CHICAGO — An insurer filed suit in an Illinois federal court seeking a declaratory judgment that it has no duty to defend and indemnify against an underlying lawsuit alleging that its insured’s employee mishandled the remains of a decedent whose body was donated for research, arguing that directors and officers and entity liability (D&O) coverage is barred by the policy’s professional services, medical service, contract and bodily injury exclusions.

  • October 31, 2024

    Bid To Seal Reinsurance Agreements Disputed In Case Involving Direct Action

    NEW ORLEANS — What information in four reinsurance agreements must be revealed is the subject of a dispute in Louisiana federal court, with a third-party plaintiff invoking a local rule and referencing several other cases and a third-party defendant countering that the third-party plaintiff “continues to seek commercially sensitive reinsurance information from a competitor which is not relevant to any viable claim or defense in this case.”

  • October 30, 2024

    Insurer Removes City Of New York’s Coverage Suit To Federal Court

    BROOKLYN, N.Y. — An insurer removed to a New York federal court the city of New York’s declaratory judgment lawsuit seeking additional insured coverage for an underlying negligence action brought on behalf of a decedent who died while staying at a city shelter.

  • October 30, 2024

    Arbitration Bid Fought In Reinsurance Billing Row Involving MOU

    LOS ANGELES — Urging a California federal court to reject an arbitration bid in a lawsuit over reinsurance billings arising from asbestos bodily injury claims, an insurer contends that the abstention doctrine doesn’t apply and that the arbitration clause is in a different agreement than the one at issue and doesn’t include the present billing dispute.

  • October 29, 2024

    No Coverage Owed For Contamination Suits, Insurer Says In Amended Complaint

    ROME, Ga. — Following the transfer of an environmental contamination coverage suit from Alabama to Georgia federal court, an insurer filed a second amended complaint, reiterating its contention that no coverage is owed for contamination caused by wastewater and perfluoroalkyl and polyfluoroalkyl substances (PFAS) stemming from an insured’s manufacturing facilities.

  • October 28, 2024

    Insurer Asks California Court To Dismiss Subrogation Suit Against Roofer

    LOS ANGELES — An insurer seeks dismissal with prejudice of its entire subrogation lawsuit against a roofer in a case that was consolidated with a condominium homeowners association’s breach of contract and bad faith lawsuit arising from storm damage to the roof of a Studio City building that housed 31 luxury condominiums.

  • October 28, 2024

    Insurer: No Employment Practices Liability Coverage Owed For 2 Class Actions

    SEATTLE — An insurer filed suit in a Washington federal court seeking a declaration as to employment practices liability coverage for two underlying putative class actions alleging that its insureds violated state law requiring employers to disclose the range in salary for posted job openings.

  • October 25, 2024

    U.S., Ship Owner File Settlement Notice In Exoneration Suit Over Bridge Collapse

    BALTIMORE — The United States and the owner and technical manager of the ship that allided with and destroyed the Francis Scott Key Bridge in Baltimore filed a joint notice on Oct. 24 indicating they have reached a settlement and asked a Maryland federal court to dismiss the United States’ Sept. 18 claim and answer to the ship owner’s petition for exoneration from or limitation of liability for the casualties and damage arising from the bridge collapse.

  • October 24, 2024

    Timely Notice, Other Issues Disputed In Reinsurer’s 5th Circuit Appeal

    NEW ORLEANS — Contending in its appellee brief that the trial court “followed its obligation to effectuate the parties’ intent,” an insurer urged the Fifth Circuit U.S. Court of Appeals to uphold a $2,866,423.97 judgment against a reinsurer that includes attorney fees.

  • October 24, 2024

    Driver’s Claims For Larger COVID-19 Refunds Properly Dismissed, 9th Circuit Told

    SAN FRANCISCO — GEICO in an Oct. 23 appellee brief tells the Ninth Circuit U.S. Court of Appeals that a federal judge properly granted summary judgment on an insured driver’s class action claim against it for violating California’s unfair competition law (UCL) by providing drivers an insufficient rebate on premiums after COVID-19, arguing that its rebate was fair under the relevant policy and state insurance regulations.

  • October 23, 2024

    Reconsideration Of Dismissal Sought In Crop Insurance Extracontractual Damages Row

    COOKEVILLE, Tenn. — Arguing that dismissal of their suit seeking extracontractual damages from a crop insurer “was incorrect and premature” because a related suit against federal regulators remains pending, farmers moved in Tennessee federal court for reconsideration of the ruling against them.

  • October 22, 2024

    Remand Dispute In Reinsurance Row Focuses On Joint Powers Authority

    LOS ANGELES — Whether a joint powers authority (JPA) is a citizen of California for purposes of diversity jurisdiction is disputed in a California federal court lawsuit over a reinsurer’s denial of coverage for litigation arising from sexual abuse allegations, with the JPA urging remand in its reply brief.

  • October 22, 2024

    Insurer Says It Owes No Defense, Indemnification For Data Breach Claim, Suit

    SEATTLE — A media tech insurer filed suit in a Washington federal court seeking a declaration that it has no duty to defend or indemnify its financial services firm insured against a bank’s indemnification demand for a data breach incident and a related subrogation lawsuit brought by the bank’s insurer.

  • October 22, 2024

    Asbestos, Pollution Exclusions Bar Coverage For Disposal Of Debris, Insurer Says

    ROCK ISLAND, Ill. — No coverage is owed for an underlying suit filed against insureds who allegedly disposed of construction debris containing asbestos because the policy’s asbestos exclusion and pollution exclusion bar coverage for the improper disposal of the debris, a commercial general liability insurer says in a second amended complaint filed in Illinois federal court.

  • October 22, 2024

    CGL Insurer Appeals Ruling That it Owes Hotel Defense For Sex Trafficking Claims

    ATLANTA — A commercial general liability insurer filed a notice indicating that it is asking the 11th Circuit U.S. Court of Appeals to review a Georgia federal judge’s ruling that granted a hotel operator insured’s motion to dismiss its complaint to the extent that its seeks a declaration that it has no duty to defend against an underlying lawsuit alleging that the insured did not uphold its duty of care concerning the safety of its hotel and hotel guests by failing to prevent and respond to evidence of sex trafficking.

  • October 21, 2024

    Reinsurers Move To Compel Arbitration In Billings Dispute Involving MOU

    LOS ANGELES — Arguing that a dispute over reinsurance billings arising from asbestos bodily injury claims falls within the scope of the “broad” arbitration agreement in the excess of loss reinsurance treaty at issue, reinsurers in an Oct. 18 motion ask a California federal court to compel arbitration and dismiss or stay the case.

  • October 21, 2024

    Insured Appeals No Coverage Ruling In Suit Over Improperly Constructed Walls

    TACOMA, Wash. — An insured file a notice indicating it is asking the Ninth Circuit U.S. Court of Appeals to review a Washington federal judge’s findings that an insurance policy’s impaired property exclusion bars coverage for underlying damage caused by improperly constructed retaining walls and that the “sudden and accidental injury” exception to the exclusion does not apply.