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Mealey's Insurance Pleadings

  • December 19, 2024

    5th Circuit Appeal Seeks Revival Of Untimely Crop Insurance Case

    NEW ORLEANS — Briefing has concluded in an appeal concerning federally reinsured crop insurance, the Federal Arbitration Act (FAA), statutes of limitations, tolling and estoppel, and the Fifth Circuit U.S. Court of Appeals has tentatively calendared oral argument for the week of Feb. 3.

  • December 19, 2024

    Redacted Complaint Is Filed In Indemnification Row Over Clash Reinsurance

    NEW YORK — A reinsurer that seeks a declaration that it doesn’t have a duty to indemnify an insurer that settled claims stemming from alleged sexual abuse of female athletes by Larry Nassar and others has filed a redacted complaint in New York federal court.

  • December 18, 2024

    Tax Court Ruling In Row Over Purported Microcaptive Is Appealed To 10th Circuit

    DENVER — For at least the second time this year, plaintiffs who unsuccessfully sued the commissioner of Internal Revenue in U.S. Tax Court over purported microcaptive insurance have filed an appeal; this one is in the 10th Circuit U.S. Court of Appeals.

  • December 18, 2024

    2 Investors Want To Pursue Resolution With Vesttoo Affiliate In Israel

    WILMINGTON, Del. — Two Israeli investors have asked a Delaware federal bankruptcy court for relief from the injunction in the Chapter 11 liquidation of Vesttoo Ltd. and its dozens of affiliates so they can pursue arbitration and/or liquidation proceedings in Israel.

  • December 13, 2024

    Hawaii Supreme Court Considers Subrogation Issues For Wildfire Settlement

    HONOLULU — How the subrogation rights of property and casualty insurance carriers bear on a proposed global settlement of claims related to the August 2023 Maui wildfires is the focus of three reserved questions the Hawaii Supreme Court is considering, with some recent filings involving how reinsurance could be affected.

  • December 12, 2024

    Real Estate Law Firm, Cyber Security Insurer Settle Coverage Dispute

    ASHEVILLE, N.C. — A real estate law firm, its insurer and a third-party administrator filed a joint stipulation asking a North Carolina federal court to dismiss with prejudice the firm’s lawsuit seeking coverage under a cybersecurity policy for gross negligence and obstruction of justice cross-claims arising from a “cyber incident” in 2021 that resulted in the misdirection of funds.

  • December 11, 2024

    Insurer Ask 7th Circuit To Reconsider Ruling That It Has Duty To Defend Architect

    CHICAGO — A commercial general liability insurer filed a petition asking the Seventh Circuit U.S. Court of Appeals to reconsider an earlier ruling that it has a duty to defend its architectural company insured against an underlying lawsuit asserting that it inadequately designed and oversaw the construction of an Iowa building, challenging the Seventh Circuit’s finding that the intervening decision by the Illinois Supreme Court in Acuity v. M/I Homes of Chicago, LLC indicates that the insurer owes an underlying defense.

  • December 10, 2024

    Health Plans Seek Revival Of 12 Cases In ACA Reinsurance Dispute

    WASHINGTON, D.C. — Arguing in part that “the well-established rule for suspending the running of statutes of limitation in class actions for putative class members” remains available in what are called “Tucker Act” cases, group health plans on Dec. 9 asked the Federal Circuit U.S. Court of Appeals to reverse a ruling that their 12 consolidated cases against the government were untimely.

  • December 10, 2024

    Bank, Related Entities Face Another Suit Connected To Vesttoo Collapse

    NEW YORK — China Construction Bank Corp. (CCBC) and related entities are facing yet another lawsuit in connection with the collapse of Vesttoo Ltd., with plaintiffs asserting breach of contract and alternative claims in New York federal court.

  • December 10, 2024

    Insured, 2nd CGL Insurer Seek Dismissal Of Coverage Suit Over BIPA Violation Claim

    CHICAGO — An insured and the remaining commercial general liability insurer in its lawsuit seeking a declaration as to coverage for an underlying putative class lawsuit alleging that it violated the Illinois Biometric Privacy Act (BIPA) filed a stipulation asking an Illinois federal court to dismiss with prejudice all claims between them.

  • December 10, 2024

    Retail Furniture Insured Voluntarily Dismisses Coronavirus Coverage Suit

    PHILADELPHIA — A retail furniture insured filed a notice in a federal court in Pennsylvania to voluntarily dismiss its lawsuit seeking coverage for its losses stemming from the forced closure of its business in response to the coronavirus pandemic.

  • December 06, 2024

    LTD Benefits Wrongfully Terminated Based On Policy Limitation, Claimant Says

    DENVER — A disability insurer and its claims administrator wrongfully terminated a claim for long-term disability (LTD) benefits based on the policy’s limitation for mental or nervous disorders, a disability claimant contends in a complaint filed in Colorado federal court.

  • December 05, 2024

    Total Disability Questions Should Be Certified To La. High Court, Claimant Says

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals should withdraw an unpublished opinion entered in favor of a disability insurer and certify two questions of law to the Louisiana Supreme Court regarding whether a disability claimant was required to prove that she was disabled from performing all of the duties of her occupation as a pharmacist in order to meet the policy’s definition of total disability, the claimant maintains.

  • December 03, 2024

    Restaurant, Insurer Seek Dismissal Of Suit Over Looting Damage After Hurricane Maria

    ST. CROIX, Virgin Islands — A restaurant insured and its insurer filed a stipulation in federal court in the Virgin Islands seeking dismissal with prejudice of all claims and counterclaims in their dispute over the insurer’s adjustment of the insured’s property damage claim and business interruption losses arising from looting after Hurricane Maria.

  • December 03, 2024

    Appellate Briefing Complete In Construction Insurance Dispute Over Sprinkler Leak

    BATON ROUGE, La. — An excess insurer filed its reply brief in the Fifth Circuit U.S. Court of Appeals defending its appeal of a Louisiana federal court’s rulings that first granted a manufacturer’s motion for summary judgment in a construction insurance dispute stemming from damages caused by a sprinkler leak and then dismissed all of the excess insurer’s claims against the manufacturer with prejudice.

  • December 02, 2024

    Insured Says Property Insurer Acted In Bad Faith In Handling Water Damage Claim

    SEATTLE — An insured condominium owners association filed suit in Washington federal court, alleging that its property insurer acted in bad faith by failing to investigate and make a coverage decision regarding the association’s claim for hidden water damage discovered in condominium buildings maintained by the association.

  • December 02, 2024

    Construction Company Alleges Bad Faith Cross-Claim Against CGL Insurer

    SACRAMENTO, Calif. —A construction company insured answered a commercial general liability insurer’s first amended complaint and filed cross-claims for breach of contract and breach of the implied covenant of good faith and fair dealing and seeks equitable contribution as assignee of an excess insurer that funded its $2,250,000 settlement of an underlying construction defects lawsuit.

  • November 22, 2024

    New York Care Homes Sued By Attorney General Settle Medicare Fraud Suit For $45M

    NEW YORK — New York Attorney General Letitia James announced that multiple nursing homes and their owners and operators sued in the New York County Supreme Court have agreed to pay $45 million to settle a suit against them alleging understaffing and resident neglect, as well as fraud and misuse of Medicare and Medicaid funds.

  • November 22, 2024

    Indemnification Claims Challenged In Suit Over Clash Reinsurance

    NEW YORK — Arguing inconsistency and seeking a declaration that it doesn’t have a duty to indemnify an insurer that settled claims stemming from alleged sexual abuse of female athletes by Larry Nassar and others, a reinsurer sued the insurer in New York federal court.

  • November 21, 2024

    Radioactive Materials Exclusion Clearly Bars Coverage, Insurers Maintain

    CHICAGO — The Seventh Circuit U.S. Court of Appeals should affirm a district court’s finding that no coverage is owed by insurers pursuant to the policies’ radioactive materials exclusion for an underlying suit seeking damages for bodily injuries caused by exposure to electromagnetic (EMF) radiation from the insured’s electric transformers because the radioactive materials exclusion clearly bars coverage, the insurers say in their Nov. 20 appellee brief.

  • November 20, 2024

    Trump Corp. Sues Employment Practices Liability Insurer For Breach Of Contract

    NEW YORK — The Trump Corp. sued it employment practices liability insurer in a New York federal court for breach of contract and seeks a declaration that the insurer has a duty to defend and indemnify it against a terminated employee’s lawsuit alleging unpaid overtime, age discrimination and breach of contract.

  • November 20, 2024

    Insured Seeks Coverage For Disparagement Suit Brought By Maker Of COVID Test

    PHILADELPHIA — An insured sued its commercial umbrella insurer in a Pennsylvania federal court seeking personal and advertising coverage for an underlying disparagement lawsuit alleging that it sent 19,000 letters to Chester County residents asserting that the COVID-19 test kits they used were unreliable.

  • November 20, 2024

    Insurers: Auto Makers Failed To Recall Vehicles With Potential Deadly Defects

    SANTA ANA, Calif.— Automobile and property insurers filed a subrogation lawsuit on behalf of their insureds against automotive manufacturers, telling a California court that the defendants  “purposefully and knowingly failed to recall millions of their defective vehicles” that contained “potentially deadly defects” and, as a result, put “countless lives at risk from 2006 to date” and caused their insureds to suffer property damage including the loss of use of their vehicles.

  • November 19, 2024

    Federal Class Action Complaint Accuses Auto Insurer, Law Firm Of Barratry

    HOUSTON — Insureds filed a class action complaint in a Texas federal court against an automobile insurer and a law firm alleging that they committed barratry, conspiracy and statutory violations by illegally sharing the personal information of car accident victims for solicitation.

  • November 18, 2024

    Insurer Says Pollution Exclusion Bars Coverage For Chemical Injury Suits

    RICHMOND, Va. — An insurer contends in a complaint filed in Virginia federal court that no coverage is owed to its insured for underlying suits alleging injuries caused by an influx of chlorine and muriatic acid into the insured homeowners association’s pool because the policy’s pollution exclusion bars coverage for the suits.