Insurance Civil Procedure

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Court Finds That Follow The Fortunes Doctrine Does Not Apply To Claims Against A Reinsurance Program’s TPA, But Dismisses Suit...

A New York federal district court recently held that the follow the fortunes doctrine does not govern certain claims brought against a third-party administrator of a reinsurance program, but otherwise granted the...more

Triple Threat to Coverage: Third Circuit Departs From Three Fundamental Rules in Applying “Prior Publication” Exclusion

Three well-established rules — (1) that policy exclusions are to be interpreted narrowly, (2) that an insurer has the burden to prove the applicability of an exclusion, and (3) that an insurer has a duty to defend as long as...more

DOL Issues Proposed Revisions to Disability Plan Claims Regulations

The Department of Labor published proposed changes to its regulations governing disability claims and appeals in the Federal Register on November 18, 2015, and invited comments. The stated purpose of the proposed changes is...more

Group Life Insurance Claims by a Teacher’s Beneficiary Are Subject to ERISA Preemption: Woods v. American United Life Insurance...

On ERISA preemption grounds, a federal court has ruled against state law claims asserted by the beneficiary of a former school teacher who sought benefits from a group life insurance policy. Woods v. American United Life...more

No Escape from Duty to Defend By Escape Clause

Underwriters of Interest Subscribing to Policy Number A15274001 v. ProBuilders Specialty Insurance Company - Court of Appeal, Fourth Appellate District (October 23, 2015) - The California Fourth Appellate District...more

Second Circuit’s Policy Language Interpretation Leaves Insurer Down in the Dumps

So this dump truck can’t make it through an overpass on I-90; the crash knocks the dump box off the truck and into the road. Five minutes later (or 30 seconds, if you believe some people), along comes Mr. Itzkowitz, with his...more

Insurer’s Action To Arbitrate Stayed In Lieu Of Earlier-Filed State Court Coverage Action

An Illinois federal court recently stayed an insurer’s petition to compel arbitration of a dispute with its policyholder, finding that abstention in favor of an earlier-filed suit involving the parties was appropriate under...more

Stadium Owners Watching Closely To See if Insurer Fumbles Reggie Bush Claim

San Francisco 49ers running back Reggie Bush reportedly intends to sue the city of St. Louis after slipping on a concrete surface behind the St. Louis Rams’ bench during a recent game, injuring his knee and ending his season....more

Insurance Benefit Assignment to Contractors: Not in Texas

In Florida and other states, a post-loss assignment of insurance benefits (or AOB) has become commonplace and a hot-topic issue. The typical scenario is that after suffering a loss, the insured assigns the right to policy...more

Court Lays Out Various Guidelines For Asserting Privilege In Insurance And Reinsurance Related Discovery

The court considered the various privilege assertions of both the insurers (plaintiffs) and the insureds (defendants) in a multi-insurer insurance litigation. In analyzing varying categories of documents, including subsets of...more

Lincoln General Insurance Company Enters Liquidation in Pennsylvania

The Insurance Commissioner of Pennsylvania has placed Lincoln General Insurance Company into liquidation in Pennsylvania. As a result, the Insurance Commissioner as Liquidator takes over the property, business, and affairs of...more

Supreme Court Agrees to Review Additional ACA Birth Control Mandate Cases

Last week, the U.S. Supreme Court agreed to hear the consolidated appeals of seven cases involving employer provision of birth control under the Affordable Care Act. In its 2013 Hobby Lobby case, the Court concluded that the...more

Wall-to-Wall Ads: Florida Court’s Broad Definition of “Advertisement” Expands Scope of Advertising Injury Coverage

“Advertising injury” can be tricky. In theory, the term applies to the type of harm that can be inflicted through advertising media—defamation, disparagement, violation of privacy rights or misappropriation of intellectual...more

Insurers From Coast to Coast Notch Suit Limitation Victories

Over the last several months, courts in Washington, Kansas, and Virginia have awarded victories to carriers asserting a suit limitation defense, and there are three valuable takeaways from the decisions. First, the insurer...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC36382, AC36387 - Hilton v. Commissioner of Correction - AC36922 - Nationwide Mutual Ins. Co. v. Pasiak - This was Round Three of a case previously reported on. An...more

New York Court Dismisses Insureds’ Bad Faith and Fraud Claims

In its recent decision in Clement v. Farmington Cas. Co., 2015 U.S. Dist. LEXIS 152221 (S.D.N.Y. Nov. 10, 2015), the United States District Court for the Southern District of New York had occasion to consider what causes of...more

Laminate Flooring and Chinese Drywall: Where Are We Now?

On March 1, 2015, television news magazine “60 Minutes” aired a report concluding that Chinese-manufactured laminate flooring sold by Lumber Liquidators contained and “off-gassed” formaldehyde at levels exceeding health and...more

HHS Appeals Adverse Decision on Fixed Indemnity Attestations

As expected, on Monday, November 9, 2015, the U.S. Department of Health & Human Services (HHS) filed a Notice of Appeal from the decision issued by Judge Royce Lamberth of the United States District Court for the District of...more

Appellate Court Notes

SC19309 - Staton v. Commissioner of Correction - SC19195 - Campos v. Coleman - SC19195 Dissent - Campos v. Coleman - In a 4-3 split decision the Court insured that the cost of living will be going up in...more

Connecticut Federal Court Grants Reinsurer’s Motion For Summary Judgment, Entitling It To Commission Adjustment Payments

In a diversity action arising out of a series of reinsurance agreements, a reinsurer, Odyssey Reinsurance Company, alleged that it was owed sliding scale commission adjustment payments from Cal-Regent Insurance Services...more

Virginia Holds Determination Whether Insurer Acted In Bad Faith Must Be Made By The Judge And Not The Jury

This country’s courts are split on whether the decision to award attorney’s fees in bad faith litigation should be made by the judge or the jury. Earlier this fall, Virginia aligned itself firmly with the former in Revi, LLC...more

Mind The Gaps: Path To Privacy And Cyber Related Insurance Coverage Remains Uncertain

As lawsuits against companies for breach of privacy-related laws and cyber security failures continue to rise, the only thing that is certain is that it is uncertain just how much coverage is out there under commercial...more

Eastern District of New York ultimately arrives at right outcome when interpreting “Employer’s Liability” exclusion in CGL policy

In Hastings Development, LLC v. Evanston Insurance Company, No. 14-cv-6203 (ADS)(AKT) (Oct. 30, 2015), the U.S. District Court for the Eastern District of New York correctly determined that an “Employer’s Liability” exclusion...more

New York Appellate Court Affirms Granting Of Reinsurer’s Motion To Sever

Munich Reinsurance America, Inc., (“Munich”) moved to sever its suit against cedent Utica Mutual Insurance Company (“Utica”) from Utica’s suit against Transatlantic Reinsurance Company. Utica sought enforcement of reinsurance...more

Tennesse Court Upholds Public Policy Against Wagering in STOLI Context

Litigation concerning stranger-originated life insurance (“STOLI”) continues to unfold in state and federal courts across the country. Among other issues, STOLI-related lawsuits often involve disputes concerning the...more

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