Insurance Civil Procedure

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Reinsurance Arbitration Award Confirmed, Reaching Result Contrary To Previous Award Against Different Reinsurer

On March 11, 2014, we reported on the First Circuit’s ruling in a contested arbitration between OneBeacon America Insurance Co. and certain of its reinsurers over reinsured asbestos claims. The reinsurers filed a declaratory...more

California’s Insurance Fraud Prevention Act: 3 unsettled issues the health sector should understand

California’s Insurance Frauds Prevention Act, Ins. Code §§ 1871 et seq. (IFPA), is an unusual false claims statute. It allows “interested persons” (aka whistleblowers or relators) to file false claims lawsuits based on the...more

Supreme Court: Evidence of Amount in Controversy Not Required at Removal

Earlier this week, the United States Supreme Court held that a defendant removing a putative class action from state to federal court pursuant to the Class Action Fairness Act of 2005 (CAFA) need not submit evidence to...more

How to Settle an ERISA Breach of Fiduciary Duty Case and Sleep at Night: A Checklist for Plan Trustees to Consider

Plan trustees often look to settle ERISA fiduciary breach claims brought against them as a way to put the past behind them. Assuming there is enough fiduciary liability insurance coverage available to pay the proposed...more

Insurer Agrees to $140 Million Settlement in ERISA Case Challenging Revenue Sharing Practices

Nationwide Life Insurance Co. has agreed to settle ERISA fiduciary breach claims brought on behalf of a class of retirement plan trustees that purchased annuity contracts and/or services from Nationwide for their plans....more

Like Hats and Belt Buckles, Indemnity Agreements in Texas Must be CONSPICUOUS

Earlier this month, the U.S. Court of Appeals for the Tenth Circuit held that Texas law allows an indemnity agreement to insulate a party from the consequences of its own, allegedly negligent conduct, but only if that feature...more

Assign Away: Pennsylvania Supreme Court Says Bad Faith Claims May be Assigned

On December 15, 2014, in the case of Allstate Prop. & Cas. Ins. Co. v. Wolfe, No. 39 MAP 2014, slip op. at 1 (Pa. Dec. 15, 2014), the Pennsylvania Supreme Court ruled that an insured may assign a statutory bad faith claim...more

Pa. Supreme Court Agrees that Policyholders May Assign Their Bad Faith Claims

This week, in a 5-1 decision resolving a certified question from the U.S. Court of Appeals for the Third Circuit, the Pennsylvania Supreme Court held that a policyholder or insured is permitted to settle the claims against it...more

Insurance Recovery Law -- December 2014 #2

Ammonia Release Constitutes “Direct Physical Loss” Under Policy - Why it matters: A New York federal court recently ruled that the discharge of ammonia at a manufacturing plant – causing a facility shutdown for...more

Not so obvious “obvious risks”

The District Court of Western Australia’s recent decision in Petkovic v Blazeski [2014] WADC 170 highlights the limitations of “obvious risk” defences and the level of evidentiary analysis that defendants ought undertake...more

Policy Observer - December 2014

Giving and Receiving: Insuring Company-Sponsored Volunteerism: This is the time of year when we are reminded of the importance of giving. Many companies not only donate generously to nonprofits and community programs,...more

Successful application for security for costs

In Austcorp Project Number 20 Pty Ltd v LM Investment Management Ltd [2014] FCA 1371, the Federal Court of Australia was called upon to consider various interlocutory applications requesting security for costs against the...more

Illinois Court Holds No E&O Coverage for Underlying TCPA Violation

In Margulis v. BCS Ins. Co., 2014 Ill. App. LEXIS 826 (Ill. App. Ct. 1st Dist. 2014), the Appellate Court of Illinois, First District, had occasion to consider whether an insurer has a duty to defend an insurance agent under...more

Illinois Supreme Court Agrees to Decide Limits on Self-Insured Car Rental Company's Liability for Customers' Accidents

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of considerable importance for Illinois’ car rental industry: can a self-insured car rental company be held liable without...more

Underinsured Motorist Insurance – Allowable Offsets to Limits

Christina Elliott v. Geico Indemnity Company - Court Of Appeal, Third Appellate District (November 19, 2014)- In California, Uninsured Motorist (“UM”) Coverage and Underinsured Motorist (“UIM”) Coverage are...more

Recent Decisions Reinforce the Value of Quality over Quantity in a Reservation of Rights Letter

In two recent cases, Advantage Builders & Exteriors v. Mid-Continent Casualty Co. No. WD 76880 (Mo. Ct. App. Sept. 2, 2014) and EAN Services, LLC v. Brunson, No. 2-14-118 (Ill. Ct. App. September 8, 2014), the courts remind...more

Often Overlooked, but Effective, Provisions to Consider for your Benefit Plans

The Issue: When benefits under welfare plans – such as health plans and disability plans – are denied, litigation frequently results. In the context of “self-funded” plans (in contrast to “fully insured” plans, which are...more

Court Rejects Fiduciary Duty Breach by Claims Administrator Acting on Behalf of Plan Sponsor

In the recently decided matter of Van Loo, et al. v. Cajun Operating Company, et al., No. 2:2014cv10604 (E.D. Mich. 2014), the U.S. District Court for the Eastern District of Michigan rejected allegations of a fiduciary duty...more

Carhops and Cash Deposit Bags: Insurer Skates From the “Dual Purpose” Doctrine

For many, Sonic Drive-In restaurants stir thoughts of juicy burgers, neon-blue sodas, ‘50s rock ‘n’ roll, and roller-skating carhops. Recently, however, in Hudson Specialty Insurance Company v. Brash Tygr, LLC, Nos....more

Appeal Dismissed In Instituto Nacional De Seguros V. Hemispheric Reinsurance Group, L.L.C. Et Al.

We have posted on this case filed against two reinsurance brokers several times. Since our last posting regarding this case, which reported on the results of the trial, an appeal was filed in Florida’s Third District Court...more

Tenth Circuit: Property Damage Surrounding Defective Windows Is an “Occurrence” Because Damage Is Unexpected from Insured’s...

In Cincinnati Insurance Company v. AMSCO Windows, No. 13-4155 (10th Cir. November 26, 2014), Cincinnati insured AMSCO, which manufactures windows for use in homes and sells the windows to distributors. Certain AMSCO windows...more

New York Court of Appeals Holds Non-Cumulation Clauses Applicable to Lead Paint Claims

In its recent decision in Nesmith v Allstate Ins. Co., 2014 NY Slip Op 08217 (N.Y. Nov. 27, 2014), the New York Court of Appeals – New York’s highest court – had occasion to revisit the application of “non-cumulation” clauses...more

TCPA Class Action Against Insurance Agent Not Covered by Professional Liability Insurance

As class action filings under the Telephone Consumer Protection Act (TCPA) have continued to rise, so too have the number of disputes with commercial liability insurers over coverage for their insureds’ alleged TCPA...more

Reinsurer’s Liability Capped At Amount Stated In Liability Clauses

In a case on which we previously reported on January 29, 2014, a federal court in New York recently ruled that a reinsurer was not required to pay amounts in excess of the sums stated in the Liability Clauses of two...more

Does your company have insurance coverage for a data breach?

According to the Ponemon Institute, the average total organizational cost for a data breach in the United States in 2014 is $5.85 million. Forbes reports that Target has incurred costs of $236 million related to the December...more

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