Nationwide Insurance Co.

News & Analysis as of

Insurer Correctly Non-Renewed Homeowner’s Insurance Policy

The South Carolina Court of Appeals has concluded that notice of cancellation of a homeowner’s insurance policy is controlled by S.C. Code § 38-75-1160, not the more general § 38-75-740, and that the mortgage holder was not...more

Third Circuit Holds No Estoppel In Light of Reservation of Rights Letters

In its recent decision in Nationwide Prop. & Cas. Ins. Co. v. Shearer, 2016 U.S. App. LEXIS 9635 (3d Cir. 2016), the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, had occasion to consider...more

Broad but not Ambiguous: Eighth Circuit Weighs In On Water Below The Surface Exclusion  

An exclusion in a homeowner’s policy for loss resulting from “water . . . below the surface of the ground” is not limited to naturally occurring water, according to a recent decision of the Eighth Circuit Court of Appeals in...more

California Court Holds No Coverage for Individual’s Use of a Non-Owned Auto

In Nationwide Mutual Insurance Company v. Shimon, 2015 Cal. App. LEXIS 1124 (opinion filed December 3, 2015; status changed from Unpublished to Published December 17, 2015), the California Court of Appeal for the Third...more

Insurance Coverage – Exclusion for Non-Covered Automobiles “Regularly Available”

Nationwide Mutual Insurance Company v. Shimon et al. - Court of Appeal, Third Appellate District (December 17, 2015) - The exclusion of coverage for regular use of vehicles not included in the policy, sometimes...more

Court Holds That “Regular Use” Provision is Not Affected by Purpose of Trip for Car Used Exclusively by Family Member

In Nationwide Mutual Ins. v. Shimon (No. C071776, filed 12/3/15, ord. pub. 12/17/15) (hereinafter “Shimon”), a California appeals court affirmed judgment in favor of an auto insurer on a finding that coverage did not apply to...more

Conflict Resolution: Illinois Appellate Court Finds No Conflict in Defending Two Insureds, and No Duty of Primary to Excess...

When an insurer defends its insured under a liability policy, the insurer has a duty to act in good faith to the insured in responding to settlement offers. In Illinois Emcasco Insurance Co. v. Nationwide Mutual Insurance...more

Is Nationwide Just Playing the Long Game?

This blog post originally ran on O’Dwyer’s website on Feb. 6. If you didn’t catch Nationwide’s commercial, “Boy,” during the Super Bowl warning parents about the at-home risks facing their children, then chances are you...more

Some Lessons From Berg v. Nationwide Mut. Ins. Co.

On July 22, 2015, the Pennsylvania trial court in Berg v. Nationwide Mut. Ins. Co., Civ. Action No. 98-813 (Pa. Common Pleas, Jul. 22, 2015) filed a supplemental opinion under Pa. R.A.P. 1925(a) in connection with the appeal...more

Massachusetts Court Of Appeals Maintains “Severely Limited” De Novo Review Of Reinsurance-Related Arbitration Award

Collective defendants, Nationwide, appealed from a Massachusetts superior court judgment confirming an arbitration award in favor of collective plaintiffs, Liberty Mutual. The underlying dispute involved a 1972 reinsurance...more

Looking Backward: West Virginia Retroactively Imposes Coverage for Faulty Workmanship

A notorious moving target in the field of coverage litigation is an insurer’s responsibility under a commercial general liability policy for the policyholder’s faulty workmanship. The key question is usually whether the...more

SEC Sanctions Insurance Company for Variable Contract Pricing Violations

The Securities and Exchange Commission (the “SEC”) recently charged a life insurance company with violating the pricing requirements under Rule 22c-1 of the Investment Company Act of 1940 in respect of purchase and redemption...more

No Investor Harm, No Ill-gotten Gains But SEC Fines Insurer $8 Million

Last week the Commission resolved a proceeding involving a life insurance company centered on the pricing of its variable annuity and variable life insurance products. Specifically, the Order alleged violations of Rule 22c-1...more

Second Arbitration Compelled On Reinsurance Claims Made Under Treaty Previously Construed In Prior Arbitration Award

In a complicated web of proceedings, the initial dispute involved whether the reinsurer, Nationwide Mutual Insurance Co., was permitted to condition payment of reinsurance claims on receiving access to the claim records of...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

Court Defers Ruling On Appointment Of Umpire Pending Disclosures To Determine Neutrality

We previously reported on December 17, 2013, about a dispute in federal court between Nationwide Mutual Insurance Company, National Casualty Company, and Employers Insurance Company of Wausau (collectively, “Nationwide”) and...more

FIO Focus, Issue No. 48

Congressional Hearing on Capital Requirements for Insurers Subject to Federal Reserve Regulation On March 11, 2014, the Subcommittee on Financial Institutions and Consumer Protection of the U.S. Senate Committee on...more

Reinsurer’s Petition To Compel Arbitration Stayed Where Cedent Claims Issue Is Already Pending In State Court

A federal district court has stayed a case where Nationwide Mutual Insurance Company petitioned to compel arbitration of a dispute that its cedent Liberty Mutual Insurance Company claims was already adjudicated by an...more

Once Again, Clapper Defeats Data Breach Class Action

Article III standing has once again proved to be an insurmountable hurdle for data breach class action plaintiffs whose personal information hasn’t been misused. In Galaria v. Nationwide Mutual Insurance Co., an Ohio federal...more

Bad Faith Sentinel - July 2013

CONTENTS - Northern District of Texas: No Bad Faith for Denying Property Damage Claim Due to Insured’s Failure to Allow Insurer More Than a Day’s Time for Inspection Prior to Insured’s Remediation - District of...more

The Seventh Circuit Holds That the “In Care of” and “Business” Exclusions Preclude Coverage Under a Homeowner’s Policy

In Nationwide Insurance Co. v. Central Laborers’ Pension Fund, No. 12-1784 (7th Cir. Jan. 11, 2013), the United States Court of Appeals for the Seventh Circuit affirmed that a homeowner’s insurer was entitled to deny coverage...more

Third-Party Bad Faith Litigation – Insurers’ Attorney-Client Privilege and Work Product Doctrine Protections Limited by Tripartite...

In what may be the continuation of a trend toward the erosion of the attorney-client privilege and work product doctrine in bad faith litigation, another court has held that an insurer’s communications with defense counsel...more

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