News & Analysis as of

Subject Matter Jurisdiction Insurance Litigation

Cozen O'Connor

Court Permits Parties to Cure Defective Diversity Jurisdiction in Suit Against Underwriters at Lloyd’s

Cozen O'Connor on

In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the...more

Butler Weihmuller Katz Craig LLP

Stateless Amber Heard: The Legal Loophole to Avoid Being Sued in Federal Court

The Johnny Depp-Amber Heard trial captured the world’s attention in 2022. Two years after the couple divorced, Heard described surviving domestic violence in an op-ed for The Washington Post. Although Heard never mentioned...more

Kennedys

Courts examine subject matter jurisdiction over Lloyd’s of London

Kennedys on

Globalisation in virtually all business sectors is nothing new. Indeed, this phenomenon continues to expand and evolve, including broadening the scope of the global insurance market and its impact on litigation in the United...more

Cozen O'Connor

The Insured Should Have Seen It Coming: Nevada Court Enforces Prior Acts Exclusion

Cozen O'Connor on

Liability policies commonly contain exclusions precluding coverage when the insured knew or should have known that wrongful acts occurring prior to a policy’s effective date could later result in a claim. In Alps Property &...more

BakerHostetler

Insurance Class Action Quarterly Update - July 2019

BakerHostetler on

Insurance class actions have continued to bloom this spring with more vehicle total loss tax and fee class actions around the country, more labor depreciation class actions, and increases in other class actions. Some...more

Carlton Fields

Fifth Circuit Affirms Ruling That Policy’s Conformity Provision Does Not Negate the Agreement to Arbitrate Despite Statute...

Carlton Fields on

McDonnel Group LLC obtained a builder’s risk policy for a construction project on a property located in New Orleans, Louisiana. When the insured was denied coverage, it filed suit seeking damages for breach of contract and...more

Carlton Fields

“Partial Final” Does Not Mean Final

Carlton Fields on

Don’t try to confirm an arbitration award when there is still arbitration work to be done. Relying on Seventh Circuit precedent, the Northern District of Illinois concluded that it lacked subject-matter jurisdiction to...more

Carlton Fields

Subject Matter Jurisdiction Under Section 7 Of The FAA – The Diversity, “Amount In Controversy,” And “Place Of Sitting”...

Carlton Fields on

Presented with an argument that the court lacked subject matter jurisdiction, the Southern District of New York clarified the diversity, amount in controversy, and “place of sitting” requirements under Section 7 of the FAA –...more

Carlton Fields

Ninth Circuit: Face Amount Controls Amount-in-Controversy Questions Where Policy’s Validity is Disputed

Carlton Fields on

In March, the Ninth Circuit provided clarity on a key and recurring issue relevant to a district court’s ability to exercise subject matter jurisdiction in actions involving the validity of life insurance policies. ...more

Carlton Fields

Missouri Federal Court Remands Action To State Court Because Missouri Law “Reverse Preempts” The New York Convention Based On The...

Carlton Fields on

Foresight Energy, LLC (“Foresight”) brought an action in Missouri state court against various domestic and Bermuda and London market insurers for declaratory judgment, breach of contract and statutory vexatious refusal to pay...more

Maynard Nexsen

Every Dog Bite has its Day (in Federal Court)

Maynard Nexsen on

In Lighthouse Property Insurance Corp. v. Rogers, 2017 WL 3634593, the United States District Court for the District of South Carolina considered a motion to dismiss for lack of subject matter jurisdiction in an action...more

Carlton Fields

Pennsylvania Federal Court Grants Motion To Dismiss Based On Lack Of Subject Matter Jurisdiction

Carlton Fields on

Plaintiff RAD Manufacturing, LLC (“RAD”), a Delaware corporation with its principal place of business in Pennsylvania, and its insurer and reinsurer (as subrogees) brought an action in federal court in Pennsylvania against...more

Carlton Fields

Kentucky Federal Court Finds Subject-Matter Jurisdiction Has Not Been “Reverse Preempted” By Application Of Kentucky’s Insurers...

Carlton Fields on

The question presented to the Court was “whether federal law has opened the door for state law to ‘reverse preempt’ the diversity jurisdiction statute.” The McCarran-Ferguson Act was enacted by Congress to prevent federal...more

Morris James LLP

Delaware District Court Finds Duty to Defend Under Homeowner’s Insurance Policy

Morris James LLP on

The backdrop to this decision is an interesting and unfortunate one involving a divorce, allegations of illegal obscene material possessed by the former husband, followed by a civil lawsuit between the former spouses after...more

Carlton Fields

Federal Court Has Subject-Matter Jurisdiction To Decide Petition To Compel; Determines Party Did Not Waive Arbitration By Agreeing...

Carlton Fields on

Despite a pending motion to compel arbitration in state court, a party (MetLife) petitioned a Tennessee district court under the Federal Arbitration Act for the same relief. As that Act itself does not create federal-question...more

Carlton Fields

Middle District of Florida Remands Insurance Coverage Class Action, Reasoning Amount In Controversy Is Determined From Value Of...

Carlton Fields on

The value of the claim at issue, not the value of the policy limit, is considered for purposes of determining the amount in controversy in an insurance coverage class action. That, the Middle District of Florida found, is the...more

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