News & Analysis as of

Unjust Enrichment Insurance Litigation

ArentFox Schiff

Navigating Out-of-Network Claims: Key Takeaways for Providers From Surgery Center Case in New York Federal Court

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The US District Court for the Eastern District of New York in Manalapan Surgery Ctr., et al. v. 1199 SEIU National Benefit Fund, No. 23-CV-03525 (EDNY March 12, 2025), recently granted a motion to dismiss a complaint filed by...more

ArentFox Schiff

Federal Court Holds That Pathology Group States Viable Claims Against Multiplan and Cigna for Failing to Ensure In-Network Payment

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A federal court recently rejected arguments by MultiPlan, Inc. and Cigna Health and Life Insurance Company that they had no obligation to ensure payments at the contractually negotiated, in-network rate to Anatomic and...more

Wiley Rein LLP

Antitrust and Consumer Protection Laws Exclusions Bar Coverage for Underlying Litigation

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The United States District Court for the District of Minnesota, applying Minnesota law, has held that a media tech policy’s antitrust and consumer protection laws exclusions precluded coverage for the underlying litigation....more

Quarles & Brady LLP

2021 Wisconsin Insurance Case Law Year in Review

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Every year, Quarles & Brady’s Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. We then summarize the cases to keep you informed of developments...more

Carlton Fields

The Risk and Reward of Life Insurance

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No Recovery for Paying Premiums in Excess of Policy Face Amount - Since we last reported on Goostree v. Liberty National Life Insurance Co. in the October 2019 issue of Expect Focus — Life, Annuity, and Retirement Solutions,...more

White and Williams LLP

Delaware Supreme Court Applies Plain Meaning of Insurance Policy Language to Reverse $48 Million Defense Cost Award

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An unbroken sequence of Delaware trial court decisions have reflected strong pro-policyholder leaning in insurance cases in furtherance of the state’s pro-business model. Following the most recent of these pro-policyholder...more

Carlton Fields

Southern District of New York Rejects Claim That a Letter Threatening to Terminate a Reinsurance Agreement Terminated the...

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The Southern District of New York has concluded that an insurer’s threat to terminate a reinsurance agreement if the other insurer to the agreement did not comply with its obligations did not terminate the agreement or give...more

Carlton Fields

Court Denies Reinsurers’ Attempts to Avoid Suit

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The U.S. District Court for the District of Columbia recently denied attempts by reinsurers to avoid a suit by moving to have the claims against them dismissed or, in the alternative, seeking to compel arbitration or stay the...more

Carlton Fields

DC District Court Permits Vantage Commodities To File Amended Complaint And Denies Reinsurer Defendants’ Motion For Interlocutory...

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The District Court for the District of Columbia issued an order denying a motion to reconsider its prior order allowing Vantage Commodities to file an amended complaint and denying the reinsurer defendants’ motion for...more

Carlton Fields

D.C. Federal Court Permits Insured to Amend Complaint in Reinsurance Dispute Related to Credit Insurance Policy

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A District of Columbia federal court partially granted and partially denied a reinsured’s motion to amend its complaint in a dispute over a reinsurance agreement for a credit insurance policy....more

Carlton Fields

South Carolina Federal Court Denies Motion to Stay and Orders Insurer to Produce Documents

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The background of this case is as follows. In 2014, ContraVest Inc., ContraVest Construction Co., and Plantation Point Horizontal Property Regime Owners Association Inc. (collectively, “Plaintiffs”) brought suit in South...more

Morris James LLP

Delaware Superior Court Upholds Recovery Of Insurance Defense Costs

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Catlin Specialty Insurance Company v. CBL & Associates Properties Inc., C.A. No. N16C-07-166 PRW CCLD (August 9, 2018) - This is an important decision because it upholds the right of an insurance company to recover defense...more

Haight Brown & Bonesteel LLP

Insurer Claiming Reimbursement for Cleanup Costs Entitled to Writ of Attachment Against Insured on Showing Probable Validity of...

In Santa Clara Waste Water Co. v. Allied World Nat'l. Assur. Co. (No. B279679, filed 12/20/17), a California appeals court affirmed the grant of a right to attach order and a writ of attachment against the policyholder for...more

Carlton Fields

Court Rules Again On Motion To Dismiss In Matter Involving Unfiled Rates Charged Under Reinsurance Agreement

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On July 21, 2016, we reported on a putative class action filed in a California U.S. district court by Shasta Linen Company against Applied Underwriters, Inc. and its affiliated entities, alleging that the “EquityComp”...more

Carlton Fields

Illinois District Court Dismisses Case Filed By Insurance Department, As Rehabilitator, Against Reinsurer

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The District Court for the Northern District of Illinois dismissed a complaint filed by Plaintiff-Rehabilitator, the Illinois Director of Insurance, against Defendant-Reinsurer, Twin Rivers, alleging breach of contract,...more

Carlton Fields

Summary Judgment for Insurer in Annuity Sales Practices Action

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On March 31, in Chambers v. N. American Co. for Life & Health Ins., an action alleging RICO violations and other claims in the sales of deferred annuities to seniors, the Southern District of Iowa granted the insurer’s motion...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Revisiting Rochow: The Sixth Circuit Rejects Earlier $3.8 Million Equitable Award in Recent En Banc Decision

Just over a year ago, a panel decision by the Sixth Circuit Court of Appeals in Rochow v. Life Insurance Company of North America, 737 F.3d 415 made big news when the court upheld the district court’s award of $3.8 million in...more

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