Clik here to view.
July 15 Trial Anticipated In WTC Disaster Litigation; Act-Of-War Defense Upheld
NEW YORK - Claims for recovery of dust removal costs filed by the owner of a property one block from the site of the World Trade Center collapse in Manhattan were dismissed March 20 in the U.S....
View ArticleClik here to view.
Magistrate: Insured's Adversities Cannot Excuse Failure To File Proof Of Loss
GALVESTON, Texas - An insured's failure to submit a proof or loss for additional insurance benefits under her federal flood insurance policy is fatal to her claim, a Texas federal magistrate judge...
View ArticleClik here to view.
Magistrate Allows Insured To Add Breach Of Contract Claim For Repudiation...
NEWARK, N.J. - A New Jersey federal magistrate judge on March 27 granted an insured's motion to amend his complaint to assert an additional breach of contract claim for repudiation against the Federal...
View ArticleClik here to view.
U.S. High Court: Class Rep's Damages Limit Doesn't Defeat Federal Jurisdiction
WASHINGTON, D.C. - A class representative's stipulation that damages being sought were less than $5 million does not defeat federal jurisdiction under the Class Action Fairness Act (CAFA), a unanimous...
View ArticleClik here to view.
Federal Judge Refuses To Overturn Appraisal Award In Hail Damage Coverage...
DALLAS - There are no genuine disputes of material fact regarding an insured's breach of contract claim against an insurer in a coverage dispute over hail damage, a Texas federal judge ruled March 31,...
View ArticleClik here to view.
Federal Magistrate Denies Insurer's Motion To Set Aside Appraisal Award
SHERMAN, Texas - A Texas federal magistrate judge on March 25 denied an insurer's motion to set aside an appraisal award for wind damage to its insureds' roof, but found that the insurer has raised a...
View ArticleClik here to view.
Adjuster's Report Was Not Written Confirmation Of Tornado Loss, Judge Affirms
WAYCROSS, Ga. - A Georgia federal judge on March 20 entered judgment in favor of an insurer after affirming the U.S. Department of Agriculture's finding that the insured failed to provide timely notice...
View ArticleClik here to view.
Florida Panel Affirms Agency's Interpretation Of Statute As To Sinkhole Coverage
TALLAHASSEE, Fla. - A Florida appeals panel on March 13 affirmed the state's Office of Insurance Regulations' disapproval of property insurers' proposed amendment to their endorsement for limiting...
View ArticleClik here to view.
Panel: Failure To Apply Excess Payment Made Policy Cancellation Inappropriate
ELGIN, Ill. - An insurer was obligated to credit a policyholder's excess balance to an amount due rather than canceling the policy for nonpayment, an Illinois appeals panel found March 29, upholding a...
View ArticleClik here to view.
Despite Adverse Judgment, 9th Circuit Finds No Bad Faith, Breach By Insurer
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on March 26 affirmed an arbitration award of more than $500,000 to a woman injured in a trip-and-fall incident while finding that the...
View ArticleClik here to view.
Low Vehicle Damage Estimate Alone Does Not Establish Bad Faith, Calif. Panel...
SAN FRANCISCO - A car owner failed to show that an insurer's valuation and payment of his theft and damage claim, while lower than that ultimately determined by an umpire, was made in bad faith, a...
View ArticleClik here to view.
Airport Tenant Dispute Triggered Coverage Under City's Policy, Magistrate Says
PHOENIX - An Arizona city's liability policy provided coverage for a discrimination lawsuit by a tenant at a city-owned airport, an Arizona federal magistrate judge concluded March 29, holding that the...
View ArticleClik here to view.
Filing Of Lawsuit Suspended Duty Of Good Faith, Colorado Federal Judge Finds
DENVER - Bad faith claims against two insurers in an underinsured motorist (UIM) coverage dispute were partially dismissed April 5, with a Colorado federal judge determining that the insured's filing...
View ArticleClik here to view.
Genuine Fact Disputes Preclude Summary Judgment On Bad Faith Claim, Judge Rules
OKLAHOMA CITY - Finding it unclear when an insurer made its decision on its insured's underinsured motorist (UIM) claim, an Oklahoma federal judge on March 29 found it inappropriate to grant summary...
View ArticleClik here to view.
Magistrate: Some Coverage, Reserves Documents Not Privileged In Bad Faith Case
DENVER - Finding that certain of an insurer's claim file documents pertained to claims investigation, rather than legal counsel, a Colorado federal magistrate judge on April 2 held that the documents...
View ArticleClik here to view.
Judge Declines To Reconsider Insurer's Summary Judgment Motion In Sinkhole...
TAMPA, Fla. - An insurer's motion to reconsider a denial of summary judgment regarding coverage matters and bad faith surrounding repair of a sinkhole is merely an attempt "to refute the basis for the...
View ArticleClik here to view.
Trustees' Claims Over Life Insurance Coverage Dismissed As 'Matter Of Semantics'
NASHVILLE, Tenn. - A Tennessee federal magistrate judge on March 29 granted a life insurance provider's motion to dismiss breach of contract and bad faith claims against it, holding that the trustees'...
View ArticleClik here to view.
Federal Judge: Law Firm's Loss From Alleged Phishing Scam Potentially Covered
CLEVELAND - An Ohio federal judge on April 8 refused to dismiss a law firm insured's declaratory judgment and breach of contract claims against its legal malpractice insurer in a coverage dispute...
View ArticleClik here to view.
Jury Awards $24M Against 2 Health Insurers In Hepatitis C Outbreak
LAS VEGAS - A Nevada state court jury on April 4 ordered two health insurers to pay $24 million in compensatory damages to three plaintiffs who claim that the defendants' actions contributed to them or...
View ArticleClik here to view.
EPA's Letters To Insured Do Not Trigger Duty To Defend, Insurer Maintains
Case: Anderson Brothers Inc. v. St. Paul Fire and Marine Insurance Co., No. 12-35346, 9th Cir....(read more)
View Article