Insurer Ordered To Produce Documents In Environmental Contamination Coverage...
NEW YORK - A New York justice on April 15 granted an insured's motion that its insurer produce documents related to post-suit conduct in an environmental contamination coverage dispute after...
View ArticleJudge Finds No Jurisdiction Over Third-Party Claims In Contamination Coverage...
SAN FRANCISCO - For the second time, a California federal judge on April 16 dismissed insureds' third-party claims against an insurer in a dispute over coverage for environmental contamination claims,...
View ArticleIndenture Trustee: Tribune's Denial Of Fees 'Meritless'; Notions 'Preposterous'
WILMINGTON, Del. - Deutsche Bank Trust Company Americas (DBTCA), as successor indenture trustee, on April 16 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that the...
View ArticleIllinois Panel: No Coverage For Claims That Insured Violated Consumer Fraud Act
CHICAGO - Claims that an insured violated the Consumer Fraud Act by intending to put its competitors out of business so that it could dominate the diagnostic testing market fail to assert accidental...
View Article11th Circuit Certifies Questions To Florida High Court In Employers Liability...
ATLANTA - The 11th Circuit U.S. Court of Appeals on April 15 certified three questions to the Florida Supreme Court in a third party's lawsuit seeking employers liability coverage for an underlying...
View ArticlePanel: California Insurance Code Does Not Bar Insurer From Enforcing Provision
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 15 held that Section 554 of the California Insurance Code does not bar a professional liability insurer from enforcing its policy's...
View ArticleLegal Malpractice Action Was Perempted, Louisiana Panel Affirms
GRETNA, La. - A malpractice lawsuit against an attorney and his liability insurer is perempted, a Louisiana appeals panel affirmed April 10 (Michael G. Lewis v. Jerald L. Album, et al., No. 12-854, La....
View ArticleFederal 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 ArticleFederal Judge Refuses To Enter Final Judgment On General Exclusions Issue
PHOENIX - An Arizona federal judge on April 4 denied an insurer's motion for entry of final judgment on his previous ruling that a corporate agreement's "general exclusions" did not apply to the...
View ArticleJudge: Underlying Claims Are Not Based On Providing Legal Services; No Coverage
OAKLAND, Calif. - Underlying complaints against an attorney insured do not create the potential for coverage under a lawyers' professional liability insurance policy because they are not based on...
View ArticleJudge Rules On Discovery Requests In Coverage Suit Over Wrongful Discharge Claim
SEATTLE - A Washington federal judge on April 12 granted in part and denied in part an insured's motion to compel discovery from its insurer in a dispute over coverage for claims that the insured...
View Article4th Circuit: Insurer Properly Denied Coverage Of Convicted Executive
RICHMOND, Va. - Criminally convicted former Taylor Bean and Whitaker Mortgage Corp. (Taylor Bean) chairman Lee Bentley Farkas must repay the defenses fees the company's directors and officers (D&O)...
View ArticleMagistrate: 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 ArticlePanel Affirms Coverage For $7M Fraud Loss Barred By Bond's Retroactive Date...
ATLANTA - The 11th Circuit U.S. Court of Appeals on April 9 affirmed a lower court's finding that coverage for an insurance premium financing company's $7 million fraud losses is barred by the...
View Article7th Circuit: No Coverage For Bank's Suit Stemming From $17.4M Embezzlement
CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 5 affirmed a lower federal court's ruling that an insurer has no duty to defend or indemnify a bank insured in its lawsuit against a...
View ArticleUmbrella Insurance Policy Is 'Inherently Ambiguous,' Indiana Panel Finds,...
INDIANAPOLIS - An Indiana appeals panel on April 8 found that, due to an umbrella insurance policy's ambiguity, there is coverage for a manufacturer insured as to products-completed operations claims,...
View ArticleInsured Files Voluntary Dismissal Of Products Liability Coverage Suit
SPARTANBURG, S.C. - An insured on March 22 filed a notice in federal court to voluntarily dismiss its lawsuit seeking coverage from its excess insurer for underlying bodily injury claims allegedly...
View ArticleReasonableness Of Claim Denial Dooms Bad Faith, Negligence Claims, Judge Rules
SEATTLE - Having previously held that an insurer properly denied coverage for a claim related to sexual abuse of a minor, a Washington federal judge on April 11 granted the insurer's subsequent motion...
View ArticleJudge Won't Reconsider Insurer's Argument That Funeral Services Exclusion...
MOBILE, Ala. - An Alabama federal judge on April 1 rejected a commercial general liability insurer's motion to reconsider her ruling that it failed to show that its policy's funeral services exclusion...
View ArticleJudge 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...
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