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Bankruptcy Judge Proposes Dismissal Of Insolvent Insurer's Breach Of Duty Claim
WEST PALM BEACH, Fla. - A Florida bankruptcy judge on April 30 proposed that an insolvent insurer's breach of fiduciary duty claim against its former director be dismissed based on a lack of personal...
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Nortel: $7.5B Asset Appeal 'Premature'; 3rd Circuit Certification Unwarranted
WILMINGTON, Del. - Bankrupt Nortel Networks Inc. on May 1 objected to the motion filed by joint administrators of Nortel's bankruptcy estate pertaining to the allocation of $7.5 billion in asset sale...
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5th Circuit Affirms Order Denying Judicial Review Of Part D Coverage Dispute
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 1 affirmed a federal trial court order denying judicial review of a challenge to the U.S. Department of Health and Human Services (HHS)...
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New York Federal Judge Refuses To Reconsider TCPA Suit Due To State Law
NEW YORK - A New York federal judge on May 1 declined to reconsider dismissal of a Telephone Consumer Protection Act (TCPA) class complaint, finding that state law bars the action from proceeding in...
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Indiana Appeals Panel Upholds Right To Farm Act Judgment For Dairy Factory Farm
INDIANAPOLIS - A unanimous Indiana Court of Appeals panel on April 30 affirmed summary judgment for the operator of a confined animal feeding operation on the grounds that the factory farm cannot as a...
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Judge: Benefits Provider's Coverage Claim Wrongly Cast As Wrongful Acts Claims
DALLAS - An insured "is attempting to transform its D&O $(directors and officers$) liability policy into a first-party policy to provide coverage for its own loss," a Texas federal judge ruled...
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Federal Judge Confirms Swiss Arbitration Award In Licensing Agreement Dispute
NEW YORK - A New York federal judge on May 1 confirmed an arbitration award that was issued in favor of a Swiss corporation in a dispute over a licensing agreement with two U.S. entities, finding that...
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Indiana Appeals Panel Affirms In Part Judgment In Dursban Injury Lawsuit
INDIANAPOLIS - In a unanimous opinion issued April 30, an Indiana Court of Appeals panel affirmed in part a trial court order granting The Dow Chemical Co. summary judgment on failure-to-warn claims in...
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8th Circuit Finds Reasonable Expectations Doctrine Applies, Reverses In Part
ST. LOUIS - A majority of the Eighth Circuit U.S. Court of Appeals on April 30 found that because the reasonable expectations doctrine applies, an insured is entitled to coverage under a 1977-78...
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Insured's Notification Of Antitrust Violation Claim Was Timely, 6th Circuit Says
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 30 held that a "claim" did not arise until January 2011 when the Federal Trade Commission initiated administrative and civil actions...
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Not All Defamatory Claims Were Employment-Related, Illinois Majority Affirms
OTTAWA, Ill. - An insurer has a duty to defend its insureds because not all of the defamatory statements counterclaimed in an underlying lawsuit were employment-related, a majority of the Third...
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Judge Refuses To Dismiss Breach Of Contract Claim In Discrimination Coverage...
CAMDEN, N.J. - A New Jersey federal judge on April 22 denied an insurer's motion to dismiss a breach of contract claim in an insured's lawsuit seeking coverage for an underlying gender discrimination...
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9th Circuit Reverses, Remands For Reconsideration Of Breach Of Contract Claim
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on April 26 reversed and remanded an errors and omissions liability insurance coverage suit for reconsideration of the insured's breach of...
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Federal Judge: Insurer Has No Duty To Defend, Indemnify Association, Board...
HATTIESBURG, Miss. - An insurer has no duty to defend or indemnify its property owners association insured and members of the insured's board of directors against underlying claims that the members...
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Missouri Panel Affirms Ruling For Insurer In Malpractice Coverage Dispute
ST. LOUIS - A Missouri appeals panel on April 23 affirmed a lower court's finding that a 2009 insurance policy did not apply to the causes of action in an underlying legal malpractice action, further...
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Court: Coverage Exists For Claims Insured Did Not Participate In Birth Injury...
RICHMOND, Va. - A majority of the Virginia Supreme Court on April 18 affirmed a lower court's finding that a professional liability insurer has duty to defend and indemnify its insured against an...
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Federal Judge: Bond Exclusion Bars Coverage For Claims Against Management Firm
SACRAMENTO, Calif. - Final judgment was entered in favor of an insurer on April 15, three days after a California federal chief judge held that an insurance policy's bond exclusion bars professional...
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Insurer Is Entitled To Rescind Policy, Judge Rules
BIRMINGHAM, Ala. - A professional liability insurer is entitled to rescind a policy based on an insured's material misrepresentations on the policy application, an Alabama federal judge ruled April 10...
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Panel: Policy Allows For Betterment Charges In Suit Disputing Insurer's...
ATLANTA - The 11th Circuit U.S. Court of Appeals on April 23 found that an insurance policy allows for betterment charges, affirming a lower federal court's ruling dismissing a lawsuit questioning the...
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Majority: Business Pursuit Exclusion Does Not Relieve Insurer Of Its Duty To...
OTTAWA, Ill. - A majority of the Third District Illinois Appellate Court on April 23 held that a policy's business pursuit exclusion did not apply to relieve an insurer of its duty to defend its...
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