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Judge Denies Consumer's Motion For Attorney Fees In Debt Collection Suit
ROCHESTER, N.Y. - Ruling that there was no mutual assent as to the terms of a judgment offer in a Fair Debt Collection Practices Act (FDCPA) lawsuit, a federal judge in New York on March 19 denied a...
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Man Sentenced To 41 Months Imprisonment For Computer Fraud, Identity Theft
NEWARK, N.J. - A man convicted of two counts of violating the Computer Fraud and Abuse Act (CFAA) on March 19 was sentenced to 41 months imprisonment by a New Jersey federal judge who also denied his...
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Silver Price-Fixing Allegations Against JPMorgan Are Dismissed
NEW YORK - A federal judge in New York on March 18 dismissed allegations that JPMorgan violated federal antitrust law by participating in a conspiracy to manipulate market prices for silver futures (In...
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New York Federal Judge Certifies Drugstore Assistant Managers Seeking Overtime
NEW YORK - A New York federal judge on March 20 certified a class of drugstore assistant store managers (ASM) seeking overtime pay for hours worked in excess of 40 per week (Mani Jacob, et al. v. Duane...
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Court: Maritime Exposure Excludes Coverage Under Washington Compensation Law
TACOMA, Wash. - A man's asbestos exposure during maritime employment places his widow's claim squarely in the federal compensation scheme, a Washington appeals court held March 19 (Robert Long, et al....
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Bankruptcy Judge Denies Judgment To Insurer Against Agency For Wrongful Transfer
HARRISBURG, Pa. - A Pennsylvania federal bankruptcy judge on March 20 denied summary judgment to an insolvent insurer on its request of $1.5 million, which is the amount an insurance agency allegedly...
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Nevada Federal Judge Denies Certification, Limits Claims In Strip-Search Suit
LAS VEGAS - A Nevada federal judge on March 19 rejected a motion for class certification in an inmate's strip-search suit and granted partial summary judgment for the defendant on the plaintiff's state...
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Court: Insurer's Low-Ball Offer For Third Party's Harms Not An Effort to Defraud
SAN DIEGO - An insurer's denial of liability and a low-ball settlement offer to an individual allegedly injured by its insured do not constitute an effort to defraud, a state court held March 18 in...
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Employers' Liability Exclusion Endorsement Is Enforceable, 5th Circuit Affirms
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 18 affirmed a lower court's finding that a 2003 insurance policy's employers liability exclusion endorsement precludes the insurer's duty...
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Judge: Insureds Fail To Show Concurrent Cause That Would Defeat Policy Exclusion
LAS VEGAS - Insureds have failed to establish how damages sought in an underlying class action could be attributable to anything other than professional services that are subject to a policy exclusion,...
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Panel: Loan Guarantees Were Not Actions By Insureds In Their Director Capacities
SEATTLE - Guarantees for a $945,000 loan were purely individual and not actions by insureds in their director capacities, the Ninth Circuit U.S. Court of Appeals held March 13, affirming a lower...
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Insured's Former Executive Director Entitled To Attorney Fees, Federal Judge...
BLUEFIELD, W.Va. - An insured's former executive director is entitled to recover reasonable attorney fees and costs associated with both his defense against a 2004 civil action filed by the State of...
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Judge Finds Policy Excluded Mold Damage In Townhouse Development
MINNEAPOLIS - A Minnesota federal judge on March 18 granted summary judgment for an insurer, finding that a policy issued to the builder of a townhouse complex that contained numerous construction...
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Magistrate Denies Summary Judgment On Bad Faith Claim In E&O Coverage Dispute
BOSTON - A Massachusetts federal magistrate judge on March 14 found that an errors and omissions insurer's performance of initially honoring and then dishonoring a life insurance agent's timely policy...
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Poor Quality Exclusion Precludes Coverage, 2nd Circuit Affirms
NEW YORK - The Second Circuit U.S. Court of Appeals on March 14 affirmed a lower federal court's ruling that an insurance policy's poor quality exclusion precludes coverage for underlying claims that...
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Judge Denies Insurer's Motion To Dismiss Suit Arising From Recorded Phone Calls
CINCINNATI - An Ohio federal senior judge on March 12 denied an excess insurer's motion to dismiss a coverage lawsuit arising from underlying claims that an insured recorded customer telephone calls...
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Horse Owners Violated Equine Mortality Policy Exclusion, 6th Circuit Affirms
CINCINNATI - Owners of a 5-year-old thoroughbred euthanized their horse despite an insurer's offer to take over treatment of the horse and in violation of their equine mortality insurance policy's...
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Summary Judgment On Prejudice Issue Is Inappropriate, Washington Majority...
OLYMPIA, Wash. - A majority of the Washington Supreme Court on March 7 affirmed a lower court's ruling requiring an insurer to reimburse its drug manufacturer insured for reasonable defense fees...
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Indiana Majority: Insurer Has No Duty To Defend Motel Against Molestation Suit
INDIANAPOLIS - A majority of the Indiana Supreme Court on March 6 found that an insurer has no duty to defend its motel insured against an underlying negligence lawsuit arising from claims that an...
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No Occurrence In Coverage Territory Alleged, Ohio Appeals Panel Determines
CINCINNATI - An insurer had no duty to defend its insured in underlying suits arising out of the insured's financial support of terrorist groups because the underlying suits did not allege conduct that...
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