insurance Report: Wimbledon to net £100M from pandemic insurance policy By www.thescore.com Published On :: Wed, 08 Apr 2020 18:47:10 +0000 Full Article
insurance Andreini & Co. v. MacCorkle Insurance Service, Inc. By feeds.findlaw.com Published On :: 2013-09-25T08:00:00+00:00 (California Court of Appeal) - Rule 8.278 of the California Rules of Court precludes defendant from recovering the interest paid on the borrowed funds that are deposited with the court in lieu of an appeal bond, and a recent amendment of rule 8.278, which expressly allows recovery of interest in this situation, and which became effective during the pendency of this appeal, should not be given retroactive application. Full Article Civil Procedure Contracts Intellectual Property Trade Secrets
insurance McDonnel Group, L.L.C. v. Great Lakes Insurance SE, UK Branch By feeds.findlaw.com Published On :: 2019-05-13T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute, addressed an issue relating to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Held that an insurance contract's conformity-to-statute provision did not negate the agreement to arbitrate. Full Article International Law Dispute Resolution & Arbitration
insurance Anderson v. State Farm Mutual Automobile Insurance Co. By feeds.findlaw.com Published On :: 2019-03-08T08:00:00+00:00 (United States Ninth Circuit) - Affirmed that an insurance company timely removed an insurance coverage case to federal court by filing a notice of removal within the statutory 30-day time limit. The clock began to run only when the insurance company actually received the insured's complaint, not when its statutorily designated agent did. Full Article Civil Procedure Insurance Law
insurance Metropolitan Life Insurance Co. v. Bucsek By feeds.findlaw.com Published On :: 2019-03-22T08:00:00+00:00 (United States Second Circuit) - Held that an insurance company did not have to arbitrate a former employee's claims before the Financial Industry Regulatory Authority (FINRA), an entity with which the company had severed ties. The FINRA arbitration code no longer applied to the company, even though the employee had once been registered as a securities industry representative of the company. Full Article Securities Law Insurance Law Dispute Resolution & Arbitration
insurance Cooke v. Jackson National Life Insurance Co. By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Seventh Circuit) - Held that a policyholder who successfully sued a life insurance company was not entitled to an award of attorney fees. Reversed the fee award, in this diversity jurisdiction case. Full Article Attorney's Fees Insurance Law
insurance Komorsky v. Farmers Insurance Exchange By feeds.findlaw.com Published On :: 2019-03-29T08:00:00+00:00 (California Court of Appeal) - In an insurance coverage dispute, addressed whether the daughter of an insured car crash victim was entitled to benefits under an uninsured motorist policy. Affirmed a judgment on the pleadings. Full Article Insurance Law
insurance Valls v. Allstate Insurance Co. By feeds.findlaw.com Published On :: 2019-04-02T08:00:00+00:00 (United States Second Circuit) - Held that homeowners were not insured for their home's allegedly defective concrete foundation. The gradual deterioration of their still‐standing basement walls did not constitute a covered "collapse" under their homeowner's insurance policy. Affirmed a dismissal. Full Article Insurance Law Property Law & Real Estate
insurance Foster v. Principal Life Insurance Co. By feeds.findlaw.com Published On :: 2019-04-04T08:00:00+00:00 (United States Fifth Circuit) - Held that an insurance company did not abuse its discretion in denying disability benefits to an attorney who stopped working due to intractable migraines. Affirmed the judgment below in this ERISA case. Full Article ERISA Insurance Law
insurance Ingenco Holdings, LLC v. ACE American Insurance Co. By feeds.findlaw.com Published On :: 2019-04-15T08:00:00+00:00 (United States Ninth Circuit) - In an insurance coverage dispute, revived an industrial plant's claim that the insurer should have provided coverage when broken metal brackets resulted in a shutdown of the entire facility. Reversed a summary judgment ruling. Full Article Insurance Law
insurance Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below. Full Article Oil and Gas Law Insurance Law
insurance Tran v. Minnesota Life Insurance Co. By feeds.findlaw.com Published On :: 2019-04-29T08:00:00+00:00 (United States Seventh Circuit) - In a dispute over life insurance coverage, held that a policy exclusion was applicable because a man's death from engaging in an act known as autoerotic asphyxiation qualified as intentionally self-inflicted injury. Full Article Insurance Law
insurance Varlen Corp. v. Liberty Mutual Insurance Co. By feeds.findlaw.com Published On :: 2019-05-16T08:00:00+00:00 (United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause. Full Article Environmental Law Insurance Law
insurance Cohen v. Allstate Insurance Co. By feeds.findlaw.com Published On :: 2019-05-17T08:00:00+00:00 (United States Fifth Circuit) - Held that a homeowner could not proceed with a lawsuit against an insurance company related to a claim for flood damage. Affirmed summary judgment in favor of the insurer. Full Article Insurance Law
insurance Mazik v. GEICO General Insurance Co. By feeds.findlaw.com Published On :: 2019-05-17T08:00:00+00:00 (California Court of Appeal) - Upheld a punitive damages award against an automobile insurance company for unreasonably delaying payment to a policyholder after a car crash. Full Article Insurance Law
insurance Jozefowicz v. Allstate Insurance Co. By feeds.findlaw.com Published On :: 2019-05-28T08:00:00+00:00 (California Court of Appeal) - In a dispute between a homeowner and a property insurance company over an allegedly misdirected check, held that the homeowner had no cause of action under a Uniform Commercial Code provision dealing with negotiable instruments. Affirmed summary judgment against the homeowner. Full Article Commercial Law Insurance Law
insurance McGlothin v. State Farm Mutual Insurance Co. By feeds.findlaw.com Published On :: 2019-05-31T08:00:00+00:00 (United States Fifth Circuit) - In an insurance coverage dispute arising out of a car crash, construed Mississippi's Uninsured Motorist Act. Held that the insurer was entitled to summary judgment in this diversity action. Full Article Insurance Law
insurance Ekhlassi v. National Lloyds Insurance Co. By feeds.findlaw.com Published On :: 2019-06-04T08:00:00+00:00 (United States Fifth Circuit) - In an insurance coverage case, held that a homeowner delayed too long before bringing suit over a flood insurance claim. Affirmed summary judgment in favor of the insurer, holding that the suit was time-barred. Full Article Insurance Law
insurance McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co. By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below. Full Article Insurance Law Construction
insurance Evanston Insurance Co. v. William Kramer and Associates, LLC By feeds.findlaw.com Published On :: 2019-06-11T08:00:00+00:00 (United States Second Circuit) - Held that an insurance company may not proceed with a negligence lawsuit against an adjuster for allegedly botching a claim for hurricane damage. The lawsuit was not filed within the statute of limitations. Full Article Insurance Law
insurance Essex Insurance Company v. Blue Moon Lofts Condominium Association By feeds.findlaw.com Published On :: 2019-06-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed. Full Article Insurance Law Contracts
insurance Emmis Communications Corporation v. Illinois National Insurance Company By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting. Full Article Insurance Law Contracts
insurance Nautilus Insurance Company v. Access Medical, LLC By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights. Full Article Civil Procedure Insurance Law Contracts
insurance Gale v. Chicago Title Insurance Company By feeds.findlaw.com Published On :: 2019-07-09T08:00:00+00:00 (United States Second Circuit) - Affirmed. Plaintiff, a Connecticut attorney, sued Defendants, a group of title insurance companies, for violating a Connecticut law that allows only Connecticut attorneys to act as title agents in the state. The original complaint contained class action allegations under the Class Action Fairness Act, but Plaintiff removed all class-action allegations in a subsequent complaint. The district court held that without the class-act allegations, it no longer had jurisdiction and dismissed the complaint. Full Article Civil Procedure Insurance Law Property Law & Real Estate
insurance Universal Cable Productions v. Atlantic Specialty Insurance By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned. Full Article Insurance Law
insurance Windridge of Naperville Condominium Ass'n v. Philadelphia Indemnity Insurance Co. By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An insurer had to replace the siding on an entire building whose south and west sides were damaged by a storm because the old siding was no longer available and the new siding didn't match. Full Article Insurance Law
insurance Liberty Mutual Fire Insurance v. Fowlkes Plumbing By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide. Full Article Contracts Civil Procedure Insurance Law
insurance Landmark American Insurance Co. v. Deerfield Construction, Inc. By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An insurer that did not receive timely notice of an accident could not be compelled to provide coverage. Full Article Insurance Law Civil Procedure
insurance P. v. The North River Insurance Company By feeds.findlaw.com Published On :: 2017-12-20T08:00:00+00:00 (California Court of Appeal) - Affirming the denial of a bail surety's motion to vacate the forfeiture of a bail bond in a case where a defendant charged with drug trafficking offenses fled the country and was barred from reentry on account of the pending charges because the trial court may not grant a motion to vacate the forfeiture on a ground not asserted and on evidence not presented until after the appearance period has expired. Full Article Property Law & Real Estate Civil Procedure Ethics & Professional Responsibility
insurance DD Hair Lounge, LLC v. State Farm General Insurance Company By feeds.findlaw.com Published On :: 2018-03-02T08:00:00+00:00 (California Court of Appeal) - Affirming the dismissal of a complaint brought by a company formed by a hairdresser who attempted to take advantage of changes in the law relating to whether cancelled companies can pursue litigation rather than litigate in a forthcoming manner, creating a situation where they were technically entitled to proceed but allowing them to do so would be unfair. Full Article Insurance Law Corporation & Enterprise Law Civil Procedure
insurance High Point Design, LLC v. LM Insurance Corp. By feeds.findlaw.com Published On :: 2018-12-19T08:00:00+00:00 (United States Second Circuit) - Affirmed that insurance companies had a duty to provide a defense to a footwear wholesaler that was being sued in an intellectual property case for offering for sale certain infringing slippers. The insurance policy covered advertising injuries, and advertising included offering for sale. Full Article Insurance Law Trade Dress
insurance Riddell Inc. v. Ace American Insurance Company By feeds.findlaw.com Published On :: 2017-08-23T08:00:00+00:00 (California Court of Appeal) - In a case involving helmets worn by professional football players the manufacturers of the helmets were being sued by multiple parties, so the manufacturer sued their insurers for indemnity. The insurers wanted to continue in extended discovery and demanded logs of documents withheld during prior discovery, but the court held that a stay of discover is appropriate, while the manufacturer must also provide privilege logs, reversing the trial court's decision as to the stay and affirming its order as to the privilege logs. Full Article Civil Procedure Sports Law
insurance Los Angeles Lakers Inc. v. Federal Insurance Company By feeds.findlaw.com Published On :: 2017-08-23T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court dismissal of an action brought under diversity jurisdiction by the LA Lakers against an insurer when it denied coverage and declined to defend them in a lawsuit alleging violations of the Telephone Consumer Protection Act because the court agreed that the lawsuit was an invasion of privacy suit that was specifically excluded from coverage. Full Article Contracts Sports Law Communications Law Insurance Law
insurance Chugach Management Services Zurich American Insurance Co. v. Jetnil By feeds.findlaw.com Published On :: 2017-07-21T08:00:00+00:00 (United States Ninth Circuit) - Denying the petition for review of the award of disability benefits under the Defense Base Act and the application of a judicially-created 'zone of special danger' doctrine to a local national injured while employed by a government contractor overseas. Full Article Labor & Employment Law Government Contracts Injury & Tort Law Workers' Compensation International Law
insurance Federal Insurance Company v. USA By feeds.findlaw.com Published On :: 2018-02-13T08:00:00+00:00 (United States Second Circuit) - Denying the petition for mandamus by an insurer that had paid millions on an Employee Theft Insurance policy when the insured company was found to have engaged in corrupt activities such as obtaining bribes and kickbacks from subcontractors to a government contract it held because, even if they had overcome various procedural obstacles, the company's criminal conduct and, by extension, that of the insurer, precluded them from obtaining restitution from an implicated employee, but vacating and remanding an order dismissing the insurer's petition in the employee's forfeiture proceeding because the district court failed to determine whether the company's unclean hands kept it from an equitable remedy. Full Article Government Contracts Insurance Law Civil Procedure
insurance M.E.S., Inc. v. Safeco Insurance Co. of America By feeds.findlaw.com Published On :: 2018-12-14T08:00:00+00:00 (United States Second Circuit) - Held that a general contractor could not proceed with its breach-of-contract and other claims against an insurance company that had issued surety bonds in connection with several federal construction projects. Affirmed dismissal of the general contractor's claims. Full Article Construction Contracts
insurance Yu v. Liberty Surplus Insurance Corp. By feeds.findlaw.com Published On :: 2019-01-04T08:00:00+00:00 (California Court of Appeal) - Affirmed an order voiding a default judgment on procedural grounds. Held that the complaint did not provide adequate notice to sustain a default because it failed to specify the amount of damages that the plaintiff was seeking, and instead merely prayed for "damages according to proof," in this lawsuit related to the construction of a hotel. Full Article Civil Procedure Construction
insurance McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co. By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below. Full Article Insurance Law Construction
insurance Goldstein v. California Unemployment Insurance Appeals Board By feeds.findlaw.com Published On :: 2019-04-30T08:00:00+00:00 (California Court of Appeal) - Upheld the denial of a man's application for unemployment insurance benefits. Affirmed the denial of writ relief. Full Article Government Benefits
insurance Varlen Corp. v. Liberty Mutual Insurance Co. By feeds.findlaw.com Published On :: 2019-05-16T08:00:00+00:00 (United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause. Full Article Environmental Law Insurance Law
insurance Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below. Full Article Oil and Gas Law Insurance Law
insurance Teamsters Local 404 Health Services and Insurance Plan v. King Pharmaceuticals, Inc. By feeds.findlaw.com Published On :: 2018-10-16T08:00:00+00:00 (United States Second Circuit) - Held that it was proper to remand to New York state court a case in which a labor union health plan sought disclosure of a patent dispute settlement agreement between pharmaceutical companies and the generic manufacturer of the EpiPen. Affirmed the district court's remand order, in this special proceeding under New York law seeking pre‐action disclosure. Full Article Civil Procedure Drugs & Biotech
insurance Brodsky v. HumanaDental Insurance Co. By feeds.findlaw.com Published On :: 2018-12-03T08:00:00+00:00 (United States Seventh Circuit) - Affirmed the denial of class certification in two lawsuits that were brought by unwilling recipients of faxed advertising messages. The recipients alleged that the fax advertisements violated the FCC's Solicited Fax Rule. Found no abuse of discretion in denying class certification in both cases, which were consolidated for appeal. Full Article Class Actions Communications Law
insurance McCleery v. Allstate Insurance Co. By feeds.findlaw.com Published On :: 2018-12-14T08:00:00+00:00 (California Court of Appeal) - Affirmed the denial of class certification in a wage-and-hour case involving property inspectors in the insurance industry. The inspectors proposed to establish liability and damages using a method of anonymously surveying class members, but the trial court found flaws with the plan, and its decision to deny class certification was upheld on appeal. Full Article Labor & Employment Law Class Actions Insurance Law
insurance Essex Insurance Company v. Blue Moon Lofts Condominium Association By feeds.findlaw.com Published On :: 2019-06-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed. Full Article Insurance Law Contracts
insurance Emmis Communications Corporation v. Illinois National Insurance Company By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting. Full Article Insurance Law Contracts
insurance Nautilus Insurance Company v. Access Medical, LLC By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights. Full Article Civil Procedure Insurance Law Contracts
insurance Liberty Mutual Fire Insurance v. Fowlkes Plumbing By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide. Full Article Contracts Civil Procedure Insurance Law
insurance Metropolitan Life Insurance Co. v. Bucsek By feeds.findlaw.com Published On :: 2019-03-22T08:00:00+00:00 (United States Second Circuit) - Held that an insurance company did not have to arbitrate a former employee's claims before the Financial Industry Regulatory Authority (FINRA), an entity with which the company had severed ties. The FINRA arbitration code no longer applied to the company, even though the employee had once been registered as a securities industry representative of the company. Full Article Securities Law Insurance Law Dispute Resolution & Arbitration
insurance McDonnel Group, L.L.C. v. Great Lakes Insurance SE, UK Branch By feeds.findlaw.com Published On :: 2019-05-13T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute, addressed an issue relating to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Held that an insurance contract's conformity-to-statute provision did not negate the agreement to arbitrate. Full Article International Law Dispute Resolution & Arbitration