Insurance

  • October 31, 2012

    5th Circ. Revives Free Speech Suit Over Name Of Atty's Blog

    The Fifth Circuit on Tuesday resurrected a challenge to a Texas law barring the use of the term “workers’ compensation” in connection with business services, finding that the statute may unconstitutionally deny free speech rights to the attorney operating the Texas Workers’ Compensation Law Blog.

  • October 31, 2012

    US Fidelity Can't Shake Suit Over Asbestos Defense Costs

    A federal judge on Tuesday refused to dismiss a lawsuit against U.S. Fidelity and Guaranty Co. accusing it of concealing policies it issued to a company hammered by asbestos injury litigation in order to avoid paying its fair share of coverage.

  • October 31, 2012

    City In NY Not Liable For Storm Floods Caused By Drain Clog

    In a ruling with potential implications for municipal liability in the wake of Hurricane Sandy, a New York federal judge has found the city of Jamestown, N.Y., was not liable for 2009 storm-related flooding damages based on drainage system failures of which it was not aware.

  • October 31, 2012

    Sporting Goods Co. Sues Insurer Over $10M Damages Coverage

    Wholesale sporting goods company Rhinox Inc. brought suit in California state court Tuesday alleging its insurer American Economy Insurance Co. has a duty to cover and indemnify it for $10 million in damages stemming from a judgment against Rhinox in an underlying suit.

  • October 31, 2012

    Judge Tosses Suit Over Wells Fargo Force-Placed Insurance

    A California federal judge on Tuesday dismissed a putative class action accusing Wells Fargo & Co. of receiving kickbacks as part of a scheme to force mortgage borrowers to maintain excessive flood insurance on their homes, but allowed the plaintiffs to amend some of their claims.

  • October 31, 2012

    Liberty Mutual Settles Coverage Row With UnitedHealth

    A Minnesota federal judge on Tuesday dismissed Liberty Mutual Insurance Co. from a suit brought by UnitedHealth Group Inc. seeking coverage from its insurers for hundreds of underlying suits over health insurance claims reimbursements, signing off on Liberty and UnitedHealth’s confidential settlement.

  • October 30, 2012

    Highmark Fires Back In UPMC Antitrust Dispute

    Highmark Inc. argued Friday that a proposed class action accusing it of conspiring with the University of Pittsburgh Medical Center to inflate insurance rates cannot survive because of a 90-year-old U.S. Supreme Court finding that damages cannot be awarded in a dispute over allegedly anti-competitive rates if a regulatory agency already approved those rates.

  • October 30, 2012

    Hartford Needn't Defend Client In IP Row, Calif. Court Says

    A California appeals court on Monday upheld a ruling that Hartford Casualty Insurance Co. had no duty to defend a client in a patent and trademark dispute, rejecting another court division's analysis that an insurer with an advertising injury clause in its policy must defend an insured if claims in a complaint imply that the insured disparaged another company.

  • October 30, 2012

    Hurricane Sandy Could Cost Insurers $10B In Claims

    Property and casualty claims from Hurricane Sandy could cost insurers between $5 billion and $10 billion, according to initial estimates, but attorneys say the damages could rise even higher as power outages and shuttered ports and public transit systems continue to cripple businesses in the wake of the historic storm.

  • October 30, 2012

    Disability Pay Based On Date Of Injury, 11th Circ. Says

    The Eleventh Circuit on Tuesday shot down a disabled worker’s bid to get around the U.S. Supreme Court’s recent decision that the cap on benefits under the Longshore and Harbor Workers Compensation Act should be calculated based on when workers become disabled, not when a compensation order is issued.

  • October 30, 2012

    Discovery Halted In FDIC's Morgan Stanley RMBS Suit

    A Texas federal judge granted Morgan Stanley's bid Tuesday to stay discovery in the Federal Deposit Insurance Corp.'s suit over its sale of $67 million in residential mortgage-backed securities to failed Franklin Bank SSB, finding that a fight over the correct forum should be resolved first.

  • October 30, 2012

    Travelers Units Can't Beat $6M Condo Damage Contribution Suit

    A pair of The Travelers Cos. Inc. units on Monday failed to escape a Washington suit in which Houston General Insurance Co. seeks contribution to a $6 million settlement over weather and structural damage to property owned by a condominium association.

  • October 30, 2012

    Hartford Says It Owes No Tax Fraud Defense To Law Firm

    Hartford Casualty Insurance Co. on Monday urged a Colorado federal court to reject a law firm’s bid for defense coverage in an underlying suit alleging tax fraud in a complicated real estate and tax-related loan transaction, saying a policy’s fraud exclusion bars coverage.

  • October 30, 2012

    Travelers Says Archdiocese Didn't Disclose Sex Abuse Claims

    Travelers Insurance Co. on Monday told an Indiana federal judge that the Roman Catholic Archdiocese of Indianapolis Inc. is responsible for $250,000 incurred in its sexual abuse litigation, saying Travelers shouldn’t pay because it never received advance notice of the claims.

  • October 30, 2012

    Builder Hit With $8M Award Says Insurers Snubbed $1M Offer

    A Florida construction company is suing three insurers over their refusal to settle a lawsuit concerning defective stucco installation that resulted in a $7.7 million negligence verdict against the company, according to a suit removed to Florida federal court Monday.

  • October 29, 2012

    Artemis Cleared In Calif.'s $4B Executive Life Fraud Suit

    A federal jury on Monday decided in favor of Artemis SA in the California insurance commissioner’s $4.33 billion suit over a conspiracy to fraudulently obtain the assets of failed insurance company Executive Life Insurance Co., finding French magnate Francios Pinault’s holding company not liable for damages.

  • October 29, 2012

    CAFA Provides Wide Removal Power, NAM Tells High Court

    The National Association of Manufacturers on Monday urged the U.S. Supreme Court to overturn a ruling keeping an insurance class action in state court, claiming that the original jurisdiction limitations set by the Class Action Fairness Act do not apply to federal court removal.

  • October 29, 2012

    Insurers Face Higher Capital Requirements For MBS

    Regulators on a National Association of Insurance Commissioners task force on Friday reportedly approved requiring insurers to reserve more capital to cover risks tied to mortgage-backed securities.

  • October 29, 2012

    Insurer Balks At Defending Sandusky In Sex Abuse Suits

    Federal Insurance Co. on Friday asked a court for the second time to rule out coverage under a directors and officers policy for former Pennsylvania State University assistant football coach Jerry Sandusky, arguing it would violate public policy to force an insurer to defend a convicted pedophile.

  • October 29, 2012

    Justices Nix 401(K) Fee Appeals By John Hancock, Investors

    The U.S. Supreme Court declined Monday to hear appeals by John Hancock Life Insurance Co. and a group of investors challenging a ruling barring Investment Company Act claims over 401(k) fees, but allowed Employee Retirement Income Security Act allegations to be made without presuit demands.