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Mealey's Insurance Pleadings

  • August 18, 2025

    Insurer, Property Owner Seek Protective Order In Suit Over Defective Workmanship

    PHOENIX — An excess commercial insurer and an apartment complex owner asked an Arizona federal court to issue a protective order as to discovery in the insurer’s lawsuit seeking a declaration that an underlying $6 million stipulated judgment arising from defective workmanship claims cannot be enforced against it.

  • August 15, 2025

    No Coverage Owed For Elder Abuse Suit, Insurer Argues In Federal Court

    SACRAMENTO, Calif. — An insurer filed suit in a California federal court seeking a declaratory judgment that it owes no coverage for an underlying sexual battery, negligence and elder abuse lawsuit brought against its insured and its subsidiaries, arguing that the policy’s exclusions for criminal acts and assault, battery, abuse and molestation bar commercial general liability coverage and that the policy’s professional liability coverage was not triggered because the alleged abuser was not providing health care professional services at the time of the assault.

  • August 15, 2025

    Insured: 9th Circuit Wrong In Finding No Coverage For Substandard Work Claims

    PASADENA, Calif. — An electrical contractor filed a petition for panel rehearing with the Ninth Circuit U.S. Court of Appeals, arguing that the panel was wrong to find that a commercial general liability insurer owed no coverage for an underlying action alleging that the contractor’s substandard work led to flooding damage to switchgear.

  • August 14, 2025

    Insured Appeals, Insurer Seeks Attorney Fees In Coverage Suit Over Fatal Shooting

    GREAT FALLS, Mont. — An insured filed a notice of appeal of a Montana federal court’s finding that a liquor liability insurance policy’s Absolute Firearms Exclusion bars coverage for an underlying negligence action arising from a fatal shooting at the insured’s bar the same day the insurer moved for attorney fees incurred in the underlying action.

  • August 12, 2025

    Suit Over Airline’s LTD Plan Is Voluntarily Dismissed After Resolution Report

    FORT WORTH, Texas — A putative class complaint that a disabled pilot filed over a May 2024 plan revision that he alleged resulted in underpayment of long-term disability (LTD) benefits was voluntarily dismissed without prejudice on Aug. 11 after the defendants told the Texas federal court in a dismissal motion that the pilot’s union had already gotten the issues resolved through a Railway Labor Act (RLA) dispute-resolution process.

  • August 12, 2025

    Tax Firm Asks Texas Federal Court To Compel IRS To File Administrative Record

    DALLAS — A tax consulting firm moved to compel the filing of the administrative record in its challenge to an Internal Revenue Service final rule on certain microcaptive insurance arrangements, arguing that he agency raised arguments in its dismissal motion that cannot be resolved without the record and has not provided satisfactory reason for withholding the record despite producing it in a related case involving the same rule.

  • August 08, 2025

    Carrier Seeks Dismissal Of Hurricane Coverage Row Involving Guaranty Association

    BATON ROUGE, La. — An insurance carrier participating in the U.S. government’s National Flood Insurance Program (NFIP) moved to dismiss a suit filed against it and the Louisiana Insurance Guaranty Association (LIGA) by homeowners seeking coverage for purported damage to their property caused by Hurricane Ida.

  • August 08, 2025

    Homeowner Asks Court To Reconsider Dismissal Of Suit Against Contractor’s Insurer

    PHILADELPHIA — A homeowner is asking a federal court in Pennsylvania to reconsider its ruling dismissing his complaint against his contractor’s commercial general liability insurer for damages he was awarded in an underlying suit against the contractor, arguing that the court misapplied the state’s postloss assignment doctrine in determining that he lacked standing to assert a breach of contract claim against the insurer.

  • August 08, 2025

    Suit Against Captive Insurer, Other Entities Voluntarily Dismissed, Terminated

    WASHINGTON, D.C. — A District of Columbia federal judge terminated a case involving a risk retention group (RRG) and three entities it sued for breach of contract, breach of the covenant of good faith and fair dealing and tortious interference with business relations after the parties filed a joint stipulation of dismissal.

  • August 06, 2025

    Insurer, Ex-CEO Seek Discovery Stay In Suit Over Alleged Claims Reserve Scheme

    DALLAS — A delisted insurer and its former CEO asked a Texas federal court to stay discovery pending resolution of the former CEO’s motions for partial summary judgment on advancement of incurred legal fees and dismissal of the insurer’s counterclaims, claiming that the decisions could alter the scope of discovery in a case centered on allegations that the former CEO manipulated the insurer’s claims reserves, resulting in financial losses from a terminated loss portfolio transfer (LPT) reinsurance contract.

  • August 05, 2025

    Professional Liability Insurer: No Coverage Owed For RICO Suit Against Law Firms

    LOS ANGELES — A lawyers’ professional liability insurer filed suit in a federal court in California, seeking a declaratory judgment that it has no duty to defend or indemnify its law firm insureds against an underlying Racketeer Influenced and Corrupt Organizations Act lawsuit brought by Ford Motor Co., arguing that the underlying action fails to allege an act or omission in the insureds’ performance of legal services.

  • August 05, 2025

    Builder Seeks Reconsideration Of Ruling For Insurer On Defects Arbitration Award

    HOUSTON — A homebuilder seeks reconsideration of a Texas federal judge’s ruling granting summary judgment in favor of its commercial general liability insurer in the builder’s suit seeking indemnification for a $213,000 arbitration award for damages caused by construction defects in a home it built, arguing that the judge erred in finding that the appraisal process discharged the insurer’s obligations as there was no appraisal or appraisal award in the case.

  • August 05, 2025

    Financial Services Company Sues Primary, Excess D&O Insurers In Delaware Court

    WILMINGTON, Del. — A financial services company insured sued its primary and excess insurers in a Delaware court, seeking directors and officers insurance coverage for its defense costs associated with an underlying arbitration arising from claims that the insured recruited a broker-dealer’s employees to steal trade secret software code and proprietary information that they used to build competing products and businesses.

  • August 01, 2025

    General Contractor’s Insurer Appeals Amended Judgment In Row Over Damages Coverage

    SANTA ANA, Calif. — A commercial general liability insurer for a construction company filed a notice of appeal of a federal court in California’s judgment finding that another of the company’s insurers had no duty to defend the company as an additional insured in a dispute over damages to a Hard Rock Hotel location because the terms of the original contract included no requirements to maintain insurance beyond the final payment date for the project.

  • July 30, 2025

    Judge Dismisses Professional Negligence Suit Over Water Damage Following Settlement

    CHEYENNE, Wyo. — A federal judge in Wyoming on July 29 granted a homeowners insurer, mechanical engineering firm and plumbing company’s stipulated motion to dismiss with prejudice the subrogated insurer’s negligence suit arising from water damage that was allegedly caused by improperly installed plumbing.

  • July 30, 2025

    Insurer Seeks Contribution For Contamination Claim From 2nd Insurer

    EUGENE, Ore. — A primary insurer has a duty to defend and indemnify an insured for an underlying environmental contamination claim and has a duty to indemnify the insured’s other primary and umbrella insurer for defense and indemnity costs incurred in defending the insured, the primary and umbrella insurer says in a complaint filed in Oregon federal court.

  • July 24, 2025

    Homeowners Sue Florida Insurance Guaranty Association Over Hurricane Ian Damage

    SARASOTA, Fla.  — Florida homeowners filed a breach of contract suit in Florida state court against the Florida Insurance Guaranty Association (FIGA), asserting that it has assumed the liability for the claim they made to their now-insolvent homeowners insurer, which they allege failed to compensate them for losses related to purported damage to their home by Hurricane Ian.

  • July 23, 2025

    PHL Rehabilitator Requests Moratorium Order Modification, Cites ‘Financial Strain’

    WATERBURY. Conn. — Stating that a moratorium order that affects payments of benefits or investment obligations for policies issued by PHL Variable Insurance Co. “may present financial strain on certain policyholders,” the insurer’s rehabilitator filed a motion on July 22 to modify the order in a Connecticut court, seeking to allow eligible holders of nonvariable universal life policies alternative options for the full cost of insurance or premium charges, and enable fixed indexed annuity holders to access part of their account value.

  • July 23, 2025

    Insurer, Engineer File Verbal Notice Of Settlement Of Professional Negligence Suit

    CHEYENNE, Wyo. — A homeowners insurer and a mechanical engineering firm indicated to a federal court in Wyoming that they have reached a settlement of the insurer’s negligence lawsuit arising from water damage that was allegedly caused by improperly installed plumbing.

  • July 22, 2025

    Insurer: No Coverage Owed For Injuries Caused By Intentional Shooting Rampage

    RALEIGH, N.C. — A homeowners insurer filed suit in a North Carolina federal court seeking a declaratory judgment that it has no duty to defend and indemnify against an underlying lawsuit alleging that an unemancipated minor went on a shooting rampage that killed several people in a Raleigh neighborhood, contending that the underlying injuries were caused by intentional acts and not by an “occurrence” pursuant to the policy.

  • July 22, 2025

    Insurer Appeals Ruling In D&O Coverage Dispute Over Unfair Dilution Claims

    SAN DIEGO — A business and management indemnity insurer on July 21 filed a notice of appeal of a California federal court’s holding that it has a duty to defend and indemnify its insured against an underlying unfair dilution lawsuit because the “dilution claims exception” to the “insured vs. insured” exclusion restores directors and officers liability coverage.

  • July 22, 2025

    Insurer: Exclusion Bars Coverage For Blake Lively’s Suit Against Justin Baldoni

    NEW YORK — A management liability insurer filed suit in a New York federal court on July 21 seeking a declaration that it has no duty to provide coverage for Blake Lively’s sexual harassment, hostile work environment and retaliation action against Justin Baldoni, Wayfarer Studios LLC, It Ends With Us Movie LLC and its movie studio officers, asserting that the policy’s prior knowledge exclusion bars coverage.

  • July 22, 2025

    Excess Insurer Says Pollution Exclusion Bars Coverage For Underlying Asbestos Suits

    FORT WORTH, Texas — An excess insurer filed suit in Texas federal court against its insured and two of the insured’s other excess insurers, seeking a declaration of its coverage obligations to the insured for underlying asbestos bodily injury suits filed against the insured and claiming that its policies’ pollution exclusion bars coverage for the underlying suits.

  • July 22, 2025

    Doctor Insured: Hidden Cameras Constitute Physical Alteration, Loss Of Use

    NEW YORK — A doctor argues to the Second Circuit U.S. Court of Appeals that a lower federal court erred in dismissing her breach of contract lawsuit seeking business interruption and umbrella coverage for her losses arising from discovery of hidden cameras at her dermatology office, asserting that the hidden cameras constituted a physical alteration and loss of use and satisfied her insurance policy’s direct physical loss or damage requirement.

  • July 18, 2025

    Government Seeks Dismissal Of Captive Insurance Refund Dispute For Improper Venue

    TULSA, Okla. — Arguing that the action was filed in an improper judicial circuit and inconsistent with principal place of business evidence, the U.S. government moved to dismiss a complaint filed in a federal court in Oklahoma by the owners of a steel building manufacturer who claim that the Internal Revenue Service improperly disallowed a legitimate business expense related to a captive reinsurance arrangement.