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Mealey's Insurance Pleadings

  • 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.

  • July 16, 2025

    U.S., Former Execs Brief 2nd Circuit Cross-Appeals In Securities Fraud Case

    NEW YORK — Wrapping up briefing in consolidated cross-appeals in a securities fraud case, the federal government urged the Second Circuit U.S. Court of Appeals to reverse certain judgments in the long-running litigation and order resentencing for all three former hedge fund executives whom federal juries convicted in connection with the so-called “Black Elk” scheme that involved reinsurers.

  • July 16, 2025

    Insurer Says No Further Coverage Owed For Underlying Silica Bodily Injury Suits

    NEW YORK — In a complaint filed in New York federal court, an insurer says it owes no further coverage to an insured for underlying silica bodily injury lawsuits filed against the insured because coverage is afforded under only one of its policies and that coverage was exhausted when the insurer funded a settlement for one of the underlying suits.

  • July 15, 2025

    Insured Appeals Denial Of Motion For Relief From Judgment In Coronavirus Suit

    ELIZABETH CITY, N.C. —A hotel and restaurant owner insurer notified a North Carolina federal court that it is asking the Fourth Circuit U.S. Court of Appeal to review the court’s recent denial of its motion for relief from a 2021 judgment dismissing its breach of contract and bad faith lawsuit arising from the coronavirus pandemic.

  • July 15, 2025

    PHL Rehabilitator To Propose Moratorium Modifications Before End Of July

    WATERBURY, Conn. — In a supplement to his second accounting and status report, the rehabilitator of PHL Variable Insurance Co. told a Connecticut court that by the end of July, he intends to file a motion to modify a moratorium order that affects payments of benefits or investment obligations for policies issued by PHL.

  • July 15, 2025

    Pollution Exclusion Bars Coverage For Contamination Suit, Insurer Contends

    PITTSBURGH — No coverage is owed for an environmental contamination suit filed against an insured because the pollution exclusions in the insured’s commercial general liability policies bar coverage, an insurer says in a complaint filed in Pennsylvania federal court.

  • July 14, 2025

    9th Circuit Affirms Dismissal Of Driver’s Claim For Larger COVID-19 Refunds

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed the dismissal of a driver’s class action against her insurer, GEICO, for violating California’s unfair competition law (UCL) by providing drivers an insufficient rebate on premiums after the COVID-19 pandemic, finding that the insurer was protected by the “‘safe harbor’” doctrine as the state insurance commissioner approved its rebate amounts.

  • July 14, 2025

    Oral Argument Set In Appeal On Good Farming Practices Crop Insurance Determination

    NEW ORLEANS — Oral argument is scheduled for Aug. 5 in the Fifth Circuit U.S. Court of Appeals in an appeal filed by a peanut and cotton farmer seeking reversal of a summary judgment ruling, which held that federal regulators implemented proper standards and correctly considered expert testimony in concluding that the farmer failed to follow good farming practices (GFP) for crop insurance coverage purposes.

  • July 14, 2025

    11th Circuit Sets Argument In Exhaustion Appeal Involving NFL Disability Plan

    ATLANTA — The 11th Circuit U.S. Court of Appeals has scheduled oral argument for Aug. 13 in an appeal where a former NFL player who argued that he should have been awarded total and permanent (T&P) disability benefits a decade earlier than he was seeks reversal of a dismissal ruling that was based on failure to exhaust administrative remedies.

  • July 14, 2025

    Homeowners Ask Panel To Reconsider Affirming Dismissal Of Defects Coverage Suit

    SEATTLE — Homeowners filed a petition asking the Ninth Circuit U.S. Court of Appeals to reconsider its holding that a lower federal court did not abuse its discretion by dismissing their coverage dispute stemming from a defects lawsuit over the construction of homes, challenging the panel’s finding that four out of the five factors in Hernandez v. City of El Monte favor dismissal for failure to prosecute or comply with a court order.

  • July 08, 2025

    Surplus Lines Insurer, Insured File Notice Of Settlement In Water Damage Suit

    ATLANTA — A surplus lines insurer and its insured filed a notice of settlement in Georgia federal court, agreeing to settle the insured’s breach of contract and bad faith suit stemming from the insured’s claim for coverage for a number of insured apartment units damaged as a result of frozen water pipes that burst.

  • July 03, 2025

    Judge: Reinsurer Failed To Meet Burden Of Proof In Motion For Partial Judgment

    FORT WORTH, Texas — A Texas federal judge denied a reinsurer’s motion for partial judgment on the pleadings for claims brought by National Transportation Associates Inc. (NTA) concerning a dispute over whether contractual mandates issued by California and other states render a commission payment structure unenforceable; the case is part of broader consolidated litigation among reinsurers and NTA that centers on the reinsurers’ claims of inflated provisional commissions and breach of various agreements.

  • July 02, 2025

    Yacht Insurers Sue Owners, Seeking Finding Of No Coverage For Flooding Incident

    KEY WEST, Fla. — Insurers of a yacht sued the vessel’s owners and the bank listed as the loss payee in a Florida federal court, seeking a declaration that there is no coverage under the policy for a flood-related loss due in part to the insureds’ purported misrepresentations regarding their claim in the policy renewal questionnaire that they had complied with the fire extinguishing equipment warranty.

  • July 02, 2025

    Reinsurer Moves To Seal Cross-Motion To Confirm Confidential Arbitration Award

    NEW YORK — A reinsurer asked a New York federal court to seal portions of its cross-motion to confirm a confidential arbitration award it won against a food processing company concerning a poultry rendering facility fire and subsequent reinsurance dispute due to a confidentiality agreement between the parties; the food processing company’s petition and documents in support were previously sealed in this case.

  • July 01, 2025

    CGL Insurer Disputes Coverage For Suits Arising From Music Festival Shooting

    SEATTLE — A commercial general liability insurer filed suit in a Washington federal court seeking a declaration that it has no duty to defend or indemnify its insureds against underlying lawsuits alleging that the insureds’ negligence and failure to exercise due care proximately caused the deaths and injuries from a shooting at a music festival.

  • July 01, 2025

    Insurer Says It Owed No Duty To Defend Water Contamination Suits

    LOS ANGELES — An insurer maintains in opposition to an insured’s motion for judgment on the pleadings that it owed no duty to defend the insured against two water contamination complaints filed by the Los Angeles Regional Water Quality Control Board because the complaints only sought to impose penalties against the insured and did not seek damages as required by the policy.

  • July 01, 2025

    Oral Argument Set In Federal Circuit For ACA Reinsurance Takings Case

    WASHINGTON, D.C. — Oral argument is scheduled for July 9 in the Federal Circuit U.S. Court of Appeals in an appeal by two self-insured group health plan trusts challenging a U.S. Court of Federal Claims ruling that found they failed to establish a property appropriation by the federal government in a lawsuit over the Transitional Reinsurance Program (TRP) of the Patient Protection and Affordable Care Act (ACA).