Goldberg Segalla, Author at The Insurance & Reinsurance Report

October 27, 2009 Bad Faith and Extra-Contractual Liability

Georgia Supreme Court Reverses Appellate Court Holding On Adequacy Of Jury Charge For Plaintiff’s Bad Faith Claims

Fortner v. Grange Mutual Ins. Co.

(Georgia Supreme Court, October 19, 2009)

The Georgia Supreme Court granted certiorari to consider whether the Court of Appeals properly interpreted the “safe harbor” provision recognized in Cotton States Mut. Ins. Co. v. Brightman, 276 Ga. 683 (2003). In 2003 Fortner was injured in a car accident caused by Grange Mutual policyholder, Arnsdorff, who had bodily injury limit of $50,000 and a $1 million liability with Auto Owners Ins. Co. through his plumbing business. Fortner …

October 23, 2009 Excess Insurance

New York’s Highest Court Denies Law Firm Excess Coverage for Client Fraud

Executive Risk Indem. v. Pepper Hamilton LLP

(N.Y. Oct. 20, 2009)

New York’s highest court held that Philadelphia-based Pepper Hamilton LLP is not entitled to excess insurance coverage for litigation arising from its client’s securities fraud. The coverage litigation stemmed from fraud perpetrated by Pepper Hamilton’s client, a company that serviced the vocational portion of the student loan market. The client repackaged loans acquired from other lenders into certificates, which it sold to investors. Pepper Hamilton prepared memoranda used by the client in connection with …

October 22, 2009 CaseWatch

CaseWatch Insurance, October 21, 2009 Edition is Now Available

For a copy of this edition, click here.

If you would like to receive this publication directly to you via email, kindly contact Sarah Delaney at [email protected]

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October 21, 2009 Reinsurance

Third Circuit Determines that State-Law Principles of Contract Interpretation Apply To Reinsurance Agreement

Century Indemnity Co. v. Certain Underwriters at Lloyd’s, London

3d Cir. (Penn), October 15, 2009

This matter involves the appeal of the District Court’s Order granting defendant’s motion to compel arbitration of a disputed claim based on a set of reinsurance agreements. The Court of Appeals was asked to decide whether the parties had entered into a valid arbitration agreement such that the District Court properly compelled plaintiff to arbitrate its dispute arising from the retrocessional agreements between plaintiff and defendant.

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October 20, 2009 Uncategorized

CaseWatch: Insurance Cases for October 21, 2009 Edition

Download American Automobile Insurance Company v. Marlow

Download American Commerce Insurance Company v. Harris

Download American Hardward Mutual Ins. Co. v. Escamilla

Download American Transit Ins. Co. v. Brown

Download Atkins v. The Prudential Ins. Co. of America

Download Bianchi, Jr. v. Florists’ Mut. Ins. Co.

Download Buffalo Anesthesia Assoc. v. Gang

Download Cantrell v. Amica Mutual Insurance Company

Download Catholic Healthcare West v. California Ins. Guarantee Assoc.

Download Crawford v. St. Paul Fire and Marine Ins. Co.…

October 19, 2009 Life, Health, Disability & ERISA

California Passes Critical Life Insurance Bill

California became the 34^th state to regulate life settlements when Gov. Arnold Schwarzenegger of California signed Bill S.B. 98. The bill preserves a policyholder’s right to sell the life insurance policy for value prior to lapse or surrender. Additionally, individuals can obtain life settlements through an agent, an prohibit insurance companies from restricting life insurance agents from informing policyholders about such settlements. The law provides stronger consumer-orientated provisions, including licensing mandates for brokers and settlement companies, requiring disclosures regarding offers, business relationships and compensation, …

October 15, 2009 Uncategorized

Professional Liability Monthly October Edition is Now Available

The publication is distributed monthly. Cases are organized by topic, and where available, hyperlinks are included providing recipients with direct access to the full decision. In addition, we provide the latest information regarding news in the professional liability industry. We appreciate your interest in our publication, and welcome your feedback. We also encourage you to share the publication with your colleagues. If others in your organization are interested in receiving the publication or if you would like to be removed from the distribution list, please …

October 15, 2009 Professional Liability Monthly

Cases Cited In Professional Liability Monthly – October 15, 2009

Download Medical Mut. v. Indian Harbor

Download HSB Group v. SVB Underwriting

Download Harker v. Federal Ins.

Download Southwest Georgia v. Colonial

Download Fulton Bellows v. Federal

Download Landmark v. Reli Title

Download Nations First v. Tudor Ins.

Download Genzyme Corp v. Federal

Download Auto-Owners Ins. v. Lloyd's

Download Gambino v. American Guarantee

Download Weddington v. United National

Download Warren Hosp. v. American Cas.

Download Chicago Ins. Capwill

Download Nationwide v. Garzone

Download Swedish American v. Sari Ins.

Download Tone Order

Download Stanford Order- Defense …

October 14, 2009 Arbitration / Reinsurance

Second Circuit Remands $34 Million Jury Verdict Against Reinsurer Back to Lower Court to Address Which Claims Should Be Arbitrated

AXA Versicherung AG v. New Hampshire Insurance Co.

(2^nd Cir. [NY] October 14, 2009)

An action was filed against a reinsurer relating to two reinsurance contracts. The plaintiff alleged that the reinsurer misrepresented or failed to disclose certain material facts in connection with the negotiation of these contracts and sued for intentional misrepresentation, negligent misrepresentation, material nondisclosure, and breach of the duty of utmost good faith. After an arbitration proceeding was stayed, the matter was tried before a jury in the …

October 13, 2009 Uncategorized

First Circuit Concludes That A Standard D&O Policy Is Triggered Only When Director or Officer is Named as Defendant

Medical Mutual Insurance Company of Maine v. Indian Harbor Insurance Company

(1 Cir. (Me.), October 8, 2009)

The CEO of the policyholder suffered a stroke, and shortly thereafter was ousted from his position. As a result, he filed complaints with the EEOC and his state's human rights commission claiming disabilty complaints Those resulted in "Right to Sue" letters.

In the ensuing legal proceeding, the former CEO named only the corporation as defendant, but he did allege wrongful conduct attributable to directors and officers. …