District Court Awards Punitive Damages To Insurer In Default Fraud Case

Pennsylvania Nat. Mutual Cas. Ins. Co. v. Edmonds

(United States District Court, Southern District Alabama, March 3, 2010)

 

This action involved the misappropriation of hundreds of thousands of dollars by an employee of an Alabama metal fabricating company.  The insurer paid the claim and received an assignment from the company to pursue the losses.  Employee-defendant never appeared and the insurer filed a motion for default judgment against the employee for approximately $570,000, including $150,000 in punitive damages.

 

Despite the court’s acknowledgment

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The National Association of Insurance Commissioners recently announced that it will be holding a hearing on Stranger-Owned Annuities.

Stranger-Owned Annuities allow investors to purchase an interest in the life of an elderly or terminally ill person, inducing the insured to purchase the policy largely for the benefit of unrelated and sometimes unknown beneficiaries. The NAIC will examine whether greater regulation of the Stranger-Owned Annuity market is warranted and whether consumers are adequately protected.

In recent history, the insurance industry has focused on Stranger-Owned Life Insurance Policies, which are generally disfavored by the industry because they are a speculative investment for disinterested parties. Numerous …

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CaseWatch: Insurance Cases for March 10, 2010

Cases Courtesy of Lexis.

Download 11 Essex Street Corp. v. Tower Ins. Co. of N.Y.

Download Amerisure Mut. Ins. Co. v. Auchter Co. 

Download Apartment Investment & Management Co. v. Nutmeg Ins. Co. 

Download Baldwin v. Doe Download Christensen v. Farmers Ins. Co. 

Download Cincinnati Ins. Co. v. Beazer Home Investments, LLC 

Download Clifton v. United Casualty Ins. Co. 

Download Dutten-Lainson Co. v. The Continental Ins. Co. 

Download Hanson v. Turner Construction Co. 

Download Holder v. Mercury

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Pre-Existing Condition Limitation in Prior Group Insurer’s Policy Applied to Deny Benefits

Jones v. Unum Provident Corp.

(8th Cir., March 1, 2010)

 

A disability insurance carrier denied coverage based on the plan’s pre-existing condition clause.  The dispute was whether the prior carrier’s plan would have been paid if it had remained in force.  The Circuit Court agreed with the insurer that the prior policy lapsed when the participant stopped working full-time, even after her benefits were denied, despite that she started working again a few months later.  The court held that when the plaintiff quit work, contrary

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Two Bermuda Programs Offer Unique Perspective on the Power of Social Media and the Potential of the New York Insurance Exchange

Social Media for Insurers and Reinsurers Explores — How International Business Can Use Social Media

Social media and its use in international business will be the focus for talk held at the Bermuda Underwater Exploration Institute on March 15, 2010

The speakers at the event will be Mairi Mallon, managing director of specialist re/insurance public relations firm rein4ce Ltd., and Dan Gerber, chair of attorney and litigators Goldberg Segalla LLP's Global Insurance Services Practice Group.

Both have written and spoken extensively about social media and …

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Fifth Circuit Determines the Prior Act Exclusion Bars Coverage for Legal Malpractice Claim

Byrd & Assocs., PLLC v. Evanston Ins. Co.

(5th Cir. (Miss.) Feb. 26, 2010)

 

A federal court ruled that professional liability insurer Evanston Insurance Company was not obligated to defend or indemnify its policyholder, the law firm of Byrd & Associates, in a legal malpractice action stemming from dismissal of a medical malpractice action prosecuted by the law firm. The medical malpractice case was dismissed after the firm failed to comply with the court’s scheduling order.

 

The firm submitted its application for

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Reinsurance Arbitration Award Due to Arbitrators’ Failure to Disclose Involvement in Another Arbitration Involving a Common Witness, Similar Disputed Contract Terms, and a Company that Succeeded to a Party’s Business

Scandinavian Reinsurance Co. Ltd. v. St. Paul Fire & Marine Insurance Co.

(U.S.D.C., S.D.N.Y. February 23, 2010)

 

A reinsurance company petitioned the federal district court to vacate an arbitration award on the basis that two of the arbitrators failed to disclose their simultaneous involvement in another arbitration and thereby exhibited evident partiality.  The other arbitration involved a pivotal common witness, similar disputed contract terms and issues, and a company that succeeded to the business of the defendant in this arbitration.  During the

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Breach of Contract and Bad Faith Claims Against Reinsurers Survive, But Negligence Claim Is Dismissed

NORCAL Mutual Ins. Co. v. Certain Underwriters at Lloyd’s of London

(Cal. App. February 22, 2010)

 

Certain Underwriters at Lloyd’s of London, CNA Reinsurance Company Limited and Terra Nova Insurance Company, Limited (“reinsurers”) reinsured NORCAL Mutual Insurance Company (“NORCAL”) for any liability NORCAL might incur under a managed health care professional liability policy issued by NORCAL for the initial policy period of August 1999 through August 2000.  After the reinsurers denied NORCAL’s claim for reinsurance, NORCAL sued for breach of contract, insurance bad

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