District Court Judge Refuses To Dismiss Proposed Class Action Against PMI Group Inc.

In Re:  PMI Group Inc. Security Litigation (D.California, November 2, 2009)

Judge Susan Illston of the U.S. District Court for the Northern District of California on Monday, November 2, 2009, denied the insurer’s request to dismiss a proposed securities class action against mortgage insurer PMI Group Inc.  Judge Illston found that the investors’ amended complaint cured the deficiencies outlined in a previous order dismissing parts of the lawsuit. 

 

The lawsuit was filed in April 2008 and accused the insurer of concealing the

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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.

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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 …

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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.   …

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CaseWatch: Insurance Cases for October 9, 2009 Issue

Download Accufleet, Inc. v. Hartford Fire Ins. Co.

Download Altimari v. Sun Life Assurance Co. of Canada

Download American Soc’y for Tech.-Israel Inst. of Tech. v. First Reliance Standard Life Ins. Co.

Download Baggett v. Automobile Association of America 

Download Black v. Long Term Disability Insurance 

Download Blue Cross and Blue Shield of Montana v. Montana State Auditor and Commissioner of Insurance 

Download Boggs v. Great Northern Ins. Co. 

Download Celina Ins. Group. v. Yoder & Frey, Inc. 

Download Empire

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CaseWatch: Insurance Cases for October 2, 2009

Download Allstate Indemnity Company v. Russell

Download Allstate Ins. Co. v. American Home Products

Download Bercier v. State Farm Fire & Casualty Ins. Co.

Download Bovis Lend Lease LMB Inc. v. Garito Contracting, Inc.

Download Bruckmann, Rosser, Sherrill & Co., L.P. v. Marsh USA, Inc.

Download Capitol Specialty Insurance Corp. v. Whitaker

Download Century Surety Co. v. Dewey Bellows Operating Co.

Download Chartrand v. Illinois Union Insurance Company

Download Continental Casualty Co. v. Consolidated Graphics

Download Dunn v. Reed Group, Inc.

Download Herceg v.

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South Carolina Supreme Court Holds Coverage For Advertising Injuries Includes Trademark Infringement Claims

Super Duper, Inc. v. PennsylvaniaNat. Mut. Ins. Co., et. al..

(Supreme Court of South Carolina, September 14, 2009)

As an issue of first impression in South Carolina was whether a policy’s inclusion of an advertising injury also encompassed trademark infringement claims pertaining to educational materials for children.  Mattel Inc. challenged the insured’s registration of four trademarks and the insured subsequently brought a declaratory judgment action in federal district court to determine if its trademark infringed on Mattel’s trademarks.  Super Duper was insured by

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District Court Divests Itself of Jurisdiction in CIGNA Class Action Settlement

Miller v. Connecticut Gen. Life Ins. Co.

(S.D. W. Va. Sept. 11, 2009)

The plaintiff filed suit against CIGNA to enforce an arbitration award for life insurance benefits. The plaintiff, a West Virginia resident, was a member of a settlement class in a class action brought against CIGNA in U.S. District Court for the Central District of California. The litigation involved alleged misrepresentations made by CIGNA and its agents to purchasers of life insurance proceeds. A Final Order from that action provided that the court

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