PATENT INFRINGEMENT CLAIMS FOUND TO CONSTITUTE “ADVERTISING INJURY”

Hyundai Motor America v. National Insurance Company of Pittsburgh
(9th Cir. (Ca.)
April 5, 2010)

Recently, the Ninth Circuit ruled that a patent
infringement claim constituted “misappropriation of ideas,” triggering a CGL
carrier’s duty to defend under the Personal and Advertising Liability
Coverage.  
 Hyundai’s website featured a “build your own vehicle”
(“BYO”) feature, which allowed users to input information regarding vehicle
preferences and generated customized vehicle images and pricing. 

Orion IP, LLC had patented an “electronic
system for creating customized product proposals”

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MetLife Agrees to Pay $13.5 to Avoid Prosecution of Allegations that it Violated ERISA.

Metropolitan Life Insurance Company (“MetLife”) agrees to pay $13.5 million to the federal government to avoid prosecution of allegations that it violated the Employee Retirement Income Security Act, according to a Department of Justice Press Release by the San Diego Division of the Federal Bureau of Investigation.   As alleged, MetLife made improper payments to a San Diego based insurance broker, by knowingly failing to disclose and report certain information, including commissions and fees paid, required under ERISA.  The U.S. Attorney for the Southern District of

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Life, Health, Disability and ERISA Quarterly Cases, Vol. 1

Cases

Download BALMERT v. RELIANCE STANDARD LIFE INSURANCE COMPANY 

Download BARINOVA v. ING 

Download BILEZIKJIAN V. UNUM LIFE INS. CO. OF AMERICA 

Download CAPONE v. AETNA LIFE INSURANCE COMPANY 

Download COUNTRY LIFE INSURANCE COMPANY v. MARKS 

Download CUSSON v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON 

Download DARVELL v LIFE INSURANCE COMPANY OF NORTH AMERICA 

Download DYER v. HILL SERVICES PLUMBING AND HVAC 

Download FIDELITY NATIONAL TITLE INS. CO v. REGENT ABSTRACT SERVICE, LTD 

Download HALL v.

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CaseWatch: Insurance Cases for April 12, 2010 Edition

Download American Best Food, Inc. v. Alea London, Ltd. 

Download Amerisure Mutual Insurance Company v. Global Reinsurance Corporation of America. 

Download Aspen Ins. UK, LTD v. Dune Energy 

Download Bernstein v. Bankert 

Download Boston Gas Company v. Century Indemnity Co. 

Download Chicago Title Insurance Company v. Northland Insurance Company 

Download Cincinnati Ins. Co. v. Motorists Mut. Ins. Co. 

Download Continental Casualty Co. v. Bertucci 

Download Continental Casualty Company v. Law Offices of Melborne Mills, Jr., PLLC 

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Cases for CaseWatch: Insurance March 26, 2010 Edition

Cases provided with the permission of Lexis.

Download Aggio v. Estate of Aggio 

Download Appel et al. v. Lexington Ins. Co. 

Download Bagnal v. Foremost Ins. Group 

Download Beal v. Allstate Ins. Co. 

Download Byrd & Associates PLLC v. Evanston Ins. Co. 

Download Canal Ins. Co. v. P.S. Transport, Inc. 

Download Chicago Title Ins. Co. v. Northland Ins. Co. 

Download City of Laguna Beach v. California Ins. Guarantee Assoc. 

Download Crouch v. Siemens Short Term Disability

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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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CaseWatch: Insurance – Cases from the February 24, 2010 Edition

Cases provided courtesy of Lexis

Download American Home Assurance Co. v. Pope 

Download Associated Ins. Serv., Inc. v. Garcia 

Download Auto-Owners Ins. Co. v. Ferwerda Enters., Inc. 

Download Bilezikjian v. Unum Life Ins. Co. of America 

Download Burns v. Smith 

Download Butterfly-Biles v. State Farm Life Ins. Co. 

Download C's Discount Pharmacy, Inc. v. Pacific Ins. Co., LTD 

Download Currier v. Penn Ohio Logistics 

Download Farm Bureau Mut. Ins. Co. of Ak., Inc. v. Gadbury-Swift 

Download

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Ninth Circuit Upholds Arbitration Award Under Reinsurance Contract Despite Ex Parte Communications Between Arbitration Panel and Neutral Experts

U.S. Life Insurance Co. v. Superior National Insurance Co.

(9th Cir. [CA] January 4, 2010)

 

The Ninth Circuit Federal Court of Appeals has recently upheld a California District Court ruling affirming an arbitration award in favor of a group of insurers against a reinsurer.  The group of insurers entered into a reinsurance contract with U.S. Life to reinsure the insurers’ workers compensation risks for a five year period.  After entering into the agreement, the insurers declared bankruptcy and entered into liquidation.…

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District Court Grants Respondents’ Motion Compelling Arbitration Of Parties’ Rights Under Reinsurance Contracts, Staying Pending Litigation Affirming A Prior Award

Sun Life Assurance Co. of Canada v. Liberty Mut. Ins. Co. et. al.

(United States District Court, Southern District California, December 9, 2009)

 

This action arises from a dispute between the parties over their obligations under two reinsurance contracts.  The petitioner, Sun Life, seeks the confirmation of a prior arbitration award, whereas respondents contend that in seeking confirmation of the award Sun Life also seeks substantive rulings regarding the rights and liabilities of the parties that the arbitration panel did not address. 

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