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Uncategorized

Diet Pill Makers Seeking Coverage For Suits Alleging False Advertising

Basic Research v. Admiral Insurance Co. (D.C. Utah, November 30, 2009)

Policyholders, manufacturers and marketers of the weight loss pill Akavar 20/50, filed a suit in federal court seeking coverage for defense costs from their insurers for underlying cases accusing the policyholders of false advertising. 

 

Some of the policyholders were first sued in November 2007 in a putative nationwide class action in Utah alleging that the ads regarding weight loss were misleading.  In December 2007, the policyholders were hit with a similar …

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Uncategorized

Cases for CaseWatch: Insurance December 4, 2009 Edition

Cases Used with the Permission of Lexis

Download Berry & Murphy, P.C. v. Carolina Casualty Ins. Co. 

Download Brown v. J.B. Hunt Transportation Services 

Download City of Dillon v. Montana Municipal Ins. Auth. 

Download Eisenman v. GEICO 

Download Farmers Elevator, Inc. v. Hartford Life Ins. Co. 

Download Federal Ins. Co. v. Executive Coach Luxury Travel 

Download FountainCourt Homeowners' Assoc. v. American Family Mutual Ins. Co. 

Download Gutierrez v. Yochim 

Download Interstate Aerials, LLC v. Great American Ins. …

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Life, Health, Disability & ERISA

Disability Benefits Administrator Did Not Abuse Discretion By Affirming Denial Of Short-term Benefits Prior To Receipt Of Additional Data Requested From The Claimant’s Treating Physician

Medina v. Metro. Life Ins. Co

(1st. Cir. (P.R.) November 24, 2009)

 

The claimant's short-term disability benefits were terminated, and upon the claimant's appeal, sent out for independent review.  After the reviewing physician's report was received, the administrator provided the report to the claimant's treating physician, and requested additional information.  The claimant was on notice that such information was requested.  The treating physician never responded.  The administrator, based upon the independent evaluation, re-affirmed its denial of disability benefits.  The claimant sued, asserting that the administrator …

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Excess Insurance

New Causes of Action Asserted Against Excess Insurance Carrier for Underlying Asbestos Claims

LSG Technologies, Inc. v. US Fire Ins. Co.

(E.D.Texas, November 25, 2009)

 

 

Over two years after initially filing a complaint in the Eastern District of Texas, plaintiff, LGS Technologies Inc., amended its complaint against an excess insurance carrier seeking a declaration of coverage with respect to several underlying asbestos and mixed dust cases.   Plaintiff argues that one or more of its primary policies have been exhausted, triggering the commercial excess policies issued by U.S. Fire Insurance Co.  Specifically, plaintiff references seven policies, with …

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Arbitration

Seventh Circuit Dismisses Appeal Regarding Arbitration for Lack of Jurisdiction

Sherwood v. Marquette Transp. Co., LLC

(7th Cir. (Ill.) Nov. 23, 2009)

 

The Seventh Circuit recently dismissed an employer’s appeal to overturn a district court’s decision refusing to stay an employee’s pending litigation in favor of arbitration. Bluegrass Marine, whose vessels ply the Mississippi River, was sued by an employee injured while working as a deckhand. Bluegrass asked the district court to stay the suit, arguing that the employment contract between the parties required that all disputes be arbitrated under the Illinois Arbitration …

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Reinsurance

Service of Suit Clause in Reinsurance Contract With Foreign Reinsurer Operates as a Waiver of the Reinsurer’s Right to Remove a Lawsuit to Federal Court

Dinallo v. Dunav Ins. Co.

(U.S. Dist. S.D.N.Y. November 19, 2009)

 

The Superintendant of Insurance of the State of New York, in his capacity as the liquidator of the insolvent Midland Insurance Company, filed suit against a Serbian reinsurance company.  The Superintendant alleges that, between November 1978 and October 1980, Midland and the defendant entered into four separate reinsurance treaties pertaining to certain insurance policies written by Midland.  Midland incurred various losses from claims on these policies that the Superintendant alleges were …

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