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Arbitration Award Confirmed in Reinsurance Dispute
Ario v. Cologne Reinsurance (Barbados), Ltd.
(M.D. Pa. November 13, 2009)
This action was initiated by the Liquidator of American Integrity Insurance Company to recover on a reinsurance agreement American Integrity had with defendant, Cologne Reinsurance (Barbados), Ltd. The court confirmed the arbitration award, and denied plaintiff’s motion to vacate, rejecting plaintiff’s claims that the arbitrators manifestly disregarded the law or that their partiality was evident.
The court noted that manifest disregard of the law occurs when (1) the arbitrators knew of …
Continue ReadingCaseWatch: Insurance Cases for November 24, 2009 Issue
Allstate Life Ins. Co. v. Dall
American Modern Home Ins. Co. v. Corra
Association of Unit Owners of Nestani v. State Farm Fire and Casualty Co.
Cal Dive International v. Seabright Ins. Co.
Century Surety Co. v. Master Design Drywall, Inc.
Chrysler Ins. Co. v. Greenspoint Dodge of Houston, Inc.
Clinch v. Generali-U.S. Branch
Employers Reinsurance Corp. v. The Thomson Corp.
Erie Ins. Co. v. JMM Properties, LLC …
Continue ReadingGeorgia Court of Appeals Affirms Summary Judgment on Coverage And Assesses Additional Penalties Against Insurer For Frivolous Appeal
Transportation Ins. Co. v. Piedmont Const. Grp., LLC.
(Georgia Court of Appeals, Fourth Division, November 13, 2009)
In a strongly worded opinion, the Court of Appeals affirmed the trial court decision and assessed frivolous appeal penalties where insurer denied not only coverage but a defense under liability policy issued to a general contractor based upon a “novel and radical interpretation of a single Georgia case.” The court further noted that “this egregious conduct warrants not only affirmance but the imposition of penalties for …
Continue ReadingInsurer Ordered to Disclose Documents in Legionnaires’ Outbreak Case
Pentair Water Treatment (OH) Co. v. Continental Ins. Co.
(S.D.N.Y. Nov. 16, 2009)
The District Court for the Southern District of New York ordered Continental Insurance Company to disclose various underwriting documents and produce underwriting witnesses in a dispute over insurance coverage for a cruise ship outbreak of Legionnaires’ Disease. In 1994, passengers on the cruise ship Horizon became ill after an outbreak of Legionnaire’s Disease. The outbreak was traced to the whirlpool spa on the vessel and, specifically to its filter, which had …
Continue ReadingFifth Circuit Held That The McCarran-Ferguson Act Does Not Authorize State Law to Reverse-Preempt International Treaties
Safety National Casualty Corporation v. Certain Underwriters at Lloyd’s London
(5th Cir. (La.) November 9, 2009)
The Fifth Circuit has held that the McCarran-Ferguson Act does not authorize state law to reverse-preempt international treaties, i.e. the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The McCarran-Ferguson act allows Congress to pass laws which will regulate the “business of insurance.” It also provides that federal acts that do not expressly purport to regulate the “business of insurance” will not preempt …
Continue ReadingInsurer Moves for Summary Judgment in a D&O Declaratory Judgment Action on the Basis of Lack of Notice and that the Claim was Not Made During the Policy Period
Cox Communications, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA
(N.D. Georgia, November 12, 2009)
Insurer moves for summary judgment of declaratory judgment action seeking damages under a claims made Directors, Officers and Corporate Liability policy. Plaintiff's damages include reimbursement of certain costs associated with an $80 million settlement of an underlying action, with approximately an additional $8 million in legal fees and expenses. The insurer's motion seeks relief on three grounds: the claim was not "first made" during the policy and that the prior …
Continue ReadingNovember 15, 2009 Edition of Professional Liability Monthly is Now Available
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Continue ReadingCases for Goldberg Segalla’s Professional Liability Monthly
Download Tricor v. Illinois Union
Download American Auto v. Advest
Download G-I Holdings v. Reliance Ins.
Download Links Snacks v. Federal
Download Executive v. Pepper Hamilton
Download W3i Mobile v. Westchester
Download Eastpointe v. Travelers
Download Sovereign Ins. v. National Ins.
Download Berry & Murphy v. Carolina
Download Minn Lawyer v. Batzli
Download James River v. Kemper
Download St. Paul Motion to Dismiss
Download Genzyme Notice of Appeal
Download Certified Questions to GA Supreme Ct.
Continue ReadingEXECUTIVE RISK INDEMNITY FILES SUIT AGAINST RSUI INDEMNITY SEEKING CONTRIBUTION
Executive Risk Indemnity v. RSUI Indemnity
(W.D. Okla, October 15, 2009)
Executive Risk commenced this lawsuit alleging that RSUI is required to contribute to losses attributable to the respective carrier’s mutual insureds. In its complaint, Executive Risk does not dispute its coverage obligations in response to the underlying action; instead, it contends the same obligations extended to RSUI as well under an equitable contribution cause of action. Executive contends that coverage for the loss should be determined according to each policies respective limits. In …
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