For a copy of the November 12, 2009 edition of CaseWatch Insurance click here
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Continue ReadingLATEST INSIGHTS
Exclusion Does Not Bar Coverage Where Interpreting as Such Would Render Policy Illusory
Piper v. Nitschke’s Northern Resort Condominium Owner’s Assoc., LLC (Wis. App. November 3, 2009)
A condominium association and two condominium owners were sued by several other owners when the association amended its declaration to allow the defendant owners to use commonly owned areas to expand their condos. The defendant owner’s title insurer disclaimed coverage for the suit based upon an exclusion which it contended precluded coverage for all losses arising in any manner from the bylaws and amendments to the condominium declaration. The appellate court …
Continue ReadingSeaton Insurance Company Files Lawsuit Against Its Reinsurer
Seaton Ins. Co. v. Clearwater Ins. Co.
(D. R.I. October 26, 2009)
On October 26, 2009, Seaton Insurance Company and Stonewall Insurance Company filed a complaint in federal court against Clearwater Insurance Company to obtain sums allegedly owed under reinsurance contracts and for a declaration that defendant is required to indemnify the insurers for additional amounts that become due under the contracts.
Plaintiffs issued policies against several companies sued by individuals who claimed to have suffered bodily injury as a result of asbestos …
Continue ReadingCaseWatch: Insurance Cases for November 12, 2009 Edition
Download AmCal General Contractors, Inc. v. ACE USA Company
Download Bituminous Casualty Corp. v. Buckley
Download Brigitte v. National Life Ins. Co.
Download Century Indemnity Co. v. Certain Underwriters at Lloyd's London
Download Chehardy v. Allstate Ins. Co.
Download Colony Ins. Co. v. Peachtree Construction, Ltd.
Download Corban v. U.S. Automobile Assoc.
Download Estate of Bozeman v. Muller …
Continue ReadingEleventh Circuit Affirms Insurer’s Interpretation Of Policy Language In A Cancer And Special Disease Policy Regarding the Meaning Of “Actual Charges Incurred”
Philadelphia American Life Ins. Co. v. Buckles
(United States Court of Appeals, Eleventh Circuit, October 23, 2009)
This case involved the interpretation of a provision in a supplemental cancer and specified disease insurance policy. The district court held that the term “actual charges incurred” is unambiguous and “means the actual amount accepted by a health care provider as full satisfaction of the policyholder’s obligations for treatment covered by the policy.” The policyholder contended rather that “actual charges incurred” is synonymous with “actual …
Continue ReadingSecond Circuit Won’t Rule on Constitutionality of NY Workers Comp Amendments
Liberty Mut. Ins. Co. v. Hurlbut
(2nd Cir. (N.Y.) Nov. 4, 2009)
The Second Circuit refused to exercise federal jurisdiction over claims by Liberty Mutual that recent amendments to New York’s Workers Compensation Law are unconstitutional. Liberty’s claims stemmed from an amendment to the Workers Compensation Law that requires insurers to make deposits to an aggregate fund for all permanent partial disability cases. Another amendment bestows settlement authority for indemnity benefits on trustees of that aggregate fund. Liberty and its affiliates sued the …
Continue ReadingNew York Appellate Court Denies Plaintiff’s Motion to Stay Arbitration on Arbitrability Grounds
Life Receivables Trust v. Goshawk Syndicate 102 at Lloyd’s
(New York Appellate Division, 1st Dept., October 13, 2009)
A New York appellate court upheld a denial of plaintiff’s motion to stay or enjoin arbitration before the American Arbitration Association. The agreement provides that all disputes be referred to arbitration under the AAA. While arbitrability is often a judicial determination, the court held because the parties incorporated by referenced the AAA rules, which allows the tribunal to rule on its own jurisdiction, the arbitrators …
Continue ReadingDistrict 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 …
Continue ReadingIn a Reinsurance Dispute Involving Asbestos Contamination, Reinsurer Filed Counterclaims Against Insurer for Misrepresentation
Utica Insurance Co. v. Fireman's Fund Insurance Co. (Northern District of New York, November 2, 2009)
This action stems from several underlying actions regarding umbrella policies Utica issued between 1966 through 1972. In order to reduce its risk, Utica purchased reinsurance from the Fireman's Fund among other reinsurers. Utica's insured filed several asbestos-related claims under its umbrella policies which resulted in Utica paying close to 25 million dollars in settlements. According to the pleadings, Utica provided the Fireman's Fund with all the expenses and billing information it …
Continue ReadingGoldberg Segalla’s Reinsurance Review November 2009 Edition is Now Available
For a free copy, click here
To receive the Reinsurance Review directly via email, kindly contact Jeffrey Kingsley at [email protected] …
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