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October 16, 2013 Professional Liability Monthly

Professional Liability Monthly – October Edition is Now Available

Featured headlines in this edition of Professional Liability Monthly:

Plaintiff’s Accounting Malpractice Claim Dismissed
NJ Supreme Court Retaliation Decision “Mixed Bag” For Employers
District Court Addresses Facebook Posts Under Stored Communications Act
Court Finds Board-Certified Family Medicine Physician Is Not a “Similar Health Care Provider”
PA Supreme Court Rules MCARE Fund May Be Required to Make Multiple Payouts in Single Case
Pennsylvania Court Dismisses Suit for Lack of Personal Jurisdiction
Appellate Court Finds Claim Sounds in Ordinary Negligence Rather Than Medical Malpractice
Pennsylvania’s Certificate

September 3, 2013 Reinsurance

Cases for Special Edition of Reinsurance Review, Monte Carlo

Cases provided courtesy of LexisNexis.

Aioi Nissay Dowa Ins. Co. v. Prosight Specialty Mgmt. Co.

Amlin Corporate Member Limited and Others v. Oriental Assurance Corporation

Greenlight Reinsurance v. Appalachian Underwriters

Ins. Co. of the State of Pennsylvania v. Argonaut Ins. Co.

Lee v. Ability Insurance Co.

Munoz v. PHH Corp.

National Casualty Co. v. OneBeacon American Ins. Co.

OneBeacon Insurance Company v. Aviva Insurance Limited

Pine Top Receivable of Ill., LLC, v. Banco de Seguros Del Estado

Superintendent of Financial Services of The State of …

July 4, 2013 Policy Conditions, Considerations, Construction, and Formation

Court Won’t Kick Out Class Action Kickback Claims Against HSBC

Moriba Ba v. HSBC USA, Inc.
United States District Court for the Eastern District of Pennsylvania
June 26, 2013
The plaintiffs, Moriba Ba, Donald Chipp, Sherrica Chipp, Shawn Hunt, Eugene Murano, and Yolanda Wiggins filed a class action complaint, alleging that HSBC USA Inc. received kickbacks from private mortgage insurers, in violation of the Real Estate Settlement Procedures Act of 1974 (RESPA) and common law unjust enrichment by the defendants. The plaintiffs allege that they obtained home mortgage loans from the HSBC defendants. However, because …

May 20, 2013 Reinsurance

Cases for Reinsurance Review – May 2013 Edition

Cases provided courtesy of LexisNexis

AIU INS. CO. V. TIG INS. CO.

BEAZLEY UNDERWRITING LIMITED AND OTHERS V. AL AHLEIA INSURANCE COMPANY AND OTHER COMPANIES

BURKE V. ABILITY INS. CO.

MUNICH REINSURANCE AM., INC. V. AM. NAT’L INS. CO.

NEW HAMPSHIRE INS. CO. V. MAGELLAN REINSURANCE CO.

NEW JERSEY PHYSICIANS UNITED RECIPROCAL EXCHANGE V. ACE UNDERWRITING AGENCIES LTD.

OLYMPUS INSURANCE CO. V. AON BENFIELD, INC.

PINE TOP RECEIVABLES OF ILLINOIS, LLC V. BANCO DE SEGUROS DEL ESTADO

THE INSURANCE CO. OF THE STATE OF PENNSYLVANIA …

April 17, 2013 Fraud

Former NFL Linebacker Indicted for Insurance Fraud

United States of America v. Marcus Buckley and Kimberly Jones, United States District Court Eastern District of California, April 10, 2013
Marcus Buckley, a former linebacker for the New York Giants and Atlanta Falcons, was charged his involvement in a $1.5 million insurance fraud scheme. He is alleged to have filed fraudulent claims with the New York Giants’ workers’ compensation program. The adjuster on Buckley’s claims, Kimberly Jones, was also charged with fraud.

During the time period Buckley played for the Giants, the Giants …

March 20, 2013 Directors and Officers

No Coverage for Sandusky under Not-For-Profit D&O Policy

Federal Ins. Co. v. Sandusky, United States District Court for the Middle District of Pennsylvania, March 1, 2013

Federal Insurance Company brought an action seeking a declaration that it had no obligation to provide coverage to Gerald Sandusky for civil and criminal claims brought against him for the sexual abuse and molestation of children. The court granted Federal summary judgment, finding that Sandusky did not commit those crimes in his insured capacity.

Federal insured The Second Mile, which was a nonprofit organization for at-risk youths, …

March 4, 2013 Policy Conditions, Considerations, Construction, and Formation

Florida Widens Insurer’s Liability for Defense Costs

An intermediate appeals court in Florida held that an insurer’s decision to refuse separate independent counsel for an additional insured (AI) was wrong and awarded the AI indemnification for attorney’s fees and costs for independent counsel. In University of Miami v. Great American Assurance Company, etc., (No. 3D09-2010, Florida Third District Court of Appeal), the insured ran a summer swim camp on the AI’s campus. The claimant sued both entities for lack of supervision, claiming bodily injuries from being pulled unresponsive from the …

January 8, 2013 Policy Conditions, Considerations, Construction, and Formation

Unjust Enrichment Claim Dismissed in Force-Placed Insurance Suit

On December 31, 2012, New Jersey District Court Judge Noel L. Hillman granted in part and denied in part defendant PHH Mortgage Corporation’s (PHH) motion to dismiss the class action suit brought against it, which challenged the practice of a PHH subsidiary of purchasing force-placed hazard insurance from a provider in arrangements where PHH benefits financially. Specifically, Judge Hillman dismissed the plaintiffs’ unjust enrichment claim, but left intact some breach of contract and consumer fraud claims.

Judge Hillman concluded that the unjust enrichment claim is …

October 30, 2012 Professional Liability Monthly