The Insurance & Reinsurance Report
Your Timely Insurance and Reinsurance Analysis of Legal and Regulatory Developments and News.
Cases provided courtesy of LexisNexis.
Cumberland County Guidance Center, et al. v. Scottsdale Insurance Co.
Dept. of Health & Human Services v. Florida; NFIB v. Sebelius; Florida v. HHS
GC Finance, LLC v. Old Republic National Title Ins. Co.
Houston Cas. Co. v. St. Paul Fire & Marine Inc. Co.
Indian Harbor Ins. Co. v. Bestcomp, Inc.
International Chemical Corp. v. Nautilus Ins. Co.
Jadick …
Continue ReadingDepartment of Health and Human Services v. State of Florida (U.S. Supreme Court, No. 11-398)
On January 6, 2012, the U.S.D.O.J. filed its first brief in the matter of Department of Health and Human Services v. State of Florida, et al. In that matter, a number of states are seeking a declaration from the United States Supreme Court that Congress overstepped its constitutional powers by enacting the Health Care Reform bill, which requires that private individuals purchase health coverage or pay a penalty. In the …
Continue ReadingBay Farms Corp. v. Great American Alliance Ins. Co. (United States District Court, Middle District of Florida, December 7, 2011)
The issue in this environmental coverage dispute was whether a 2011 amendment to the Florida statutory scheme governing sinkhole insurance which added a statutory definition of "structural damage" should be applied retroactively to the insurance policy. In September of 2009, the policyholder submitted a claim under the Policy for sinkhole losses arising from damage to structures on the property. The insurer contended that of …
Continue ReadingWhite Spring Agric. Chems., Inc. v. Glawson Invs. Corp. (11th Cir. Fla. Oct. 17, 2011)
White Springs Agricultural Chemicals, Inc. (“White Springs”), a mining company, appealed the confirmation by the United States District Court for the Middle District of Florida of an arbitration award in favor of Glawson Investments Corp. (“Glawson”), a land owner, granting attorneys’ fees, expert fees, and prejudgment interest. White Springs sought to vacate or modify the arbitration award under sections 10 and 11 of the Federal Arbitration Act (“FAA”).
White …
Continue ReadingPruco Life Insurance Co. v. Brasner (U.S. Dist. S.D.FL November 14, 2011)
In Pruco, a 72 year old woman attended a seminar promising “free life insurance.” When she later inquired with the broker agency, she was signed up for a $10 million dollar policy which listed her as the owner and her husband as the beneficiary. However, the woman was never intended to pay any premiums on the policy and it was understood that the policy proceeds would be collected by a third party to …
Continue ReadingCases provided courtesy of LexisNexis.
AES Corp. v. Steadfast Ins. Co.
Bradford Oil Company, Inc. v. Stonington Ins. Co., et al.
Canal Ins. Co. v. Montello, Inc., et al.
Crossmann Comm. of North Carolina v. Harleysville Mut. Ins. Co.
Dragas Management Corp. v. Hanover Ins. Co.
Erie Ins. Exchange v. Imperial Marble Corp.
Evanston Ins. Co. v. Harbor Walk Dev., LLC
Gabarick v. Laurin Maritime Inc., et al.
Harleysville Mut. Ins. Co. v. Glenn A. Ford & Son Drilling Contr.…
Continue ReadingDept. of Health and Human Services v. Florida; NFIB v. Sebelius; and Florida v. HHS, November 14, 2011
On Monday, November 14, 2011, the U.S. Supreme Court had decided to determine the constitutionality of the sweeping health care reform law, Patient Protection and Affordable Care Act (“PPACA”), proposed by President Barack Obama. The announcement was made via a brief order issued on Monday.
Oral arguments are likely to be scheduled for late February or March, with a ruling possibly as early as June. The court …
Continue ReadingCases provided courtesy of LexisNexis.
Amco Ins. Co. v. Inspired Technologies, Inc.
Ames Constr., Inc. v. Maxum Indem. Co.
Aroa Marketing, Inc. v. Hartford Ins. Co. of the Midwest
Bridge Metal Indus., LLC v. The Travelers Indemnity Co.
Citizens Ins. Co. of America. v. Uncommon LLC
Dragas Management Corp. v. Hanover Ins. Co.
Employers Reinsurance Co. v. Massachusetts Mut. Life Ins. Co.
Feldman Law Group, P.C. v. Liberty Mutual Ins. Co.
Continue ReadingWestport Ins. Corp. v. VN Hotel Group LLC, et. al.
(United States District Court, Middle District, Florida, October 11, 2011)
The issue in this environmental coverage dispute was whether the insurer of a hotel chain was obligated to provide coverage to its insured hotel based on a wrongful death action in which a hotel guest contracted legionnaires disease after using the hotel hot tub. Specifically, the issue was whether the policy’s Pollution Exclusion or Fungi or Bacteria Exclusion applied to bar coverage.
The policy defined …
Continue ReadingMarkel Int. Ins Co., LTD. v. Florida West Covered RV & Boat Storage, LLC. (United States Court of Appeals, 11th Cir., August 11, 2011)
This action for declaratory relief involved coverage for a third party, who alleged he was forced to wade through retained flood water to retrieve his personal property from a storage unit that he leased from Florida West. The underlying complainant alleged that he "contract[ed] bacterial poisoning," "a severe bacterial infection," and "injury" due to "milling[s] from roadwork" which had …
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