Court Denies Summary Judgment To Reinsurer On Statute Of Limitations Claims

Ario as Liquidator of Reliance Ins. Co. v. Underwriting Members of Lloyd’s of London Syndicates.

(Commonwealth Court of Pennsylvania, June 4, 2010)

 

In this reinsurance action brought by the Liquidator for payment, the parties to a reinsurance contract filed respective motions for summary judgment as to two issues: whether the Liquidator's action is barred by the statute of limitations; and, if not, whether late notice of the claim relieved the defendants, Lloyd's of London Syndicates of any obligation under the reinsurance contract.

 

In

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THIRD CIRCUIT AFFIRMS REINSURANCE ALLOCATION

Travelers Casualty and Surety Co. v. Insurance Co. of North America

(3rd Cir. [PA] June 9, 2010)

In a dispute of reinsurance coverage, an insurer reached a $ 137 million settlement with its insured for two sets of claims being brought against it: (1) breast implant claims, relating to safety testing of silicone breast implants; and (2) chemical products claims, relating to chemical products it manufactured including a pesticide commonly known as DBCP.  The insurer then proceeded to allocate those $ 137 million

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Third Circuit Affirms Denial of Contribution Claim In Environmental Lawsuit

Great Northern Ins. Co. v. Greenwich Ins. Co.

(3rd Cir. (Pa.) March 24, 2010)

 

Atlas Resources owned and operated several natural gas wells.  A February 2004 blowout at one of the wells resulted in insurers with the Chubb Group of Insurance Co. (“Chubb”), including Great Northern Insurance Company and the Federal Insurance Co., paying more than $1.6 million in cleanup costs and property damage.  The insurers filed suit against Greenwich Insurance Company (“Greenwich”), which also insured Atlas Resources, demanding equitable contribution.

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Cases for CaseWatch: Insurance March 26, 2010 Edition

Cases provided with the permission of Lexis.

Download Aggio v. Estate of Aggio 

Download Appel et al. v. Lexington Ins. Co. 

Download Bagnal v. Foremost Ins. Group 

Download Beal v. Allstate Ins. Co. 

Download Byrd & Associates PLLC v. Evanston Ins. Co. 

Download Canal Ins. Co. v. P.S. Transport, Inc. 

Download Chicago Title Ins. Co. v. Northland Ins. Co. 

Download City of Laguna Beach v. California Ins. Guarantee Assoc. 

Download Crouch v. Siemens Short Term Disability

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District Court Awards Punitive Damages To Insurer In Default Fraud Case

Pennsylvania Nat. Mutual Cas. Ins. Co. v. Edmonds

(United States District Court, Southern District Alabama, March 3, 2010)

 

This action involved the misappropriation of hundreds of thousands of dollars by an employee of an Alabama metal fabricating company.  The insurer paid the claim and received an assignment from the company to pursue the losses.  Employee-defendant never appeared and the insurer filed a motion for default judgment against the employee for approximately $570,000, including $150,000 in punitive damages.

 

Despite the court’s acknowledgment

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CaseWatch: Insurance Cases for October 21, 2009 Edition

Download American Automobile Insurance Company v. Marlow 

Download American Commerce Insurance Company v. Harris 

Download American Hardward Mutual Ins. Co. v. Escamilla 

Download American Transit Ins. Co. v. Brown

Download Atkins v. The Prudential Ins. Co. of America 

Download Bianchi, Jr. v. Florists’ Mut. Ins. Co. 

Download Buffalo Anesthesia Assoc. v. Gang

Download Cantrell v. Amica Mutual Insurance Company 

Download Catholic Healthcare West v. California Ins. Guarantee Assoc. 

Download Crawford v. St. Paul Fire and Marine Ins. Co.

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CaseWatch: Insurance Cases for October 9, 2009 Issue

Download Accufleet, Inc. v. Hartford Fire Ins. Co.

Download Altimari v. Sun Life Assurance Co. of Canada

Download American Soc’y for Tech.-Israel Inst. of Tech. v. First Reliance Standard Life Ins. Co.

Download Baggett v. Automobile Association of America 

Download Black v. Long Term Disability Insurance 

Download Blue Cross and Blue Shield of Montana v. Montana State Auditor and Commissioner of Insurance 

Download Boggs v. Great Northern Ins. Co. 

Download Celina Ins. Group. v. Yoder & Frey, Inc. 

Download Empire

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Insurer Must Defend Insured In Alleged Organ-Harvesting Scheme

Nationwide Mutual Ins. Co. v. Garzone

(E.D. Penn, September 17, 2009)

 

In this declaratory judgment action, the insurer sought to have the court render a decision on whether or not it has a duty to defend and/or indemnify its policyholders, providers of crematory services, for underlying claims involving the policyholder’s selling of body parts for cash.  The underlying claims alleged that the policyholders either intentionally or by their negligence participated in a scheme to harvest organs of deceased individuals without the consent of

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South Carolina Supreme Court Holds Coverage For Advertising Injuries Includes Trademark Infringement Claims

Super Duper, Inc. v. PennsylvaniaNat. Mut. Ins. Co., et. al..

(Supreme Court of South Carolina, September 14, 2009)

As an issue of first impression in South Carolina was whether a policy’s inclusion of an advertising injury also encompassed trademark infringement claims pertaining to educational materials for children.  Mattel Inc. challenged the insured’s registration of four trademarks and the insured subsequently brought a declaratory judgment action in federal district court to determine if its trademark infringed on Mattel’s trademarks.  Super Duper was insured by

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District Court Vacates Arbitration Panel’s $6 Million Dollar Reinsurance Award

PMA Capital Ins. Co. v. Platinum Underwriters Bermuda, LTD

(Eastern District of Pennsylvania, September 17, 2009)

 

A Reinsurer demanded arbitration, seeking a declaration with respect to calculation of the balance of the Experience Account under the reinsurance contract and that it was entitled to the “benefit deficit carry forward” under a prior contract with a different reinsurer.  The arbitrators awarded the reinsurer $6 million dollars within 30 days and eliminated the deficit carry forward provision in the contract in its entirety.  Finding that the

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