Force-Placed Meets the Feds – The Insurance Regulatory Field Grows
Recent news regarding lender-placed insurance (more colloquially known as “force-placed†insurance) has focused on state efforts to regulate the industry. Now the Feds are getting involvedFlorida and Alabama Governors Join Fight Against Flood Insurance Rate Hikes
The Governors of Florida and Alabama filed an Amicus brief in a lawsuit brought by Mississippi against the federal government over flood insurance rate hikes. Mississippi filed suit just before rate hFourth Circuit Finds Arsenic and Lead Contamination Subject to Absolute Pollution Exclusion
Ross Development Corporation v. Fireman’s Fund Insurance Company, et al. (Index No. 12-2059) (June 6, 2013) On appeal from the U.S. District of South Carolina, the Fourth Circuit affirmed tFederal Court Maintains No Property Damage, No Occurrence Stance for Intentional Breach of Contract
NWS Corp. v. Hartford Fire Ins. Co. (D. Mass.) (12-30113-KPN) The U.S. District Court for Massachusetts relied on long-standing state law to deny coverage for an insured television programmer whoFraud Inducing Mass Mailings – One Event or Multiple Claims?
American Guar. & Liab. Ins. Co. v Chicago Ins. Co., 2013 N.Y. App. Div. LEXIS 2778 (N.Y. App. Div. 2013) The New York state appeals court, first department reversed the trial court holding thaFirm Left Without Malpractice Insurance For Botched Sales Contract
Koransky, Bouwer & Proacky, P.C. v. The Bar Plan Mut. Ins. Co. (7th Cir. (Ind.) Apr. 2, 2013) The Seventh Circuit recently affirmed a ruling that left a law firm without insurance coverage for aFormer 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 GianFederal Prosecutors Indict Health Insurance TPA for $9 Million in Overstated Loss Ratios
United States v. Gutschlag, GM-Southwest, Inc. U.S. Dist. Ct., W.D.Va. April 8, 2013 Third Party Administrator GM – Southwest, Inc. (TPA), and its former owner John Paul Gutschlag, Sr. contrFifth Circuit Finds Prejudice, Upholds Excess Insurer’s Rights to Notice
Berkley Reg. Ins. Co. v. Phil. Indem. Ins. Co. U.S. Ct. Apps. 5th Cir. (Tex.) Aug. 2, 2012 The underlying lawsuit involved a slip and fall with $1 million of primary coverage and excess/umbrellaFourth Circuit: No Coverage for Defrocked Priest’s Sexual Abuse
Ranta v. Catholic Mut. Relief Soc’y of Am.(4th Cir. (S.C.) July 24, 2012) The Fourth Circuit recently upheld a denial of coverage to a Catholic priest accused of sexually abusing the plainFlorida Supreme Court’s Bad Faith Ruling is Bad News for Policyholders
QBE Ins. Corp. v. Chalfonte Condo. Apt. Ass’n, Inc.(Fla. May 31, 2012) The Florida Supreme Court ruled last week that there is no common law first-party bad faith cause of action against an inFLORIDA JURY AWARDS GLORIA ESTEFAN’S HOTEL CO. $ 6.7 MILLION FOR HURRICANE DAMAGE
Pin-Pon Corporation v. Landmark American Insurance Co. , case number 2009 0320 CA 03, consolidated with Pin-Pon Corporation v. Lexington Insurance Co., case number 31 2009 CA 01 2244, May 3, 2012 (InFederal Judge Dismisses Breach of Contract Suit Against Reinsurance Brokers
Olympus Insurance Co. v. Aon Benfield Inc. and Benfield Inc. (D. Minn. March 30, 2012) On March 20, 2012 a federal judge in Minnesota dismissed a breach of contract action brought by Olympus InsurancFifth Circuit: Contract Exclusion Does Not Apply to Copyright Infringement Claim
Looney Ricks Kiss Architects, Inc. v. State Farm Fire & Cas. Co. (5th Cir. (La.) April 4, 2012) The Fifth Circuit recently predicted that the Louisiana Supreme Court would apply a “but forFourth Circuit Certifies Pollution Exclusion Ambiguity To The Virginia Supreme Court
Travco Ins. Co. v. Ward (Fourth Circuit, March 1, 2012) This environmental coverage dispute resulted from a property loss involving Chinese Drywall installed in policyholder’s residence. OverFourth Circuit Finds Coverage for Violation of Fair Labor Standards Act
Republic Franklin Ins. Co. v. Albemarle County School Board (4th Cit. (Va.) Feb. 24, 2012) The Fourth Circuit recently held that an insured’s violation of the Fair Labor Standards Act (“Former New York State Superintendent of Insurance, James J. Wrynn, joins Goldberg Segalla LLP as Partner
Goldberg Segalla LLP is pleased to announce James J. Wrynn will join the law firm March 5. He will run the firm’s New York office and will be a senior partner in its Global Insurance ServicesFebruary Edition of Reinsurance Review is Now Available
For a free copy of this month's edition click here. To receive this publication for free each month, please contact Jeff Kingsley at jkingsley@goldbergsegalla.com.Federal Court Refuses to Dismiss Bad Faith Claims Against Insurer for Failure to Indemnify Pipeline Manufacturer
Gulf Prod. Co. v. Hoover Oilfield Supply, Inc. (U.S. Dist. E.D.LA, January 11, 2012) A Louisiana federal court denied an insurer’s motion to dismiss bad faith claims brought in an insurancMeet The Experts
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