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Insurance Industry Motion to Dismiss Breach of Contract

McDermott Will & Emery

This Week in 340B: April 9 – April 15, 2024

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Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

King & Spalding

What Does “Based On” Mean?

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In Cost of Insurance Litigation, Courts Continue to Disagree Over the Meaning of the Key Contractual Provision - If you see a movie that is “based on a true story,” how close to the story are you expecting the movie to be?...more

Wiley Rein LLP

D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show...

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Applying Illinois law, the U.S. District Court for the Northern District of Illinois has held that a D&O policy’s professional services and contract exclusions do not bar coverage for lawsuits seeking damages for fees and...more

White and Williams LLP

Reinsurance Litigants May Need to Avoid Putting Their Faith in the Tort of Bad Faith

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In a recent Alabama federal court decision, aptly captioned Alabama Municipal Insurance Corporation v. Munich Reinsurance American, Inc., the plaintiff reinsured brought three counts of bad faith against the defendant...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

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Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

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The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

Morris James LLP

Delaware Superior Court Finds Civil Investigation Demand Triggers Insurer’s Duty to Defend Insured

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Conduent State Healthcare v. AIG Specialty, C. A. No. N18C-12-074 MMJ (Del. Super. June 24, 2019). Addressing an issue for which there is a split in authority, the Delaware Superior Court held that a Civil Investigative...more

Saul Ewing LLP

Constrained By Rule 12(B)(6), South Carolina District Court Denies Insurer’s Motion to Dismiss Insured’s Breach of Contract and...

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Skinner v. Horace Mann Ins. Co., No. 4:18-CV-00922-RBH, 2019 WL 935243 (D.S.C. Feb. 26, 2019) - Plaintiff Annie Skinner (Skinner) allegedly suffered severe injuries and extensive property damage as a result of a February...more

Saul Ewing LLP

Federal Court Shuts Down Bad Faith Plaintiff’s Attempt At Forum Shopping

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An insurer successfully defeated a plaintiff’s attempt to keep a bad faith action in state court by “manipulating” federal diversity jurisdiction by naming an individual claims adjuster as a defendant....more

Saul Ewing LLP

N.D. of Mississippi: Insured’s Claim that Insurer Acted in Bad Faith by Failing to Disclose its Practice of Depreciating Labor...

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Mitchell v. State Farm Fire and Casualty Company, No. 3:17cv00170-M, 2018 WL 4572664 (N.D. Miss. Sept. 24, 2018) - Lorine Mitchell submitted a claim to State Farm for damage to her property from a storm. Under the terms of...more

Farrell Fritz, P.C.

“Unnecessary and Inappropriate”: The declaration no one wanted

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Your client wants to recover damages for breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? ...more

Holland & Knight LLP

Florida Appeals Court Allows Assignment of Benefit Restrictions in Homeowner Policies - Ruling Sets Up Conflict with Earlier...

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Florida's Fourth District Court of Appeal (DCA) ruled on Sept. 5, 2018, that an insurer's anti-assignment provision was not prohibited. The Court disagreed with the Fifth DCA's decision in December 2017 prohibiting any such...more

Bradley Arant Boult Cummings LLP

CNA Long-Term Care Class Action — Could It Have Long-Term Consequences?

A long-term care insurance class action filed in May 2018 highlights the importance of clearly defined policy language. At dispute in the lawsuit pending in the United States District Court for the Northern District of...more

Carlton Fields

Florida Federal Court Dismisses Reinsurer’s Agent From Breach Of Contract Lawsuit

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In this case, the ceding company, VIP Universal Medical Insurance Group Ltd. (“VIP”), brought an action in Florida federal court against its reinsurer, BF&M Life Insurance Company Ltd. (“BF&M”), and International Reinsurance...more

Bradley Arant Boult Cummings LLP

Long-Term Care and Elder Abuse: Do They Intersect?

In at least one state, California, the answer to the question of “Do issues related to long-term care and elder abuse intersect?” is yes. The California Welfare and Institutions Code defines “financial abuse” of an elder...more

Carlton Fields

COI Litigation Update

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Life insurers that defend challenges to their exercises of discretion to adjust cost of insurance (COI) rates on universal life insurance policies continue to seek opportunities to narrow the scope of the claims through early...more

Saul Ewing LLP

District of Connecticut Denies Motion to Dismiss in Faulty Concrete Case, Leaving Open the Question of the Scope of “Sudden” and...

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The District Court for the District of Connecticut denied Allstate's motion to dismiss its insureds’ breach of contract and statutory bad faith claims, finding that the cost to fix damage to the concrete foundation of the...more

Carlton Fields

Nebraska Federal Court Applies First-To-File Rule To Reinsurance Breach Of Contract Disputes, Transfers Case To Connecticut

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The District of Nebraska recently ruled in favor of Charter Oak Oil Co. (“Charter Oak”)’s attempt to dismiss a breach of contract case by Applied Underwriters Captive Risk Assurance Co. (“AUCRA”) based on the first-to-file...more

Carlton Fields

Reinsurer Prevails In Dismissing Breach Of Contract, Bad Faith Claims Asserted By Underlying Policyholder

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A federal district court in Pennsylvania recently dismissed all claims asserted by an insured against a reinsurer in a coverage dispute over an explosion at plaintiff Three Rivers Hydroponics (“Three Rivers”)’s commercial...more

Carlton Fields

District Of South Carolina Denies Motion To Dismiss Action Involving Fronting Relationship

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Applying Delaware law, a South Carolina District Court found Plaintiff had properly pled its causes of action for breach of contract, breach of fiduciary duty, negligence/gross negligence and negligent misrepresentation...more

Carlton Fields

Illinois District Court Dismisses Case Filed By Insurance Department, As Rehabilitator, Against Reinsurer

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The District Court for the Northern District of Illinois dismissed a complaint filed by Plaintiff-Rehabilitator, the Illinois Director of Insurance, against Defendant-Reinsurer, Twin Rivers, alleging breach of contract,...more

Ballard Spahr LLP

Ninth Circuit to Decide Key TCPA Insurance Issue

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The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more

Cozen O'Connor

Can Disputes Related To Procurement Of Federal Flood Insurance Policies Be Litigated In State Court?

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It is well-established that claim processing and wrongful denial of coverage disputes involving federal flood insurance policies belong in federal court because they present substantial questions of federal law. The U.S....more

Carlton Fields

Alleged Misrepresentations to DFS Warrant SLUSA Preclusion

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The Southern District of New York recently granted defendant’s motion to dismiss a putative class action claiming that AXA Equitable Life Insurance Company breached its contractual obligation by implementing a volatility...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

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