United States Archives - Page 270 of 314

U.S. Government Chooses Not to Intervene in Hurricane Katrina Whistleblower Lawsuit but Reserves its Rights to Intervene at a Later Date

Mar 4, 2008 | Catastrophe Claims, Coverage & Claims | United States

The U.S. Attorney’s office has decided not to intervene, at this time, in United States of America, ex rel. Rigsby v. State Farm Ins. Co., a Katrina-related whistleblower lawsuit filed in federal court in Mississippi.

Federal Judge Rules That Policy Exclusion Severely Limits Port Authorities’ WTC Claims

Mar 3, 2008 | Coverage & Claims, Terrorism Risk and Insurance | United States

Last week, Judge Barbara Jones of the United States District Court for the Southern District of New York ruled that a policy exclusion in the Port Authority’s Policy effectively barred coverage for damage done to all but one of the buildings at the World Trade Center complex and the PATH train station.

Fifth Circuit Upholds Dismissal of Claims Against Insurance Agent based on Louisiana’s One-Year Statute of Limitations

Feb 29, 2008 | Catastrophe Claims, Coverage & Claims | United States

The United States Court of Appeals for the Fifth Circuit recently upheld the dismissal of a claim by two individuals against an insurance agent who sold them renters’ insurance because they failed to file their claim within one-year after they learned about, or should have known, the facts that gave rise to their claim.

Report from ABA TIPS Insurance Coverage Litigation Committee Mid-Year Meeting in Marina Del Rey, CA

Feb 29, 2008 | Asbestos, Coverage & Claims, Industry Developments | United Kingdom, United States

Craig Stewart (Boston) and Antony Woodhouse (London) of Edwards Angell Palmer & Dodge LLP are attending the 16th annual ABA TIPS Insurance Coverage Litigation Committee mid-year meeting in Marina Del Rey. They report that the meeting is very well attended and is currently in full flow with representatives from 31 different states, Puerto Rico, Canada and, of course, the U.K.

Ohio Federal Court Judge Denies Motion to Compel Production of Information as to Other Claims and Security Breaches In Computer Hacking Case

Feb 29, 2008 | Coverage & Claims | United States

In late 2007, an Ohio federal court ruled that an insurer defending itself in a lawsuit over its denial of coverage of a computer hacking claim against one of its insureds should not be forced to disclose any information regarding its own unrelated security breach or about how it handled similar computer hacking claims with other policyholders.

Class Action Antitrust Suit Brought Against Title Insurers in NY Federal Court

Feb 29, 2008 | Antitrust, New York Developments | United States

By complaint dated February 1, 2008, four named individuals commenced a class action lawsuit against fourteen (14) title insurance companies in the United States District Court for the Eastern District of New York alleging violations of antitrust laws.

Legislative Update — Michigan Gets Closer to Increasing Annual Fees Paid By Captives

Feb 29, 2008 | Regulatory | United States

On February 26 2008, the Michigan Senate voted unanimously to adopt S.B. 1061 as amended by the Michigan House on February 21, 2008, and the most significant change is an increase in the annual fees paid by captive insurance companies within the state of Michigan.

Supreme Court Denies Appeal of Katrina Coverage Cases from Louisiana Federal Court

Feb 28, 2008 | Catastrophe Claims, Coverage & Claims | United States

Last week, the United States Supreme Court refused to hear the appeal by policyholders of the Fifth Circuit’s pro-insurer August 2007 decision that held that various policies’ flood exclusions unambiguously precluded recovery for damages caused by breach of the levees after Hurricane Katrina.

BI-Economy: New York’s Highest Court Sustains Insured’s Claim for Consequential Damages

Feb 28, 2008 | Coverage & Claims, Extra-Contractual Liability, New York Developments | United States

In Bi-Economy v. Harleysville, 2008 N.Y. Slip Op. 01418 (Feb. 19, 2008), the New York Court of Appeals reversed summary judgment for an insurer and held that, under the factual circumstances presented and “in light of the nature and purpose of the insurance contract at issue,” the insured had stated a viable claim for consequential damages.

Panasia: New York High Court Permits Consequential Damages for Bad Faith Breach of Policy

Feb 28, 2008 | Coverage & Claims, Extra-Contractual Liability, New York Developments | United States

The New York Court of Appeals recently held that consequential damages are a permissible remedy for an insurer’s breach of the covenant of good faith and fair dealing.

Jurisdiction: United States

U.S. Government Chooses Not to Intervene in Hurricane Katrina Whistleblower Lawsuit but Reserves its Rights to Intervene at a Later Date

Federal Judge Rules That Policy Exclusion Severely Limits Port Authorities’ WTC Claims

Fifth Circuit Upholds Dismissal of Claims Against Insurance Agent based on Louisiana’s One-Year Statute of Limitations

Report from ABA TIPS Insurance Coverage Litigation Committee Mid-Year Meeting in Marina Del Rey, CA

Ohio Federal Court Judge Denies Motion to Compel Production of Information as to Other Claims and Security Breaches In Computer Hacking Case

Class Action Antitrust Suit Brought Against Title Insurers in NY Federal Court

Legislative Update — Michigan Gets Closer to Increasing Annual Fees Paid By Captives

Supreme Court Denies Appeal of Katrina Coverage Cases from Louisiana Federal Court

BI-Economy: New York’s Highest Court Sustains Insured’s Claim for Consequential Damages

Panasia: New York High Court Permits Consequential Damages for Bad Faith Breach of Policy

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