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.
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Coverage & Claims
Federal Judge Rules That Policy Exclusion Severely Limits Port Authorities’ WTC Claims
By Troutman Pepper Locke on
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.
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Fifth Circuit Upholds Dismissal of Claims Against Insurance Agent based on Louisiana’s One-Year Statute of Limitations
By Troutman Pepper Locke on
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. …
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Report from ABA TIPS Insurance Coverage Litigation Committee Mid-Year Meeting in Marina Del Rey, CA
By Troutman Pepper Locke on
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
By Troutman Pepper Locke on
Posted in 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.
Supreme Court Denies Appeal of Katrina Coverage Cases from Louisiana Federal Court
By Troutman Pepper Locke on
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.
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BI-Economy: New York’s Highest Court Sustains Insured’s Claim for Consequential Damages
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. …
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Panasia: New York High Court Permits Consequential Damages for Bad Faith Breach of Policy
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. …
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Current Issues in D&O and E&O Coverage Investigations: S.D.N.Y. Holds that Credit Suisse Waived Work Product Privilege by Disclosing Internal Investigation Memoranda to the Government
By Troutman Pepper Locke on
If outside counsel for a company drafts factual memoranda concerning an internal investigation conducted in response to alleged wrongdoing, and then voluntarily shares the memoranda at the company’s direction with government investigators, has the company waived the work product privilege? According to a recent decision from a federal district court in New York, the answer is yes.
Federal Court Confirms Arbitration Award, Finding that Arbitrator did not Exceed His Powers in Amending a Portion of a Prior Award Regarding a Reinsurer’s Liability for Payments Made by its Cedent
The United States District Court for the Southern District of New York recently held that an arbitrator was not precluded by the doctrine of functus officio from modifying his findings regarding a prior award in a dispute between parties, since that award did not resolve the question of damages related to a particular issue and thus was not “final.”