(U.S. 7th Cir., Civil Procedure, Class Actions, Contracts, Insurance Law, Securities Law) A petition for permission to appeal, arising from the district court’s remand of plaintiff’s class action lawsuit against an insurer for breach of contract claims on the basis that CAFA’s exception to federal jurisdiction for the action applied, is dismissed for lack of [...]
(U.S. 2d Cir., ERISA, Health Law, Insurance Law, Labor & Employment Law) In an ERISA challenge to a union disability-benefits denial, dismissal of the complaint is reversed where: 1) a fund organized pursuant to 29 U.S.C. section 186(c)(5) is conflicted within the meaning of Metropolitan Life Insurance Company v. Glenn, 128 S. Ct. 2343 (2008); [...]
(U.S. Fed. Cir., Insurance Law, Intellectual Property, Patent) In a suit for patent infringement, related to computerized methods for administering variable annuity plans, district court’s denial of defendants’ motion for summary judgment as a matter of law that it does not infringe the claims at issue of the ‘201 patent is reversed and remanded where: [...]
(U.S. 2d Cir., Civil Procedure, Contracts, Dispute Resolution & Arbitration, Insurance Law) In an appeal from the district court’s order granting respondent’s Fed. R. Civ. P. 60(b)(2) motion based on newly discovered evidence that an arbitrator who had resigned was, in fact, able to rejoin the arbitration panel prior to the district court’s decision on [...]
(U.S. D.C. Cir., Bankruptcy Law, Contracts, Insurance Law, Transportation) In an interpleader action by an insurance company to determine its obligations to pay truckers hired by its bankrupt insured under a surety bond, summary judgment for plaintiff-insurer is affirmed where Form BMC 84, which governed such bonds, plainly stated that the face value of the [...]
(U.S. 7th Cir., Civil Procedure, Contracts, Health Law, Injury And Tort Law, Insurance Law, Professional Malpractice) District court’s order issuing a stay of federal proceedings in an insurer’s request for declaratory judgment, claiming that it no longer has a duty to defend or indemnify a doctor due to his disappearance in more than 350 medical [...]
(U.S. 7th Cir., Civil Procedure, Contracts, Health Law, Injury And Tort Law, Insurance Law, Professional Malpractice) District court’s order issuing a stay of federal proceedings in an insurer’s request for declaratory judgment, claiming that it no longer has a duty to defend or indemnify a doctor due to his disappearance in more than 350 medical [...]
(U.S. 7th Cir., Civil Procedure, Contracts, Health Law, Injury And Tort Law, Insurance Law, Professional Malpractice) District court’s order issuing a stay of federal proceedings in an insurer’s request for declaratory judgment, claiming that it no longer has a duty to defend or indemnify a doctor due to his disappearance in more than 350 medical [...]
(U.S. 7th Cir., Civil Procedure, Contracts, Health Law, Injury And Tort Law, Insurance Law, Professional Malpractice) District court’s order issuing a stay of federal proceedings in an insurer’s request for declaratory judgment, claiming that it no longer has a duty to defend or indemnify a doctor due to his disappearance in more than 350 medical [...]
(Cal., Contracts, Injury And Tort Law, Insurance Law) In a dispute over a homeowner’s insurance coverage, arising from plaintiff’s suit against a mother and her son for being sexually molested by the son in their home, the court rules that an exclusion of coverage for the intentional acts of “an insured,” read in conjunction with [...]