(Cal. App., Class Actions, Contracts, Injury And Tort Law, Insurance Law) In plaintiff’s suit against her automobile insurance carrier, alleging that the insurer breached the policy by offsetting uninsured motorist payments due her for injuries suffered in an automobile accident with the amount the insurer paid plaintiff under the medical expense coverage in the same [...]
(U.S. 2d Cir., Banking Law, Civil Procedure, Constitutional Law, Government Law, Insurance Law, International Law, Judgment Enforcement) In proceedings involving efforts to collect on a default judgment against Iran and in favor of the family of an individual severely injured in a 1996 suicide bombing in Jerusalem, an order granting plaintiff’s motion for appointment of [...]
(Cal. App., Contracts, Insurance Law) In an insured’s petition for a writ of mandate challenging a pretrial order that decided three stipulated legal questions concerning the scope of the duty to defend under a liability insurance policy, the petition is granted where: 1) the umbrella coverage was primary coverage and the existence of a duty [...]
(U.S. 9th Cir., Contracts, Dispute Resolution & Arbitration, Ethics & Professional Responsibility, Health Law, Insurance Law, Labor & Employment Law) In plaintiff’s appeal from the district court’s court vacating an arbitral award on the ground of its excessive size and vacating a punitive damages award on the additional ground that the arbitration panel lacked jurisdiction [...]
(U.S. 3d Cir., Construction, Contracts, Insurance Law) In plaintiffs’ action against its insurer, seeking declaratory relief that the insurer had a duty to defend and indemnify plaintiffs in an underlying action, district court’s grant of summary judgment in favor of the insurer is affirmed where: 1) Pennsylvania has a far greater interest in having the [...]
(U.S. 2d Cir., Banking Law, Contracts, Government Law, Insurance Law) In an action for breach of an insurance contract, summary judgment for defendant is affirmed where the district court erred in ruling that the fidelity bond at issue was not an “asset” under 12 U.S.C. section 1823(e), but to honor the FDIC’s position and allow [...]
(U.S. 2d Cir., Banking Law, Contracts, Government Law, Insurance Law) In an action for breach of an insurance contract, summary judgment for defendant is affirmed where the district court erred in ruling that the fidelity bond at issue was not an “asset” under 12 U.S.C. section 1823(e), but to honor the FDIC’s position and allow [...]
(U.S. 6th Cir., Bankruptcy Law, Insurance Law, Workers’ Compensation) In Chapter 11 proceedings, district court’s affirmance of the bankruptcy court’s decision disallowing an insurer’s petition for administrative expenses, on the ground that the claim was not “actual” and did not benefit the estate, is affirmed as pursuant to In re HNRC Dissolution Co., 371 B.R. [...]
(Del., Contracts, Insurance Law) In an action against an insurer seeking coverage for underlying litigation involving defects in a product for use in polybutylene plumbing systems, partial judgment for both parties is affirmed in part where 1) plaintiff’s production of an unsuitable product triggered only one single occurrence under the policies; and 2) the motion [...]
(N.Y., Construction, Contracts, Injury And Tort Law, Insurance Law, Labor & Employment Law) In an action by an insurer seeking a declaratory judgment that the general contractor on a construction project was not entitled to coverage for injuries sustained by an employee of the subcontractor, judgment for defendants is affirmed where the employee’s injuries arose [...]