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29 May 12:15 pm
In No. 08-640, Federal Insurance Co. v. Kingdom of Saudi
Arabia, the United States has filed a brief recommending that cert. be denied. The case arises out of the September 11 attacks and alleges, inter alia, that the Kingdom of Saudi Arabia,
the Saudi High Commission for Relief to Bosnia and Herzegovina, and four Saudi princes donated money to charitable organizations that they knew to be diverting funds to al Qaeda. The
petition asked the Court to review three questions ...
26 Feb 12:11 pm
It's another great day for the AIA. In this case, Federal Insurance brought a claim against Konstant
after Federal paid out over $300,000 to its insureds - a couple who had mold damage in their house. Konstant had a contract with the
home owners to design a home in Winnetka, Illinois. The contract ( ... damage in their home in November of 2002, well after the 1997 date of substantial completion. Federal paid under the home owners policy and was subrogated to their rights and in turn, ...
18 Aug 1:22 pm
... any carrier who tries to take on big Blue (or any other dominant health insurance carrier). So the idea that the 87% market share exists
because of lack of competition ... 'll abolish the post office and give people vouchers to send letters with Federal Express. I will give them
half credit on this one. Yes, shutting down the Post ... money in a confiscatory manner means advantage public plan. Frankly, the idea of a health insurance co-op is just a smoke screen. Truth is, the government really doesn't ...
17 Sep 10:06 am
Federal Insurance, the same result was attained by St. Paul. The court left open for additional
factual development ... of liability covered by the policy." Hamlin Inc. v. Hartford Accident & Indem. Co., 86 F.3d 93, 96 (7th Cir.1996)
(applying Wisconsin law ... impression through presentation of a product could be an advertising idea as the court noted. Indiana Ins. Co. v.
Super Natural Distributors, Inc., 2003 WI App. 244, 2003 ...
30 Apr, 2008 11:06 pm
... class action matter pending before Judge Snyder. (Negrete v. Allianz Life Insurance Co. (9th Cir.
Apr. 29, 2008) ___ F.3d ___.) ... the outset, it is important to note that the Anti-Injunction Act restriction is based upon considerations of federalism and speaks to a question
of high public policy. It is not a minor revetment to be easily overcome ... district court's to engage in jurisdictional wars over cases with other state and federal courts. And it really is Morton's Fork, and not Hobson's choice ...
27 Jun, 2007 1:27 pm
Safeco Insurance Co. of America v. Burr (U.S. S. Ct., June 4, 2007) The U.S. Supreme Court recently
made compliance with restrictions on ... Washington State. The Court clarified when notice of "adverse action" must be sent under federal law,
adopting a standard that is consistent with Washington law: credit history must be a determining ... other adverse or unfavorable change in the terms of coverage or amount of, any
insurance, existing or applied for." 15 U.S.C. 1681a(k)(1)(B)(i). The Supreme Court ...
30 Apr, 2008 6:00 am
In Negrete v. Allianz Life Insurance Co., ___ F.3d ___ (9th Cir. Apr. 29, 2008), the Ninth Circuit
invalidated a district court order that would have prohibited the defendant from settling similar ... it was then considering. Perhaps they will. But in this instance it was improper
for the district court to react by issuing an injunction against other federal and state court proceedings. Rather, the district court must
live with the vicissitudes and consequences of our elegantly messy federal system. ...
23 Feb, 2007 9:29 am
... were seriously injured while working for a company insured by Firemen's, against various corporations and firms alleged to have been responsible for the accident. Defendants
had removed the case to the federal district court on the basis ... subrogee" such as Firemen's should not be considered, but the judge
distinguished the 4th Circuit's Virginia Elec. & Power Co. case, in which, unlike the instant case, the insured rather than the
insurer/subrogee had initiated the case, and granted Firemen's ...
2 Jul, 2008 9:00 pm
Retaliation lawsuits have been on the rapid rise in the recent past. The Niswander v. Cincinnati Insurance Company decision from the Sixth
Circuit Court of Appeals demonstrates why both employees and employers should take care to hire only skilled employment lawyers to fight retaliation lawsuits. Retaliation lawsuits are
among the trickiest for employees and most dangerous for employers to fight. This one arose under Title VII's law against retaliation. Title VII is the federal law Read More...
7 Apr, 2008 3:51 pm
... a clear defense duty under the policy. See Ivan Insua v. Scottsdale Ins. Co., 104 Cal. App. 4th 737, 743 (2002) ("[The voluntary payment
provision] ... a key subsidiary who is sued along with it and whose conduct is at issue in the underlying action. The insurer's place of incorporation or principal place of
business where it issued the pertinent policy. The location ... dismiss potentially covered claims. Thus in Winklevoss Consultants, Inc. v. Federal Insurance Co., 11 F. Supp. 2d 995, 998-999 (N.D. ...
17 Sep 2:42 am
... consent to settle a Claim. Hilco Capital, LP, et al. v. Federal Insurance Co., No. 620, 2008 (Del. August 10, 2009). In 2003, Hilco ... (collectively "Hilco") sued Payless Cashways, Inc.'s officers and directors (the
"Insureds") alleging that the defendants misrepresented the value of Payless's inventory in connection with certain loans ... than settle the case for more than $10 million. All
parties agreed that Federal should not attend the mediation. At the mediation, Payless and Hilco agreed to have ...
15 Mar, 2007 1:46 pm
Federal Insurance Co v. HPSC, Inc., No. 06-1050. This is
one of those insurance coverage declaratory judgment actions, where the defendant and plaintiff get mixed up. There is something for everyone,
not just insurance ... the first move (as is customary) and brought a declaratory judgment seeking "rescission of the policy based on a
misrepresentation made by HPSC in its 2001 insurance renewal application." Keep reading. A great case. HPSC won at trial. They had a lot of
nice evidence, namely a PwC ...
2 Mar 7:51 am
... Sowell, brought a shareholder derivative suit against several directors and officers of one of the insured entities, DOUS, LLC. Mr. Sowell alleged, inter alia, that the
individual defendants had breached ... In so holding, the Court distinguished an earlier case decided by the Western District of Texas, Federal
Insurance Co. v. Infoglide Corp., 05-CV-189 (W.D. Tex July 18, 2006), which had interpreted a similar
Insured v. Insured exclusion. That court had held that "the proper construction of the ...
26 Aug, 2008 11:19 am
... an alleged bad faith denial of coverage. Oriental Financial Group, Inc. v. Federal Insurance
Co., Inc., C.A. No. 00-2035-JAG (August 1, 2008). Based upon its analysis of these issues, the court overruled several aspects of two juries'
verdicts ... breaching a contract, the aggrieved party may recover all damages that originate from the nonfulfillment of the obligation. The insurer argued that there was
insufficient evidence for the jury to have found that it acted in bad faith in denying ...
16 Aug, 2007 12:14 pm
... of the Insurance Act applied, and therefore dismissed the appeal. Here is the citation: Federated Insurance Co. of Canada v. ING Insurance Co. of Canada [2007] A.J. No. 762. Alberta Court of Appeal. C. Hunt, E. Picard and P. Martin JJ.A. July 11 ... Pilley. A vehicle for sale by consignment was
involved in an accident during a test drive. The Insurer for the vehicle dealership and the Insurer for the vehicle wholesaler disagreed as to which was to provide first
loss coverage. The wholesaler ...
11 Apr, 2008 10:57 am
... whose opinion in Baxter I discussed in my last post. This time, I turn to his decision from Wednesday in Federal Insurance Co. v. Arthur Andersen, which strikes right at the intersection of the two subject areas in the title of
... in these findings: first, that it is important to remember that, in buying fiduciary liability coverage, this is not the same thing as insuring the benefits owed to
pensioners themselves, and, second, that the exact scope of the coverage is narrow and limited by its exact ...
20 Jan, 2008 8:04 pm
... a go-kart was not an automoblie pursant to section 224(1) in Part VI of the Insurance Act, R.S.O., 1990, c I.8. Here is the case citation:
... was decided pursuant to the three-part test set out in Grummet v. Federation Insurance Co.
of Canada (1999), 46 O.R. (3d) 340 (S.C.J.): ... ordinary parlance nor specifically defined to be one under a policy will be an "automobile" if it is required to be insured under
a motor vehicle liability policy. The Motions Judge concluded that because it was possible for ...
17 Dec, 2008 9:21 am
CGL - OCP - ANTISUBROGATION RULE - PRIMARY TO EXCESS INSURER BAD FAITH Federal Ins. Co. v.
North Amer. Specialty Assur. Co. (Sup. Ct., New York Co ... This ignores the fact that CUIC, by
taking a position contrary to the antisubrogation doctrine, violated its duty to Federal. It is not required, as CUIC suggests, that its
failure to abide by its duty was directed by it. Nor is a defense ... . Hartford Acc. & Indem. Co. v Michigan Mut. Ins. Co., 93 AD2d 337, 341 (1st Dept 1983) , aff'd, 61 NY2d 569 ( ...
19 Aug, 2007 6:00 am
... do on the front end. You're not going to win." The more cash insurers can keep from premiums, the more they can invest. This pool of assets--most ... and $616,000 to
construct a new house after finding that Fidelity National Insurance Co. of Jacksonville, Florida,
had underpaid the couple by $183,000 when it offered them ... billion for storm damage in 2004 and '05, according to its annual report. The federal flood insurance program covers $800 billion of property nationally, which helped the industry ...
19 Aug, 2007 6:00 am
... do on the front end. You're not going to win." The more cash insurers can keep from premiums, the more they can invest. This pool of assets--most ... and $616,000 to
construct a new house after finding that Fidelity National Insurance Co. of Jacksonville, Florida,
had underpaid the couple by $183,000 when it offered them ... billion for storm damage in 2004 and '05, according to its annual report. The federal flood insurance program covers $800 billion of property nationally, which helped the industry ...
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