CaseWatch Cases for August 31, 2009 Edition

Download Allstate Insurance Company v. Miller

Download Alta Bates Summit Medical Center v. United of Omaha Life Ins. Co.

Download American National v. York County

Download American Safety Indem. Co. v. 612 Realty, LLC

Download America's Recommended Mailers Inc. v. Maryland Casualty Co.

Download AT&T v. Certain Underwriters at Lloyd's

Download City of Ilwaco v. Affiliated FM Ins. Co

Download Colon v. US Liability Ins. Group

Download Colony Ins. Co. v. Georgia Pacific, LLC

Download Colony Ins. Co. v. Pearl River Basin Land & Development

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Cases Cited in Goldberg Segalla’s Reinsurance Review – August 2009 Edition

Eighth Circuit Decision - Download Donaldson.v.Burroughs 

Third Circuit Decision - Download Nationwide.v.George.V.Hamilton

Eastern District of Pennsylvania Decision- Download United.National.Ins.Co.v.Aon

Southern District of New York Decisions - Download AIU.v.TIG; Download In.the.Matter.of.the.Petition.of Insurance Company.of.North.America

Middle District of Georgia Decisions - Download International.Fidelity.v.BMC

United Kingdom Decisions –Download Lexington v agf lexington; Download Doronch.v.Westminster

Recent Filing of Interest – Download McGrath.v.American Re-Insurance

For more information, please contact Jeffrey Kingsley at [email protected]

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District Court Adds Prejudgment Interest in the Amount of $8.3 Million to Cedent’s Award in Reinsurance/Broker Dispute

United National Ins. Co. v. Aon, Ltd. (E.D.P.A., July 24, 2009)

A federal court judge in the Eastern District of Pennsylvania tacked on an additional $8.3 million in prejudgment interest against a broker in action brought as a result of recession of a reinsurance policy.  In 1999, after claims exceed the income generated by the premiums, the reinsurer sought to rescind its policies reinsuring policies issued by the insured for building contractors.  In an arbitration proceeding, the reinsurer argued the insurer and/or broker had mislead it entering into
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Insurance Legislative Update for All 50 States

Legislation

Alabama

Senate Bill 5

(Introduced May 26, 2009; Last Action May 26, 2009)

This bill prohibits the application of a hurricane deductible for property damage in insurance policies unless the damage arose from a named hurricane or tropical storm.  It requires personal lines insurance policies offering a percentage deductible for the peril of winds and hail to offer a voluntary buy‑back provision and provides penalties for violations.

California

Senate Bill 119

(Introduced February 2, 2009; Last Action May 28, 2009)

This bill extends

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Courts are getting up to speed quickly on Electronically Stored Information (ESI) maintained by insurance companies

R & R Sails Inc. d/b/a Hobie Cat Co. v. Insurance Company of Pennsylvania, 251 F.R.D. 520 (S.D. Cal. 2008)    

A fire destroyed the plaintiff’s manufacturing plant in Australia. The manufacturer sought in discovery “electronic or handwritten daily activity records/logs which are generally kept with an adjuster’s notes and telephone call records.” At a discovery hearing, the insurer's counsel maintained that “no daily logs or telephone records had been produced to Plaintiff because no daily logs or telephone records were maintained by Defendant’s insurance adjusters.” In response, “[t]he Court expressed skepticism about

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District Court Rejects Reinsurers’ Request to Change Venue

TIG Insurance Co. v. Century Indemnity Co. et al

(Southern District of New York, June 4, 2009)

 

Philadelphia-based reinsurers submitted a motion to change the venue of a reinsurance dispute from the Southern District of New York to the Eastern District of Pennsylvania.  The reinsurers argued that pursuant to 28 U.S.C. §1404(a) Philadelphia would be a more convenient forum for themselves and for party and non-party witnesses.  Moreover, they argued that the locus of operative facts is in Philadelphia where the reinsurance

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Recent Insurance Related Legislation

California Senate Bill 119

(Introduced Feb. 2, 2009, Last Action May 5, 2009)

This bill deletes the expiration date for existing law that prohibits the bringing of an action for statements made in bad faith against an insurer issuing professional liability insurance policies to health care providers unless the statement was made under a specified circumstance.

Connecticut Senate Bill 212

(Introduced Jan. 21, 2009, Last Action May 5, 2009)

This bill prohibits the cancellation fee for certain automobile liability insurance policyholders.

Connecticut Senate Bill 961

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