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July 15, 2025
NEW ORLEANS — A Louisiana federal judge granted separate motions filed by a former shipbuilder and by the purported insurer for the shipbuilder’s prior executive officers seeking summary judgment in a mesothelioma patient’s asbestos liability suit against numerous parties, including a now-insolvent insurer, finding that the unopposed motions and the record establish “that there is no genuine issue as to any material fact.”
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July 11, 2025
NEWARK, N.J. — A New Jersey federal judge dismissed with prejudice a suit against the New Jersey Property-Liability Insurance Guaranty Association (NJPLIGA) and other parties filed by a pedestrian who claims that she was hit and injured as a result of a police chase that allegedly violated “all standard . . . procedures.”
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July 09, 2025
DAYTONA BEACH, Fla. — A split Florida state appellate court panel affirmed a lower court’s dismissal of a homeowners’ breach of contract suit against her now-insolvent homeowners insurer, finding that the homeowner cannot prevail in her assertion that the lower court erred in looking at a presuit notice that was not included in the complaint when her argument against dismissal referenced the notice and her compliance with its statutory requirements.
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July 03, 2025
DENVER — In a matter “of first impression,” involving an insolvent insurer and risk adjustment charges under the Patient Protection and Affordable Care Act (ACA) regarding whether Colorado law is preempted by federal statutes, a Colorado federal judge denied the Colorado insurance commissioner’s motion to remand the case to state court and granted the U.S. government’s motion to set aside an order granting the commissioner’s motion to disburse funds, finding that Colorado law is preempted by the ACA and the Federal Priority Statute.
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July 01, 2025
SAN FRANCISCO — In an unpublished opinion, the First District California Court of Appeal upheld a nonconsensual rehabilitation plan for a workers’ compensation insurance carrier; the plan was approved as part of conservation proceedings brought by California’s insurance regulator and includes options to resolve dozens of reinsurance participation agreement (RPA) lawsuits.
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June 27, 2025
LOS ANGELES — A California judge granted an insured’s motion for summary adjudication as to his declaratory relief claim in a lawsuit alleging that the California Fair Plan Association (CFP) issued property insurance policies with fire coverage that is unlawfully restrictive as to smoke damage claims but denied the insured’s motion as to his unfair competition law (UCL) claim, finding that he failed to satisfy his burden to establish standing to bring the UCL claim.
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June 26, 2025
WASHINGTON, D.C. — The U.S. Supreme Court denied a petition for a writ of certiorari filed by the state-created Pennsylvania Professional Liability Joint Underwriting Association (JUA), which provides insurance to health care providers, including those previously insured by insurers in liquidation, seeking review of a Third Circuit U.S. Court of Appeals holding that the JUA does not have constitutional rights to challenge the constitutionality of Pennsylvania laws due to JUA’s nature as a public entity instead of a private one.
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June 24, 2025
By Debra J. Hall and Robert M. Hall
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June 19, 2025
NEW ORLEANS — In a subject matter jurisdiction sua sponte review, a Louisiana federal judge dismissed a water damage coverage dispute between homeowners and a roofing company, finding that “this case must be dismissed in its entirety” due to a previous dismissal order for lack of subject matter jurisdiction upon a now-insolvent insurer’s dismissal from the suit.
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June 18, 2025
ALBUQUERQUE, N.M. — A New Mexico appeals court affirmed a lower court’s summary judgment ruling that a cyber insurance policy covered an underlying third-party claim seeking payment for invoices that a now insolvent health insurer mistakenly wired to a fraudulent bank account, finding that the policy term “for a security breach” is ambiguous and must be construed in favor of the insured and the “loss of money” policy exclusions do not apply.
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June 16, 2025
DAYTONA BEACH, Fla. — A Florida appellate court on June 13 reversed and remanded a lower court’s ruling granting summary judgment to a homeowner in her dispute with the Florida Insurance Guaranty Association (FIGA) over coverage for fire damage, finding that material issues of fact remain regarding whether the homeowner’s husband, another insured under the policy, violated a policy provision regarding fraud.
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June 13, 2025
OMAHA, Neb. — A Nebraska federal judge ruled that adherence to New York law precludes a reinsurer’s breach of warranty defense in National Indemnity Co.’s (NICO) suit to enforce its reinsurers’ obligations for incurred liabilities related to asbestos exposure; the judge also resolved seven additional motions pertaining to claims for novation and various coverage disputes, among others.
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June 13, 2025
NEW ORLEANS — A split Louisiana appellate court reversed and remanded a lower court’s ruling granting summary judgment to an insurer and to the Louisiana Insurance Guaranty Association (LIGA) but denying a motion for partial summary judgment filed by family members in a dispute over their deceased relative’s death purportedly from asbestos exposure, finding that issues of fact remain regarding the failure of the insurer and LIGA to show the applicability of a certain policy exclusion to bar coverage.
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June 12, 2025
LOS ANGELES — A California state judge issued a minute order granting a motion filed by a rehabilitation facility’s receiver to approve a final accounting and close the facility’s receivership in a suit against the facility and related parties by a now-insolvent insurer for the facility’s alleged default on its debt to the insurer, finding the receiver’s requests “reasonable.”
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June 12, 2025
WILMINGTON, Del. — The receiver for the liquidation of life and health reinsurer Scottish Re (U.S.) Inc. (SRUS) asked the Delaware Chancery Court to approve a settlement resolving a dispute with its third-party administrator (TPA), which had sought to terminate its service agreement with SRUS.
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June 10, 2025
TRENTON, N.J. — Excess and primary insurers filed a declaratory judgment suit in New Jersey federal court, seeking a declaration that there is no coverage in underlying litigation and arbitration proceedings involving a now-insolvent insurer due to certain policy exclusions, including an exclusion related to insolvency and receivership.
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June 05, 2025
FORT LAUDERDALE, Fla. — The Florida Insurance Guaranty Association (FIGA) filed a notice of settlement in a Florida state court, asking the court to strike pending matters in a water damage dispute FIGA says it settled with a homeowner who sued it as the purported statutory guarantor for his now-insolvent homeowners insurer, United Property & Casualty Insurance Co.
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June 05, 2025
WATERBURY, Conn. — Following oral arguments, a Connecticut judge clarified the interpretation of debt under the Connecticut Insurers Rehabilitation and Liquidation Act (CIRLA), opining that the argument advanced by three asset managers — that premiums owed on their life insurance policies issued by PHL Variable Insurance Co., currently in rehabilitation, constitutes debt — conflicts with binding precedent established by a long-standing ruling.
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June 04, 2025
WASHINGTON, D.C. — A federal judge issued an order granting objecting members of nondispute subclasses’ motion to amend a judgment to include prejudgment interest in a risk-corridor payment class action dispute under the Patient Protection and Affordable Care Act (ACA), finding that the equitable award should be based upon the common fund escrow account rate.
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June 03, 2025
SALT LAKE CITY — A lawsuit in which Utah Insurance Commissioner Jonathan T. Pike sought to have Sentinel Security Life Insurance Co., Haymarket Insurance Co. and Jazz Reinsurance Co. placed into rehabilitation has been dismissed without prejudice, text-only entries in the Utah state court docket show.
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June 03, 2025
CINCINNATI — An Ohio federal court issued a docket-only entry advising parties to appear for a settlement conference in a liquidating trustee’s breach of contract suit against an insurer for failure to pay the full amount owed on a life insurance policy.
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May 30, 2025
CHARLOTTE, N.C. — Insurance magnate Greg Lindberg filed under seal objections to a presentence investigation report after he pleaded guilty to money laundering conspiracy and conspiracy regarding his $2 billion scheme to defraud insurers and policyholders by funneling money through his extensive global network of insurance companies and was convicted on retrial in a related criminal proceeding.
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May 27, 2025
NEW YORK — Urging a New York federal court to deny a contempt motion in litigation over fraud and racketeering allegations that involve the parent company of Bermuda reinsurer 777 Re Ltd., parties who are the focus of that motion are arguing in part that the movants “made no attempt to block the transactions — because neither violates” a preliminary injunction (PI) order.
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May 23, 2025
LAKE CHARLES, La. — A Louisiana appeals panel denied insureds’ application for supervisory review of a lower court’s interlocutory judgment that denied their motion for summary judgment to enforce appraisal amounts in a coverage dispute over hurricanes Laura and Delta damage and vacated the lower court’s grant of Louisiana Insurance Guaranty Association’s motion for partial summary judgment.
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May 22, 2025
NEW ORLEANS — A Louisiana federal judge dismissed without prejudice a suit against a roofing company in a dispute with homeowners and their insurer, finding that the court no longer has subject matter jurisdiction after the now-insolvent insurer, a citizen of Florida, was previously dismissed from the suit.