Mealey's Insurance Pleadings

  • September 01, 2026

    People Of California Say Insurers Willfully Violated Consumer Protection Laws

    LOS ANGELES — The people of California on Aug. 31 filed a civil enforcement action against insurers in a state court to address the insurers’ alleged “systematic, willful and widespread violations” of state consumer protection laws related to their advertising and sale of homeowners insurance policies and their handling of claims arising from the Jan. 7, 2025, Eaton and Palisades wildfires in Los Angeles County.

  • September 01, 2026

    Watchdog Group Appeals Ruling That Permitted FAIR Plan Assessment Pass-Through

    LOS ANGELES — A consumer research and advocacy organization appealed a California state court ruling denying its petition for a writ of mandate challenging Insurance Commissioner Ricardo Lara’s FAIR Plan assessment pass-through bulletins, which the court held did not violate a statute governing the allocation of writings, expenses, profits and losses among FAIR Plan member insurers because the statute does not regulate insurers’ subsequent financial dealings with policyholders.

  • August 31, 2026

    Bank Asserts Insurance Agency Failed To Timely Report Claim Arising From Data Breach

    NEW HAVEN, Conn. — A local bank and its insurance subsidiary sued an insurance agency in a Connecticut federal court, asserting that they have incurred hundreds of thousands of dollars in damages due to the agent’s failure to timely report a data breach claim to their cybersecurity insurance provider.

  • August 25, 2026

    Joint Status Report Reveals Disagreements In Row Over Award To Insolvent Insurer

    GREENSBORO, N.C. — On remand after the Fourth Circuit U.S. Court of Appeals’ reversal of the confirmation of an arbitral award in favor of insolvency practitioners for a Dutch insurer in liquidation while leaving open the enforcement of the Dutch judgment confirming the award, the parties filed a joint status report in North Carolina federal court disagreeing on the necessity of additional briefing.

  • August 25, 2026

    Insurer Files Suit, Says Coverage Barred For Underlying Mold Exposure Injury Suit

    LAS VEGAS — No coverage is owed for an underlying mold exposure personal injury suit filed by a tenant of the insureds because the policies at issue include a fungi or bacteria exclusion which applies as a bar to coverage, an insurer says in an Aug. 24 complaint filed in Nevada federal court.

  • August 24, 2026

    LIGA Files Answer, Defenses In Hurricane Coverage Dispute Involving Insolvent Insurer

    NEW ORLEANS — The Louisiana Insurance Guaranty Association (LIGA), which was substituted as a defendant after a homeowners insurer’s insolvency, filed its answer and defenses in a Hurricane Zeta coverage dispute, asserting in part that LIGA is responsible only for covered claims pursuant to the Louisiana Insurance Guaranty Association Law.

  • August 24, 2026

    7th Circuit Briefing Wraps Up In LTD Case Involving Notice Requirement

    CHICAGO — Initial briefing before the Seventh Circuit U.S. Court of Appeals has concluded in an appeal of a decision that upheld termination of long-term disability (LTD) benefits under a “regular care of a physician” requirement, with the insurer arguing that the claimant is seeking “to prevent the district court’s enforcement of the Plan terms” and the claimant countering that the insurer “offers no authority holding it can disclaim its way out of regulations and plan requirements for its communications, because none exists.”

  • August 21, 2026

    Reinsurance Broker, Insurance Exchange Stipulate Dismissal Of Brokerage Fee Case

    NEW YORK — A reinsurance broker and an insurance exchange on Aug. 20 stipulated to dismissal in a New York federal court of their case in which the exchange sued the broker over $101,646.20 in brokerage fees the broker deducted from claim payments held in a fiduciary account.

  • August 21, 2026

    Farmers Seek Confirmation Of $1.6M Award Against Crop Insurer, Agent

    LOUISVILLE, Ky. — A farm general partnership seeks confirmation of an arbitration award in Kentucky federal court after a crop insurer and agent failed to pay more than $1.6 million in indemnity and accrued interest stemming from the mishandling of the partnership’s request for an actuarial change, which left it without coverage when its canola crop sustained weather-related damage.

  • August 21, 2026

    Contractor Asks Court To Adopt Recommendation On Insurance Assignment Dispute

    WEST PALM BEACH, Fla. — A construction company filed a response to objections to the recommendation of a federal magistrate judge in Florida that the company’s breach of contract claim against an insurer should not be dismissed, arguing that the magistrate judge’s reasoning and analysis are sound and that the relevant Florida statute does not apply because the assignment of insurance benefits at issue clearly assigned the benefits to the construction company.

  • August 21, 2026

    Florida Homeowners Dismiss Hurricane Coverage Suit Against Guaranty Association

    SARASOTA, Fla. — After entering into a confidential settlement with the Florida Insurance Guaranty Association (FIGA), homeowners filed a notice of voluntary dismissal with prejudice in a Florida state court, stating that they were voluntarily dismissing with prejudice their breach of contract action against FIGA.

  • August 21, 2026

    Insurers Urge 9th Circuit To Affirm Construction Exclusion Ruling

    SAN FRANCISCO — Insurers argue that the Ninth Circuit U.S. Court of Appeals should affirm a lower court’s order granting their motion for summary judgment against a construction manager, contending that summary judgment was proper because the policy’s course of construction exclusion (COCE) precluded coverage for the construction manager’s liability in an underlying lawsuit.

  • August 21, 2026

    Insurer Asks Court To Adopt R&R Finding No Defense In Defective Pavers Dispute

    TAMPA, Fla. — An insurer asked a Florida federal court to adopt a magistrate judge’s recommendation that the insurer had no duty to defend a concrete paver manufacturer in an underlying dispute over defective pavers at an RV park, agreeing with the magistrate judge that the defective pavers did not cause physical injury to other tangible property.

  • August 21, 2026

    Insurers For Developer, Subcontractor Move To Dismiss Defects Coverage Suit

    NEW YORK — A developer’s insurer and a subcontractor’s insurer filed a stipulation to dismiss after reaching a settlement in a case brought by the developer’s insurer regarding coverage in an underlying case alleging that the subcontractor’s work may have contributed to water damage in a mixed-use building.

  • August 20, 2026

    Excess Insurer, Contractor Settle Coverage Dispute Over Construction Defect

    FRESNO, Calif. — An excess insurer and a general contractor filed a notice of settlement in federal court in California on Aug. 19, notifying the court that they have settled the insurer’s action against the general contractor for reimbursement of funds it paid to settle an underlying construction defect action.

  • August 20, 2026

    Homeowners Defend Desire To Amend AI Insurance Review Case

    CHICAGO — Plaintiffs in a federal court in Illinois defended a motion to amend their complaint alleging that their insurer’s use of artificial intelligence subjected minorities to additional scrutiny, saying discovery produced additional data supporting the allegations.

  • August 20, 2026

    Captive Reinsurer Seeks Intervention In $5M Reinsurance Default Suit

    LOS ANGELES — A captive reinsurer moved to intervene in a California federal court in an insurer’s breach of guaranty action against captive program members, arguing that the insurer’s recently filed motion for summary judgment would require the court to interpret their underlying reinsurance agreement, including how the reinsurer’s annual aggregate liability should be calculated and whether the insurer complied with its contractual good faith obligations.

  • August 19, 2026

    Homeowners File 2nd Amended Complaint After Demurrer Order In Antitrust Suit

    LOS ANGELES — A group of California homeowners filed a second amended complaint (SAC) in a California state court, narrowing their claims against a collection of insurers to Cartwright Act and unfair competition law (UCL) claims alleging that the insurers conspired to restrict conventional homeowners coverage and force policyholders into the California FAIR Plan, following an order that overruled the insurers’ joint demurrer to those claims but sustained with leave to amend some defendant-specific demurrers.

  • August 19, 2026

    Pharmacy Benefit Manager Disputes Reinsurer, Health Administrator Rebate Claims

    HOUSTON — A pharmacy benefit manager seeks a declaratory judgment in a Texas federal court after a reinsurer and third-party administrator (TPA) asserted competing claims to millions of dollars in prescription drug rebates, asking the court to declare that the rebates are not health plan assets and that neither defendant has a contractual, statutory or fiduciary right to their ownership or payment.

  • August 18, 2026

    Insurer Says Oregon High Court Should Review Allocation Ruling In Contamination Suit

    SALEM, Ore. — An appellate court incorrectly determined that statutory attorney fees should not be included in the allocation of coverage damages in a contribution coverage dispute between primary and excess insurers over environmental contamination costs incurred by the insureds, an insurer says in a petition asking the Oregon Supreme Court to review the appellate court’s ruling.

  • August 18, 2026

    Coverage Denial For New Contamination Claims Was Justified, Insurer Says

    SEATTLE — In a reply in support of a motion for summary judgment, an insurer maintains that its denial of coverage for an insured’s newly-tendered claim stemming from environmental contamination was consistent and justified based on a state trial court’s 2016 dismissal of similar claims.

  • August 18, 2026

    Captive Administrator Claims It Is Not A Party To $229K Reimbursement Suit

    BOSTON — In a dispute over $229,963 allegedly owed under a group captive insurance program, the program’s administrator seeks summary judgment in a Massachusetts federal court, asserting that it was not a party to the governing membership agreement, that the disputed funds were controlled elsewhere and that the alleged conduct took place outside Massachusetts.

  • August 18, 2026

    Cosmetic Company, Insurer Stipulate To Dismiss Consumer Fraud Coverage Dispute

    LOS ANGELES — A cosmetic company and its commercial general liability insurer filed a stipulation in a California federal court to dismiss with prejudice the insured’s action seeking coverage for three underlying putative class action lawsuits alleging that the company deceptively sold beauty products by failing to disclose the dangerous risks and side effects of lash enhancement serums’ “key ingredient.”

  • August 18, 2026

    Insurer Seeks To Dismiss Itself From Appeal In D&O Coverage Dispute

    BALTIMORE — Six days after directors and officers liability insurers told a Maryland federal court that they are appealing its denial of their request for prejudgment interest after it ruled in their favor in their lawsuit challenging coverage for underlying investigations against Under Armour Inc. by the U.S. Securities and Exchange Commission and the U.S. Department of Justice, shareholder demand letters and a securities class action, one of the insurers moved to dismiss itself from the appeal.

  • August 17, 2026

    Insurer Brings Counterclaims Against Reinsurer Over $31M Pollution Settlement

    CLEVELAND — Contending that its $31 million payment resolved liabilities covered by a reinsured policy, an insurer brought counterclaims for breach of contract, equitable subrogation and unjust enrichment in an Ohio federal court against a reinsurer seeking a declaration that it has no obligation under facultative reinsurance certificates to reimburse the payment, which arose from an environmental coverage dispute over remediation costs at a Kentucky aerospace manufacturing site.