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Category Archives: Administrative Law

Association of California Insurance Companies v. Jones

(Supreme Court of California) – In an insurance case addressing the Insurance Commissioner’s 2011 regulation covering replacement cost estimates for homeowners insurance, Cal. Code Regs., tit. 10 section 2695.183, which addressed the divergence between homeowners’ expectations of insurance coverage and the actual scope of coverage…

Labertew v. Langemeier

(United States Ninth Circuit) – In a garnishment proceeding arising out of an insurance settlement and assignment, the district court’s judgment discharging insurers is vacated and remanded for further proceedings where: 1) the garnishment proceeding was removable, and the district court had jurisdiction; 2) there…

Chan Healthcare Group, PS v. Liberty Mut. Fire Ins. Co.

(United States Ninth Circuit) – In a consolidated appeal presenting an issue of first impression in the circuit, namely the scope of appellate jurisdiction to review a district court’s remand order in a class action case founded on federal question jurisdiction, the district court’s judgment…

Navigators Specialty Ins. Co. v. Moorefield Constr., Inc.

(California Court of Appeal) – In an action seeking a declaration that plaintiff had no duty under commercial general liability insurance policies to defend or indemnify a general contractor, the trial court judgment is: 1) affirmed where the failure at issue was not a covered…

Hagerty v. Cyberonics, Inc.

(United States First Circuit) – In a qui tam action alleging, among other things, that defendant violated the False Claims Act (FCA), 31 U.S.C. section 3729 et seq., and related state statutes, by promoting medically unnecessary replacements of batteries in nerve stimulator devices used to…

Global Reinsurance Corp. of America v. Century Indemnity Co.

(United States Second Circuit) – In an dispute involving the extent to which a reinsurance company is obligated to reinsure an indemnity company pursuant to certain reinsurance certificates, in which the district court granted summary judgment to the reinsurance company and declared that the dollar…

Sanders v. Phoenix Ins. Co.

(United States First Circuit) – In a diversity suit arising from the refusal of insurer-defendant to defend and/or indemnify its named insured, an attorney, against claims of a plaintiff suing in his capacities as executor of the estate of a woman with whom the attorney…

State Farm Fire & Casualty Co. v. US ex rel. Rigsby

(United States Supreme Court) – In a qui tam suit under the False Claims Act (FCA), 31 U. S. C. sections 3729-3730, filed under seal by former insurance claims adjuster-relators against insurer-defendant in the wake of Hurricane Katrina, claiming that defendant instructed relators and other…

Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA

(California Court of Appeal) – In a complex insurance coverage action involving multiple primary and excess insurers and policies, arising out of an injury that a worker sustained during a construction project, the trial court’s judgment is affirmed where it did not err when it…

Interstate Fire and Casualty v. Dimensions Assurance Ltd.

(United States Fourth Circuit) – In an insurance coverage dispute in an underlying medical malpractice action brought by a former patient against the hospital and several of its doctors and nurses, the district court’s grant of summary judgment to the hospital’s insurer is vacated and…

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