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Category Archives: Civil Procedure

Medina-Padilla v. US Aviation Underwriters, Inc.

(United States First Circuit) – In a suit bringing tort-based claims arising out of the same set of underlying facts alleged in an earlier contract action, which was dismissed the on the basis that the insurance policy did not provide coverage for contract claims, the…

Gobeille v. Liberty Mut. Ins. Co.

(United States Supreme Court) – In an action seeking a declaration that the Employee Retirement Income Security Act of 1974 (ERISA) pre-empts application of Vermont’s law requiring certain entities, including health insurers, to report payments relating to health care claims and other information relating to…

W.C. and A.N. Miller Development Co. v. Cont’l Cas. Co.

(United States Fourth Circuit) – In an insurance action arising after defendant denied coverage on plaintiff’s liability insurance policy, the district court’s grant of summary judgment to defendant is affirmed where plaintiff’s desired compensation was for an interrelated wrongful act arising from a 2006 lawsuit…

Cunningham v. M&T Bank Corp.

(United States Third Circuit) – In a putative class action brought by homeowners claiming to be victims of a captive reinsurance scheme, the district court’s grant of summary judgment to defendant is affirmed where plaintiffs’ claims were untimely under the Real Estate Settlement Procedures Act’s…

Ramara, Inc. v. Westfield Ins. Co.

(United States Third Circuit) – In an insurance action arising from defendant insurance company’s refusal to defend an injury & tort action brought by plaintiff’s employee, who sustained on-the-job injuries, the district court’s grant of partial summary judgment to plaintiff is affirmed where defendant has…

People ex rel. Gov. Employees Ins. Co. v. Cruz

(California Court of Appeal) – In a a qui tam action brought by GEICO asserting statutory and common law claims for damages and civil penalties against defendant arising from her alleged involvement in an insurance fraud conspiracy, the trial court’s granted of defendant’s motion to…

Selective Ins. Co. of Am. v. County of Rensselaer

(Court of Appeals of New York) – In an insurance action, in which defendant refused to pay plaintiff more than a single deductable payment following the defense of a class action and resulting settlement involving the county, the trial court’s grant of summary judgment to…

Haering v. Topa Insurance Co.

(California Court of Appeal) – In a case to determine whether an excess liability insurance policy that ‘follows form’ to an underlying primary policy that provides uninsured motorist/underinsured motorist (UM/UIM) coverage must also provide such coverage after the underlying policy limit has been exhausted, judgment…

Gladstone v. U.S. Bancorp.

(United States Ninth Circuit) – In a bankruptcy action, the district court’s order is affirmed where the debtor’s interests in the term life insurance policies, including their secondary market value and resulting life settlements, constitute a recoverable interest of the debtor in property under 11…

Vardanyan v. Amco Ins. Co.

(California Court of Appeal) – In an action alleging breach of an insurance contract and bad faith denial of coverage, the trial court’s grant of defendant’s motion for directed verdict is reversed and remanded for retrial of plaintiff’s causes of action alleging breach of contract…

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