(California Court of Appeal) – In an insurance coverage action, arising out of a suit brought by a homeowner’s insurer against a contractor who installed a fireplace that caused a fire which destroyed the home, the trial court’s grant of summary judgment that contractor’s insurer…
By: David C. Borucke The business of insurance is insulated from the full weight of antitrust law under the McCarran-Ferguson Act (the “McCarran Act”).1 This statutory protection, however, may soon disappear. Multiple bills to repeal the McCarran Act are pending in the 114th Congress, with…
(United States Second Circuit) – In a suit between parties to a facultative reinsurance certificate differ as to which of two arbitration provisions govern the resolution of a dispute that has arisen between them, the District Court’s decision awarding declaratory judgment in favor of plaintiff,…
(United States Second Circuit) – In a criminal bail bond case appeal of the District Court’s conclusion that a bail bond agent could retain the premium paid to him by the defendants notwithstanding the fact that, following a bail sufficiency hearing conducted pursuant to section…
(California Court of Appeal) – In a suit brought by a disabled veteran alleging his life insurer breached the insurance contract by failing to pay him benefits for the full 109 days of his hospital stay and that the insurer breached the implied covenant of…
(United States First Circuit) – In a dispute between the Secretary of Health and Human Services and eight Maine hospitals, involving the ‘often surreal’ Medicare reimbursement regime and the system through which the federal government reimburses hospitals for charity care, so-called disproportionate share payments (DSH…
(United States Third Circuit) – In a contract-based dispute, the District Court’s denial of defendant’s motion to compel arbitration is reversed where: 1) plaintiff’s purported challenges to the arbitration agreement apply to the parties’ contract as a whole, rather than to the arbitration agreement alone;…
(California Court of Appeal) – In a negligence action arising out of a car collision, the trial court’s judgment in favor of uninsured plaintiff is affirmed where: 1) Howell v. Hamilton Meats & Provisions, Inc. (2011) does not cap a plaintiff’s damages to the amount…
(California Court of Appeal) – In an appeal of an order and judgment in favor of the People following forfeiture of surety-defendant’s bail bond under Penal Code section 1305 is affirmed over the surety’s contention that the court erred by denying its motion to vacate…
(United States Ninth Circuit) – In an action brought by a malpractice insurance company to recover defense fees and costs that it incurred in underlying litigation, the District Court’s judgment is: 1) reversed as to the summary judgment order denying recovery of fees; and 2)…
