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Nov 14, 2023

Default judgment entered in interpleader suit

Where an insurer filed an interpleader suit over more than $114,000 in disputed life insurance proceeds, and one of the defendants failed to respond to the complaint despite being properly served, default judgment was entered against the nonresponding defendant. Background Minnesota Life Insurance Company filed this interpleader action because of a dispute over life insurance […]

Nov 14, 2023

Reimbursement of fees, expenses denied

Where an insurer filed an interpleader action over disputed life insurance proceeds, its motion seeking reimbursement of its costs and expenses was denied because they were incurred in the ordinary course of business. Background Pending before the court in this interpleader action is a motion filed by plaintiff Minnesota Life Insurance Company. Plaintiff requests that […]

Real estate development site
Nov 6, 2023

Unmarketable title case headed to jury

Robust litigation will proceed to a jury trial on damages in December after the Eastern District of Virginia found a title insurer was liable for breaching its policy by denying a landowner’s claim that unclear property descriptions created an unmarketable title and stymied a sale.

Pin dropped on map of Michigan - Deposit Photos
Oct 30, 2023

Mutual insurance company is ‘corporation’ for diversity

The Eastern District of Virginia has found that a mutual insurance company was a Michigan corporation and refused to remand the case after the insured plaintiff argued that his membership in the company destroyed diversity jurisdiction.

Oct 23, 2023

Title insurer liable for covered loss

Where an insured alleged an insurer breached the title policy by failing to pay for covered losses, and at least one of the “Covered Risks” was triggered by the underlying facts and not precluded by an exclusion, the insured’s motion for summary judgment was granted. Background This is a breach of contract case arising from […]

Oct 23, 2023

Mutual company is ‘corporation’ for diversity

Where an insured argued the defendant was a mutual company of which he is a member, thus destroying diversity jurisdiction and requiring remand of the removed case to state court, his argument was rejected. The defendant was a corporation for purposes of determining diversity of citizenship. Background 110 South Perry LLC operates a residential building […]

Oct 23, 2023

Homeowners’ bad faith claim is dismissed

Where homeowners alleged that their insurance carrier acted in bad faith in denying a claim, but they failed to provide any information as to what common law duty arose outside of the contractual obligations of the parties, this claim was dismissed. Background Liberty Insurance Corporation issued a homeowners insurance contract to Nannie and Preston Talley. […]

Pressing button to call elevator
Oct 8, 2023

Landlord’s insurer can’t recover from building tenant

A bank tenant saw its motion to dismiss an indemnification claim granted by a federal court after it determined the tenant was not liable for elevator maintenance in the building.

Oct 3, 2023

Court dismisses coverage suit over wrongful death

Where an insurance carrier sought a declaratory judgment that it owed no duty in connection with a wrongful death suit pending in the circuit court, but overlapping issues of fact or law might create unnecessary “entanglement” between the state and federal courts, the suit was dismissed. Background This case arises from a dispute over insurance […]

Sep 25, 2023

Untimely lawsuit allowed to proceed

Where a company failed to file a lawsuit against its carrier within the statute of limitations, but it alleged that it would have filed suit earlier if not for the intentional misrepresentation of the carrier’s agent, it set forth sufficient factual allegations to support equitable estoppel. Background On Nov. 9, 2022, Entrepraneur [sic] Dream Team […]

Sep 7, 2023

Parties realigned in coverage dispute

Where a man sued various defendants for personal injuries he allegedly suffered in an accident, the insurance carrier maintained it had no duty to defend or indemnify the defendants, and the man commenced this coverage action, the defendants were realigned as plaintiffs because they all would benefit from a finding that the carrier has an […]

Sep 7, 2023

Carriers dodge claims by disgruntled insured

Where a man alleged his automobile insurance carriers acted with ill-intent in refusing to settle an insurance claim for the full cost of the repairs to his vehicle, but his fraud, negligence and bad faith claims failed as a matter of law, the suit was dismissed. Background Edward M. Call, who was in a collision […]

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