Insurance Claims And Issues


The latest articles and news from Insurance Claims And Issues

  • COVERAGE FOR LOAN SERVICING?  COVERAGE FOR, WHAT, EXACTLY? April 23, 2018 10:02 am
    Apparently there is some form of insurance policy or policies that may provide coverage to loan servicers and originators accused of FHA mortgage practices that violate the False Claims Act. See First Horizon Nat'l Corp. v. Houston Cas. Co., 15-cv-2235-SHL-dkv,...
    Dennis J. Wall, Attorney At Law, a P.A.
  • MONDAY IN FEDERAL COURT IN NEW YORK, PUBLIC ACCESS WON. April 18, 2018 10:19 am
    Robert Balin could not have known for sure that he would make the winning argument at a hearing in a case where he did not represent anybody. He attended the hearing only because he was interested in what went on...
    Dennis J. Wall, Attorney At Law, a P.A.
  • SOMETIMES BLACKED OUT DOCUMENTS ARE ACTUALLY COMPLETE, RIGHT? April 16, 2018 9:39 am
    In Squire v. Government Employees Insurance Co., No. 2012 CA 030975, 2017 WL 6766571 (Fla. Cir. Ct. of the 11th Judicial Circuit, in and for Miami-Dade County, Florida, Defendant's Bench Brief, September 29, 2017), the defendant wrote a bench brief...
    Dennis J. Wall, Attorney At Law, a P.A.
  • AFFIRMATIVE COVERAGE DEFENSES "EVERYBODY KNOWS," LIKE PIPES FREEZE IN INDIANA. April 11, 2018 10:06 am
    In Manago v. Auto-Owners Ins. Co., No.:2:16-CV-267-RL-JEM, 2018 WL 1704465 (N.D. Ind. April 9, 2018) (Martin, USMJ), the plaintiff policyholder filed a motion to strike certain affirmative defenses raised by her first-party insurance carrier. The plaintiff claimed coverage and also...
    Dennis J. Wall, Attorney At Law, a P.A.
  • COVERAGE FOR NATIONAL GUARD "JUST FOLLOWING ORDERS" VERSUS UNDOCUMENTED IMMIGRANTS? April 9, 2018 9:14 am
    After 9:00 at night, the Administration issued a Memo dated Tuesday, April 4, 2018, "SUBJECT: Securing the Southern Border of the United States." I had a hard time finding it. Eventually I found it the other day on Jurist, a...
    Dennis J. Wall, Attorney At Law, a P.A.
  • IF A TREE FALLS IN PENNSYLVANIA, SECOND OPINION FINAL WORD? April 4, 2018 11:30 am
    In Todd Aaron, M.D. v. State Farm Fire & Cas. Co., No. 17-2606, 2018 WL 1565617 (E.D. Pa. March 30, 2018), a tree fell on the policyholder's house. The Court did not report any dispute over coverage. The policyholder, Dr....
    Dennis J. Wall, Attorney At Law, a P.A.
  • COVERAGE FOR LIBEL AND SLANDER OF JAMES COMEY?  ANDREW McCABE? April 2, 2018 9:36 am
    James Comey was terminated before his term was up as the Director of the FBI. Andrew McCabe was terminated just before his birthday and with no other apparent reason for the timing than to try to deny him his pension....
    Dennis J. Wall, Attorney At Law, a P.A.
  • ALL RISKS LAW IN JURY INSTRUCTIONS GOOD EVERYWHERE FROM FLORIDA COURT. March 28, 2018 1:21 pm
    An important thing to remember about "all risks" coverage of any kind is that the party claiming that coverage does not have to prove the specific peril that caused its loss. The all risks coverage claimant's burden of proof including...
    Dennis J. Wall, Attorney At Law, a P.A.
  • IF SECRETARY JAMES MATTIS FOLLOWED AN UNLAWFUL ORDER:  DEFENSES TO COVERAGE? March 26, 2018 9:54 am
    Suppose Secretary of Defense James Mattis was given an unlawful order? Other names for unlawful orders include "illegal orders" and "unjust orders". When I was growing up, the standard question was whether a German soldier who was given an unlawful...
    Dennis J. Wall, Attorney At Law, a P.A.
  • OPEN THE EVIDENCE ENVELOPE, PLEASE. March 19, 2018 1:27 pm
    In an Amended Order in Multidistrict Litigation against pharmaceutical manufacturers, one judge unintentionally perhaps highlighted the need for disclosure, not concealment, of evidence. Insurance coverage questions may become difficult if not impossible to decide if this pattern continues. The Amended...
    Dennis J. Wall, Attorney At Law, a P.A.
  • ARE LOSSES FROM CLIMATE CHANGE "FORTUITOUS"? March 14, 2018 12:55 pm
    Insurance carriers have denied claims and are facing more claims for losses "related to accelerating climate-related disasters, such as California's fires last fall, and lawsuits that target fossil fuel companies as some of the world's largest greenhouse-gas emitters." Reportedly, not...
    Dennis J. Wall, Attorney At Law, a P.A.
  • DOCTOR, DOCTOR!  HEALTH INSURANCE CLAIMS DURING GRACE PERIOD HELD COVERED. March 7, 2018 10:20 am
    In Pelliccia v. Anthem Ins. Cos., 90 N.E.3d 1226 (Ind. Ct. App. 2018), the policyholder is a doctor. He made a claim for health insurance benefits himself under his own health insurance policy. His carrier countered that it was retroactively...
    Dennis J. Wall, Attorney At Law, a P.A.
  • HARD INSURANCE COVERAGE CASES MAKE BAD LAW. February 28, 2018 11:18 am
    I say to you again: Hard insurance coverage cases make bad law. The litigation history of Social Security Old-Age Insurance is a good example. The one and only time so far that "old age benefits" came before the Court was...
    Dennis J. Wall, Attorney At Law, a P.A.
  • EXPERTS ON ICE:  EMPLOYMENT ALONE NOT IN THE STRIKE ZONE. February 19, 2018 11:05 am
    In Roy v. County of Los Angeles, No. CV 12-09012-AB (FFMx), 2018 WL 914773 (C.D. Cal. February 7, 2018), Immigration and Customs Enforcement ("ICE") and several of its officials are the defendants in the Gonzalez Action, hence, the Court refers...
    Dennis J. Wall, Attorney At Law, a P.A.
  • "REDACTED!"  SO, THE EXPERTS TESTIFIED [REDACTED]. February 12, 2018 1:34 pm
    In Waldrup v. Countrywide Financial Corp., Case Nos. 2:13-cv-08833-CAS (AGRx) and 2:16-cv-04166-CAS (AGRx), 2018 WL 799156 (C.D. Cal. February 6, 2018) (Snyder, USMJ), a ruling partially reported in [REDACTED] CIVIL MINUTES - GENERAL, even the experts' reports were redacted, meaning...
    Dennis J. Wall, Attorney At Law, a P.A.
  • IT IS THE POLICY NOT TO SEAL OR REDACT. February 5, 2018 10:35 am
    In this dec action revolving around insurance coverage issues, the plaintiff insurance company suing for a declaration of no coverage under a homeowner's policy, stipulated with the defendants-policyholders to stay the proceedings and to seal the part of the insurance...
    Dennis J. Wall, Attorney At Law, a P.A.
  • GRANTING A MOTION TO UNSEAL A STIPULATED BLANKET PROTECTIVE ORDER. January 29, 2018 2:52 pm
    In In Re Syngenta Actions (Poletti v. Syngenta AG), No. 3:15-cv-01221-DRH, 2018 WL 309837 (S.D. Ill. January 5, 2018), the Court granted a motion by Syngenta to unseal three sets of documents because, Syngenta contended and the Court agreed, they...
    Dennis J. Wall, Attorney At Law, a P.A.
  • FLORIDA PLAINTIFF'S MOTION TO REDACT AND SEAL OWN COMPLAINT, DENIED. January 22, 2018 2:57 pm
    In MSP Recovery Claims, Series LLC v. Ace American Ins. Co., No. 17-23749-CIV-SEITZ, 2017 WL 6622648 (S.D. Fla. December 22, 2017), the Court was confronted with a plaintiff's motion effectively to redact and seal its own complaint. The plaintiff was...
    Dennis J. Wall, Attorney At Law, a P.A.
  • FILED RATE DOCTRINE AND ... UIM CLAIMS? January 17, 2018 10:35 am
    I have written about the possibility, even likelihood, that the "filed rate doctrine" defense will be raised in what might be called "standard" insurance cases. Well, now it has happened. Ms. Helen Bhasker brought a lawsuit against Kemper Casualty Insurance...
    Dennis J. Wall, Attorney At Law, a P.A.
  • DOCUMENTS UNSEALED IN FACE OF PRESUMPTION OF PUBLIC ACCESS. January 15, 2018 11:04 am
    Dr. Martin Luther King Jr. was born on this date in 1929. It is a Federal Holiday! The following sealed documents were at issue. The same kinds of documents are frequently sealed in the court files of insurance coverage and...
    Dennis J. Wall, Attorney At Law, a P.A.
  • P.P.S. TO P.S. SENATOR DIANNE FEINSTEIN AND THE TRUTH SHALL MAKE YOU FREE! January 14, 2018 1:55 am
    This is a post-postscript to the article posted here on Wednesday, January 10, 2018. Here is a link to Seth Meyers Late Night show featuring The Ballad of "Sneaky Dianne". Enjoy! Please Read The Disclaimer. ©2017 by Dennis J. Wall....
    Dennis J. Wall, Attorney At Law, a P.A.
  • WHAT DO COURTS DO WHEN THE EVIDENCE IS BLACKED OUT? January 12, 2018 9:43 pm
    There are even times when judges say that the record does not show WHO redacted the evidence or WHY. The case of Sepulveda-Rodriguez v. Metlife Grp., Inc., No. 8:16CV507, 2017 WL 6628116, at *1 (D. Nebr. December 28, 2017) involved...
    Dennis J. Wall, Attorney At Law, a P.A.
  • P.S. AND THE TRUTH SHALL MAKE YOU FREE. January 10, 2018 8:44 pm
    In a postscript to an article on Insurance Claims and Bad Faith Law Blog posted yesterday, Tuesday, January 9, 2018, I reported something that deserves to be reported here as well. Here is a copy of the transcript of testimony...
    Dennis J. Wall, Attorney At Law, a P.A.
  • DISCOVERY BEHIND A DEFENSE IN ALABAMA. January 8, 2018 1:38 pm
    In Hibbett Patient Care, LLC v. Pharmacists Mut. Ins. Co., No. CA 16–00231–WS–C, 2017 WL 4817992, at *1 (S.D. Ala. January 26, 2017) (Cassady, USMJ), the plaintiffs "bring three causes of action against PMIC, which include breach of contract, bad...
    Dennis J. Wall, Attorney At Law, a P.A.
  • DISCOVERING UNDERWRITING FILES:  NOT IN PENNSYLVANIA DEC ACTION OVER COVERAGE. January 5, 2018 10:48 am
    An insured was not entitled to discovery of its liability carrier's underwriting files in the carrier's action for declaratory relief, in Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (M.D. Pa. 2017). The carrier's dec action...
    Dennis J. Wall, Attorney At Law, a P.A.
  • EXCESS AND UMBRELLA IN OHIO. January 3, 2018 11:00 am
    Under Ohio law, more than one order or sale of the same type of allegedly defective product gave rise to multiple occurrences under a commercial Follow-Form Excess Liability insurance policy issued by American Guarantee. The American Guarantee excess policy followed...
    Dennis J. Wall, Attorney At Law, a P.A.
  • AN UNOPPOSED CHRISTMAS MIRACLE IN PENNSYLVANIA. December 20, 2017 1:26 pm
    This is a story of a Christmas miracle in Pennsylvania. Part of this story is a tale of ways to deal with a Judge's ruling, among other things. That tale was told yesterday on Insurance Claims and Bad Faith Law...
    Dennis J. Wall, Attorney At Law, a P.A.
  • APPRAISAL NOT A HURDLE TO FLORIDA STATUTE'S CIVIL REMEDY NOTICE. December 18, 2017 10:51 am
    In an appeal from Seminole County, Florida, two judges of the Fifth District Court of Appeal agreed in Landers v. State Farm Fla. Ins. Co., No. 5D15–4032, 2017 WL 3443077 (Fla. 5th DCA August 11, 2017) (STATED NOT RELEASED FOR...
    Dennis J. Wall, Attorney At Law, a P.A.
  • SETTLEMENT UNDER SEAL IN ARKANSAS. December 13, 2017 10:49 am
    In Chaichian v. Sentinel Ins. Co. Ltd., No. 1:16-cv-01026, 2017 WL 4899232 (W.D. Ark. October 3, 2017) (Bryant, USMJ), a U.S. Magistrate Judge was confronted with three motions concerning settlement of the case. First, the facts at the time the...
    Dennis J. Wall, Attorney At Law, a P.A.
  • HOMEOWNERS INSURANCE AND UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW. December 11, 2017 2:19 pm
    In Jones v. Americas Ins. Co., 226 So. 3d 537 (La. Ct. App., 1st Cir., 2017), the Louisiana appellate court held that a homeowner's insurance carrier had no right of action against its insured's contractor for negotiating a check without...
    Dennis J. Wall, Attorney At Law, a P.A.
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