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Category Archives: New Case

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8th Circuit nixes RICO claim against insurer, cites McCarran-Ferguson Act

Posted in New Case
In Ludwick v. Harbinger Group, Inc. and Fidelity & Guaranty Insurance Company, the Eighth Circuit affirmed dismissal of a RICO claim against Fidelity and Guaranty (F&D) and its affiliates.  Ludwick claimed that as a result of certain accounting practices where assets and liabilities were moved around F&D and its affiliates, the annuity Ludwick purchased from… Continue Reading

10th Circuit affirms dismissal of proposed class action against ACORD insurers

Posted in New Case
In Snyder v. Acord Corporation, 17 named Plaintiffs attempted to bring a class action against their insurers as well as numerous other insurers, holding companies, trade associations and consulting firms. Their theory is that the Defendants are involved in a massive conspiracy to underinsure and underpay homeowners’ claims in no small part because of insurance… Continue Reading

No Underinsured Motorist Coverage Where Tortfeasor Policy Limits Exceed Insured’s Policy Limits; Missouri (8th Circuit)

Posted in Contractual Liability, New Case
AMCO Ins. Co. v. Williams, arose from a fatal car crash. The insured’s estate sought underinsured (UIM) motorist coverage after recovering the tortfeasor’s policy limits. The claim was denied. The insured sought summary judgment establishing coverage. The insurer claimed there was no coverage because the tortfeasor’s vehicle was not underinsured. The insured said the policy… Continue Reading

Law Firm Has “No Case” in Contract Automatic Renewal Dispute – 7th Circuit, Illinois

Posted in New Case
Cafferty, Clobes, Merriweather & Sprengel, L.L.P. v. XO Comm’ns. Srvs, L.L.C., arose from an automatic contract renewal clause. The contract was to renew annually unless Cafferty notified XO at least 30 days before expiration. Failure to provide notice would result in a termination fee. XO noted the renewal policy in each monthly billing statement. Cafferty… Continue Reading

Insurance company has standing to enforce arbitration against claimant — 9th Circuit California

Posted in Contractual Liability, New Case
Allied Professionals Insurance Company, v. Anglesey, When Allied denied Dr. Anglesey coverage for a malpractice claim made by the Gutierrezes, the doctor and the claimants settled, with an agreement not to execute against Anglesey, and apparently, an assignment of Anglesey’s claims against Allied to the Gutierrezes.  Allied sued the doctor and claimants, seeking (1) declaratory… Continue Reading

Bad faith claim for failure to pay workers compensation benefits may proceed — Oklahoma

Posted in Insurance Bad Faith, New Case
In Meeks v. Guarantee Insurance Co., 2017 OK 17,  the employee sued the insurer for bad faith refusal to timely comply with several orders of the Workers’ Compensation Court awarding employee temporary total disability benefits after insurer–without good cause–withheld employee’s benefits on twenty-six separate occasions. The insurer moved for dismissal, asserting employee failed to obtain… Continue Reading

Failure to disclose claim against insurance company in bankruptcy petition fatal — judicial estoppel — 10th Circuit, Colorado

Posted in Insurance Bad Faith, New Case
In Hermann v. Hartford Casualty Insurance, Hermann claimed Hartford unreasonably denied and delayed payment for his workers’ compensation claim.  Hartford moved for summary judgment, arguing that Hermann’s action should be barred under the doctrine of judicial estoppel because Hermann did not disclose his claim against Hartford in his bankruptcy petition. The judgment in favor of… Continue Reading

Policyholders may be covered for an entire property insurance claim where there are multiple concurrent causes of loss and at least one is covered under a policy — Florida

Posted in Contractual Liability, New Case
In Sebo v. American Home Assurance Co., the Florida supreme court ruled that an entire property insurance claim may be covered where there are multiple concurrent causes of loss and at least one is covered under a policy. Insurers might be able to defeat claims if they can show that an excluded risk prompted a… Continue Reading

ERISA expressly preempts law to regulate generic drug pricing; 8th Cir. – Iowa

Posted in Disability Benefits, New Case
Pharmaceutical Care Management v.  Nick Gerhart arose from a dispute over Iowa Code § 510B.8. Section 510B.8 regulated how pharmacy benefits managers (PBMs) established generic drug pricing and required drug pricing disclosures. Specifically, Subsection 1 require[d] PBMs provide information regarding pricing methodologies to Iowa’s insurance commissioner at the commissioner’s request; Subsection 2 limit[ed] the types… Continue Reading

Recreational land use act applies to Tulsa’s River Parks Authority — Oklahoma

Posted in immunity, New Case
In Sanders v. River Parks Authority, 2016 OK CIV APP 79, Bogdanich died after being struck by a young boy riding a bicycle.  Bogdanich’s survivors sued the River Parks (and others) claiming negligent design of the trails, inadequate warning signs, and insufficient supervision.  The River Parks got summary judgment, though, arguing it was immune from… Continue Reading

Non Signatory Defendants can compel Arbitration — 8th Circuit Arkansas

Posted in New Case
In Robinson v. EOR-ARK, LLC, the Eighth Circuit said that a non-signatory defendant may enforce an arbitration agreement signed by the plaintiff’s decedent.  Recently, Missouri held that a wrongful death action was not preempted by an arbitration clause and the heirs were not bound by the arbitration agreement signed by the decedent. Under Arkansas law,… Continue Reading

Wrongful Death action not preempted by Arbitration agreement — Missouri

Posted in New Case
In Granger vs. Rent-A-Center, Inc., Granger sued Rent-A-Center (RAC) for the wrongful death of his father, (Johnson) who was killed by a former employee of RAC.  The former RAC employee Eric Patton, “posed”as an employee of RAC, used his RAC identification, apparent authority, and previous in-home relationship with Johnson to gain entry into Johnson’s home.… Continue Reading

Pharmacy owes decedent duty in prescription overdose wrongful death action

Posted in Contractual Liability, immunity, New Case
Carista v. Valuck was a wrongful death arising action from Plaintiff’s prescription overdose. Defendant was Plaintiff’s pharmacy. Defendant sought summary judgment alleging it owed Plaintiff no duty. Judgment for Plaintiff was proper because the Learned Intermediary Doctrine creates a duty whereby a pharmacist must advise patients of facially unreasonable prescriptions and known drug contradictions. Thus,… Continue Reading

Fifth Circuit and Texas find that civil penalties are punitive or exemplary damages, vacate $1.4 M judgment against Wal-Mart

Posted in New Case
In Forte v. Wal-Mart, Wal-Mart was found to have violated the Texas optometry act by dictating the hours in which in store optometry offices needed to be open.  The optometrists claimed no damages, but sought civil penalties under the act, and were awarded $1.4 M.  On certified questions, the courts found that the civil penalties… Continue Reading

Paid vs incurred means $1 verdict ok, Missouri

Posted in New Case
In Walker vs. Kelley, Walker was rear-ended by Kelly and got some treatment.  Before and after the accident, Walker had jobs which required strenuous physical labor.  There was evidence that Walker was billed $25,000 for medical treatment after the accident, and that these bills were satisfied by payment of about $11,000.  The jury found for… Continue Reading