nc Cooke v. Jackson National Life Insurance Co. By feeds.findlaw.com Published On :: 2019-03-26T08:00:00+00:00 (United States Seventh Circuit) - Held that a policyholder who successfully sued a life insurance company was not entitled to an award of attorney fees. Reversed the fee award, in this diversity jurisdiction case. Full Article Attorney's Fees Insurance Law
nc Jackpot Harvesting, Inc. v. Applied Underwriters, Inc. By feeds.findlaw.com Published On :: 2019-03-28T08:00:00+00:00 (California Court of Appeal) - Affirmed the denial of a motion to compel arbitration of an insurance dispute. A company that sued its workers' compensation insurer over premium hikes contended that the case did not have to be arbitrated because the California Insurance Code invalidated the parties' arbitration agreement. Full Article Insurance Law Workers' Compensation Dispute Resolution & Arbitration
nc Komorsky v. Farmers Insurance Exchange By feeds.findlaw.com Published On :: 2019-03-29T08:00:00+00:00 (California Court of Appeal) - In an insurance coverage dispute, addressed whether the daughter of an insured car crash victim was entitled to benefits under an uninsured motorist policy. Affirmed a judgment on the pleadings. Full Article Insurance Law
nc Western Heritage Ins. Co. v. Frances Todd, Inc. By feeds.findlaw.com Published On :: 2019-04-02T08:00:00+00:00 (California Court of Appeal) - Held that an insurance company could not bring a subrogation claim against its insured's tenant (a furniture manufacturing business) for amounts paid out under a fire insurance policy, even if the tenant was negligent. Affirmed a summary judgment ruling. Full Article Insurance Law
nc Valls v. Allstate Insurance Co. By feeds.findlaw.com Published On :: 2019-04-02T08:00:00+00:00 (United States Second Circuit) - Held that homeowners were not insured for their home's allegedly defective concrete foundation. The gradual deterioration of their still‐standing basement walls did not constitute a covered "collapse" under their homeowner's insurance policy. Affirmed a dismissal. Full Article Insurance Law Property Law & Real Estate
nc Milligan v. CCC Information Services Inc. By feeds.findlaw.com Published On :: 2019-04-03T08:00:00+00:00 (United States Second Circuit) - Held that an automobile insurance policyholder who was unhappy with the handling of her claim for the total loss of her vehicle did not have to submit the dispute to a panel of appraisers, as set forth in the policy. Affirmed the denial of the insurer's motion to compel appraisal in this proposed class action. Full Article Insurance Law
nc Foster v. Principal Life Insurance Co. By feeds.findlaw.com Published On :: 2019-04-04T08:00:00+00:00 (United States Fifth Circuit) - Held that an insurance company did not abuse its discretion in denying disability benefits to an attorney who stopped working due to intractable migraines. Affirmed the judgment below in this ERISA case. Full Article ERISA Insurance Law
nc Ingenco Holdings, LLC v. ACE American Insurance Co. By feeds.findlaw.com Published On :: 2019-04-15T08:00:00+00:00 (United States Ninth Circuit) - In an insurance coverage dispute, revived an industrial plant's claim that the insurer should have provided coverage when broken metal brackets resulted in a shutdown of the entire facility. Reversed a summary judgment ruling. Full Article Insurance Law
nc Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co. By feeds.findlaw.com Published On :: 2019-04-17T08:00:00+00:00 (United States Fifth Circuit) - In an insurance dispute following an explosion and fire on an oil rig in Ohio, addressed arbitrability and personal jurisdiction issues. Affirmed in part and reversed in part the decision below. Full Article Oil and Gas Law Insurance Law
nc Surgery Center at 900 North Michigan Avenue, LLC v. American Physicians Assurance Corp. By feeds.findlaw.com Published On :: 2019-04-25T08:00:00+00:00 (United States Seventh Circuit) - Held that an insurance company was not liable for bad faith for failing to settle a medical malpractice claim for the policy limit. Affirmed a JMOL against the claims of an outpatient surgical center. Full Article Health Law Insurance Law
nc Tran v. Minnesota Life Insurance Co. By feeds.findlaw.com Published On :: 2019-04-29T08:00:00+00:00 (United States Seventh Circuit) - In a dispute over life insurance coverage, held that a policy exclusion was applicable because a man's death from engaging in an act known as autoerotic asphyxiation qualified as intentionally self-inflicted injury. Full Article Insurance Law
nc Varlen Corp. v. Liberty Mutual Insurance Co. By feeds.findlaw.com Published On :: 2019-05-16T08:00:00+00:00 (United States Seventh Circuit) - Held that an insurance company did not have to indemnify an insured for the cost of cleaning up groundwater contamination at its industrial sites. Affirmed summary judgment in favor of the insurer, in this case involving the policy's pollution exclusion clause. Full Article Environmental Law Insurance Law
nc Cohen v. Allstate Insurance Co. By feeds.findlaw.com Published On :: 2019-05-17T08:00:00+00:00 (United States Fifth Circuit) - Held that a homeowner could not proceed with a lawsuit against an insurance company related to a claim for flood damage. Affirmed summary judgment in favor of the insurer. Full Article Insurance Law
nc Mazik v. GEICO General Insurance Co. By feeds.findlaw.com Published On :: 2019-05-17T08:00:00+00:00 (California Court of Appeal) - Upheld a punitive damages award against an automobile insurance company for unreasonably delaying payment to a policyholder after a car crash. Full Article Insurance Law
nc Jozefowicz v. Allstate Insurance Co. By feeds.findlaw.com Published On :: 2019-05-28T08:00:00+00:00 (California Court of Appeal) - In a dispute between a homeowner and a property insurance company over an allegedly misdirected check, held that the homeowner had no cause of action under a Uniform Commercial Code provision dealing with negotiable instruments. Affirmed summary judgment against the homeowner. Full Article Commercial Law Insurance Law
nc McGlothin v. State Farm Mutual Insurance Co. By feeds.findlaw.com Published On :: 2019-05-31T08:00:00+00:00 (United States Fifth Circuit) - In an insurance coverage dispute arising out of a car crash, construed Mississippi's Uninsured Motorist Act. Held that the insurer was entitled to summary judgment in this diversity action. Full Article Insurance Law
nc Ekhlassi v. National Lloyds Insurance Co. By feeds.findlaw.com Published On :: 2019-06-04T08:00:00+00:00 (United States Fifth Circuit) - In an insurance coverage case, held that a homeowner delayed too long before bringing suit over a flood insurance claim. Affirmed summary judgment in favor of the insurer, holding that the suit was time-barred. Full Article Insurance Law
nc McMillin Homes Construction Inc. v. National Fire and Marine Insurance Co. By feeds.findlaw.com Published On :: 2019-06-05T08:00:00+00:00 (California Court of Appeal) - Held that an insurance company owed a duty to defend a general contractor who was being sued by homeowners over alleged roofing defects. The case involved a commercial general liability insurance policy issued to a roofing subcontractor. Reversed the decision below. Full Article Insurance Law Construction
nc Evanston Insurance Co. v. William Kramer and Associates, LLC By feeds.findlaw.com Published On :: 2019-06-11T08:00:00+00:00 (United States Second Circuit) - Held that an insurance company may not proceed with a negligence lawsuit against an adjuster for allegedly botching a claim for hurricane damage. The lawsuit was not filed within the statute of limitations. Full Article Insurance Law
nc Essex Insurance Company v. Blue Moon Lofts Condominium Association By feeds.findlaw.com Published On :: 2019-06-27T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. The subject of a legal judgment sought to pursue the doctrine of estoppel to compel their insurer to pay out on the judgment against them from a decade before the policy's active date. They suffered no prejudice from the insurer's action and their case was dismissed. Full Article Insurance Law Contracts
nc Emmis Communications Corporation v. Illinois National Insurance Company By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Seventh Circuit) - Reversed and remanded. The district court's entry of summary judgment for a company on a claim of breach of contract against an insurer was overturned because of the court's interpretation of the clause "as reported" to mean a report had been made, rather than referencing events that had already occurred at the time of the drafting. Full Article Insurance Law Contracts
nc Frederking v Cincinnati Ins. Co By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Fifth Circuit) - Reverse and remand. Defendant advanced the theory that its insurance policy did not cover injuries caused by drunk driving collisions, because they are not “accidents”. The trial court granted summary judgment to Defendant, insurance company, stating that the intentional decision to drive while intoxicated meant the collision was not an accident. The appeals court held that there was nothing in Texas law that would construe the term “accident” in the manner put forth by the Defendant. Full Article Injury & Tort Law Insurance Law
nc Nautilus Insurance Company v. Access Medical, LLC By feeds.findlaw.com Published On :: 2019-07-02T08:00:00+00:00 (United States Ninth Circuit) - Certified Question. The panel certified the question of state law to the Nevada Supreme Court asking whether an insurer is entitled reimbursement of costs already expended in defense of its insured where a determination has been made that the insurer owed no duty to defend and there was an agreement requiring reimbursement, but with no reservation of rights. Full Article Civil Procedure Insurance Law Contracts
nc Gale v. Chicago Title Insurance Company By feeds.findlaw.com Published On :: 2019-07-09T08:00:00+00:00 (United States Second Circuit) - Affirmed. Plaintiff, a Connecticut attorney, sued Defendants, a group of title insurance companies, for violating a Connecticut law that allows only Connecticut attorneys to act as title agents in the state. The original complaint contained class action allegations under the Class Action Fairness Act, but Plaintiff removed all class-action allegations in a subsequent complaint. The district court held that without the class-act allegations, it no longer had jurisdiction and dismissed the complaint. Full Article Civil Procedure Insurance Law Property Law & Real Estate
nc Universal Cable Productions v. Atlantic Specialty Insurance By feeds.findlaw.com Published On :: 2019-07-12T08:00:00+00:00 (United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned. Full Article Insurance Law
nc American Homeland Title Agency, Inc. v. Robertson By feeds.findlaw.com Published On :: 2019-07-15T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A company found, during a random audit by the Indiana Department of Insurance, to have committed hundreds of regulatory violations that entered into an agreement to pay a fine and relinquish its licenses could not subsequently sue the Department's commissioner alleging discrimination for their out-of-state residency without providing a valid reason to void the agreement. Full Article Civil Procedure Insurance Law Banking Law Administrative Law
nc Adhav v. Midway Rent A Car, Inc By feeds.findlaw.com Published On :: 2019-07-24T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff brought a class action against Defendant alleging Insurance Code violations and unfair business practices for the insurance rates Defendant charged in its car rental business. The trial court found no illegal or fraudulent business practice or any economic injury. Judgment was entered in favor of the Defendant. Full Article Insurance Law Class Actions Commercial Law
nc Windridge of Naperville Condominium Ass'n v. Philadelphia Indemnity Insurance Co. By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An insurer had to replace the siding on an entire building whose south and west sides were damaged by a storm because the old siding was no longer available and the new siding didn't match. Full Article Insurance Law
nc Kelly v. Honeywell Int’l, Inc. By feeds.findlaw.com Published On :: 2019-08-07T08:00:00+00:00 (United States Second Circuit) - Affirmed. Collective bargaining agreement contains unambiguous language vesting welfare benefits and there is a sufficiently serious question as to whether retirees were entitled to lifetime medical coverage. District court’s grant of summary judgement in favor of union retirees is affirmed. Full Article Insurance Law
nc Capsco Industries, Inc. v. Ground Control, LLC By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project. Full Article Civil Procedure Insurance Law Construction Contracts
nc Liberty Mutual Fire Insurance v. Fowlkes Plumbing By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Certified. The state Supreme Court was asked how they would interpret the subrogation waiver in common form contracting agreements, a question that has split courts nationwide. Full Article Contracts Civil Procedure Insurance Law
nc Landmark American Insurance Co. v. Deerfield Construction, Inc. By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. An insurer that did not receive timely notice of an accident could not be compelled to provide coverage. Full Article Insurance Law Civil Procedure
nc Southern Hens, Inc. v. Occupational Safety and Health Review Commission By feeds.findlaw.com Published On :: 2019-07-18T08:00:00+00:00 (United States Fifth Circuit) - Petition denied. A company's petition for review of an administrative law judge's finding of violations and imposition of a monetary penalty against a poultry processing plant following a worker injury was upheld. Full Article Civil Procedure Labor & Employment Law Administrative Law
nc National Labor Relations Board v. Ingredion Inc. By feeds.findlaw.com Published On :: 2019-07-19T08:00:00+00:00 (United States DC Circuit) - Petition denied. The petition for review of a National Labor Relations Board decision was supported by substantial evidence and contentions that the Board violated due process and improperly imposed a notice-reading remedy were without merit. Full Article Labor & Employment Law Administrative Law
nc Tatum v. Southern Company Services, Inc. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. The district court's dismissal of claims for interference and retaliation in violation of the Family and Medical Leave Act in the case of a man reprimanded for swearing, quoting the bible, and generally being abrasive in colleague interactions. Full Article Civil Procedure Labor & Employment Law
nc Wilson v. Cable News Network, Inc. By feeds.findlaw.com Published On :: 2019-07-22T08:00:00+00:00 (Supreme Court of California) - Affirmed in part and reversed in part. Plaintiff filed suit for employment discrimination, retaliation and defamation. Defendant filed an anti—SLAPP motion, Code of Civil Procedure section 425.16. The Supreme court held that the anti-SLAPP statute is applicable to the claims of discrimination and retaliation, but not to the defamation cause of action because it was not made in connection with any issue of public significance. Full Article Labor & Employment Law Civil Rights Civil Procedure
nc L'Chaim House, Inc. v. Div. of Labor Standards Enforcement By feeds.findlaw.com Published On :: 2019-07-31T08:00:00+00:00 (California Court of Appeal) - Affirmed. Plaintiff was cited for wage and hour violations. Plaintiff contended that it could require its employees to work “on-duty” meal periods less than 30 minutes. The appeals court found that an employer must provide meal periods of at least 30 minutes regardless of whether they are on-duty or off-duty. Full Article Labor & Employment Law Administrative Law
nc Lacayo v. Catalina Restaurant Group Inc. By feeds.findlaw.com Published On :: 2019-08-01T08:00:00+00:00 (California Court of Appeal) - Dismissed part of appeal and affirmed part. Plaintiff filed a class action complaint against Defendant alleging wage and hour violations and a unfair competition law claim (UCL). Defendants sought to compel arbitration. The trial court granted Defendant’s motion as to Plaintiffs individual claims, allowed the arbitrator to decide the class action claims, and denied the motion as to the UCL claim. The appeals court found that the motion that granted arbitration could not be appealed and found no error in the denial of arbitration for the UCL claim. Full Article Commercial Law Dispute Resolution & Arbitration Labor & Employment Law
nc Dawson v. NCAA By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. Held that Division I football players were not employees of the NCAA because the economic realities for student-athletes do not match an employer/employee relationship. The district court’s dismissal of an athlete’s Fair Labor Standards Act claim is affirmed. Full Article Labor & Employment Law
nc Mejia v. Merchants Building Maintenance By feeds.findlaw.com Published On :: 2019-08-13T08:00:00+00:00 (California Court of Appeal) - Affirmed denial of motion to compel arbitration. An employee bringing a Private Attorney General’s Act claim may not be compelled to arbitrate that portion of the claim that seeks to recover underpaid wages. Full Article Dispute Resolution & Arbitration Labor & Employment Law
nc Clifford v. Quest Software Inc. By feeds.findlaw.com Published On :: 2019-08-14T08:00:00+00:00 (California Court of Appeal) - Reversed order denying Defendant’s motion to compel arbitration. Plaintiff filed a complaint against his employer for unfair competition under the Business and Professions Code section 17200 and also brought wage and hour claims. The Defendant moved to compel arbitration. The trial court granted arbitration for all claims, but for the unfair competition claim. The appeals court held that the unfair competition claim could also be subject to arbitration. Full Article Dispute Resolution & Arbitration Labor & Employment Law Consumer Protection Law
nc Valtierra v. Medtronic Inc. By feeds.findlaw.com Published On :: 2019-08-20T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. The panel held that even if Plaintiff’s obesity were an impairment under the ADA, or he suffered from a disabling knee condition, he could not show a causal relationship between these impairments and his termination. Summary judgement in favor of the defendant affirmed. Full Article Labor & Employment Law
nc Franco v. Greystone Ridge Condominium By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (California Court of Appeal) - Reversed. Plaintiffs, employees of Defendant, signed an agreement with Defendant requiring binding arbitration of employment disputes after the complaint was filed. The trial court denied Defendant’s motion to compel arbitration agreeing with Plaintiff that the arbitration agreement referred to future claims not the past ones brought by Plaintiff against Defendant. The appeals court disagreed stating that the agreement to arbitrate was clear and there was no qualifying language as to past or future events. Full Article Dispute Resolution & Arbitration Labor & Employment Law
nc Glovis America, Inc. v. County of Ventura By feeds.findlaw.com Published On :: 2018-10-10T08:00:00+00:00 (California Court of Appeal) - Held that a vehicle inspection company that leased land from the U.S. Navy failed to demonstrate that county tax authorities overvalued its leasehold interest by assuming that the lease would be extended beyond its original term. Affirmed the dismissal of the taxpayer's suit seeking a tax refund. Full Article Property Law & Real Estate Military Law Tax Law
nc MCI Communications Services, Inc. v. California Department of Tax and Fee Administration By feeds.findlaw.com Published On :: 2018-10-24T08:00:00+00:00 (California Court of Appeal) - Affirmed the dismissal of a telecommunication company's lawsuit seeking a refund of California sales and use taxes. Held that the tax exclusion for telephone lines does not extend to pre-installation component parts that may one day be incorporated into completed telephone systems. Full Article Tax Law Communications Law
nc Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc. By feeds.findlaw.com Published On :: 2018-11-20T08:00:00+00:00 (California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser. Full Article Contracts Tax Law Property Law & Real Estate
nc SummerHill Winchester LLC v. Campbell Union School District By feeds.findlaw.com Published On :: 2018-12-20T08:00:00+00:00 (California Court of Appeal) - Affirmed that a school district failed to take the proper steps to enact a fee on new residential development within the district to fund the construction of school facilities. Held that the fee study did not contain the data required to properly calculate a development fee. Full Article Education Law Tax Law Construction
nc Freedom Path, Inc. v. Internal Revenue Service By feeds.findlaw.com Published On :: 2019-01-16T08:00:00+00:00 (United States Fifth Circuit) - Held that an organization lacked standing to bring a facial challenge to an Internal Revenue Service test for determining certain tax liabilities. The conservative issue-advocacy organization contended that the test was unconstitutionally vague. Full Article Tax Law Civil Procedure Constitutional Law
nc Harmony Gold U.S.A., Inc. v. County of Los Angeles By feeds.findlaw.com Published On :: 2019-01-30T08:00:00+00:00 (California Court of Appeal) - Held that a property owner could not proceed with a lawsuit seeking to recover tax overpayments. Affirmed a dismissal, in a case involving the determination of the real property's base-year value, a core metric for assessing property taxes in California. Full Article Tax Law
nc Advanced Building and Fabrication Inc. v. Ayers By feeds.findlaw.com Published On :: 2019-03-13T08:00:00+00:00 (United States Ninth Circuit) - Held that an employee of the California State Board of Equalization violated clearly established law by participating in law enforcement's execution of a search warrant at the business premises of a man with whom he had a recent altercation. Affirmed the denial of his motion seeking qualified immunity in this lawsuit alleging civil rights and tort claims. Full Article Government Law Tax Law Constitutional Law