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New York Law Journal

Panel Holds Insurer to Higher Proof Standard in Fraud Suit

An insurer who underwrote mortgage-backed securities that failed during the 2008 housing crisis must prove all the elements of common-law fraud in its suit against Countrywide Home Loans, a Manhattan appeals court has ruled. "There is no merit to Ambac's contention that Insurance Law §3105 dispenses with the common-law requirement of proving justifiable reliance and loss causation," Justice Richter wrote for the panel.
12 minute read

New York Law Journal

Panel Holds Insurer to Higher Proof Standard in Fraud Suit

An insurer who underwrote mortgage-backed securities that failed during the 2008 housing crisis must prove all the elements of common-law fraud in its suit against Countrywide Home Loans, a Manhattan appeals court has ruled. "There is no merit to Ambac's contention that Insurance Law §3105 dispenses with the common-law requirement of proving justifiable reliance and loss causation," Justice Richter wrote for the panel.
4 minute read

Texas Lawyer

Jury Awards $40M to Offshore Oil Well Owner in 'Message' to Insurer

The six-week trial revolved around claims by Houston-based equity firm Prime Natural Resources that the well's insurer, Lloyd's of London, improperly refused to reimburse some of the expenses it incurred to repair and replace it.
7 minute read

Texas Lawyer

Jury Awards $40M to Offshore Oil Well Owner in 'Message' to Insurer

The six-week trial revolved around claims by Houston-based equity firm Prime Natural Resources that the well's insurer, Lloyd's of London, improperly refused to reimburse some of the expenses it incurred to repair and replace it.
7 minute read

Connecticut Law Tribune

Robinson & Cole Lawyer Named National Insurance Fellow

Robinson & Cole lawyer Rhonda J. Tobin has been elected a fellow of the American College of Coverage and Extracontractual Counsel.
4 minute read

Daily Report Online

Judge Weighs 'Bizarre' Contract Dispute Between Delta Retirees, Insurer

In a dispute between United Healthcare and the trust that provides health insurance for retired Delta Air Lines employees—over what the trust says is more than $5 million in drug rebates it is owed—the judge overseeing the case expressed astonishment Monday at two facts.
9 minute read

Daily Report Online

Judge Weighs 'Bizarre' Contract Dispute Between Delta Retirees, Insurer

In a dispute between United Healthcare and the trust that provides health insurance for retired Delta Air Lines employees—over what the trust says is more than $5 million in drug rebates it is owed—the judge overseeing the case expressed astonishment Monday at two facts.
9 minute read

The Legal Intelligencer

Berkley Assurance Co. v. Campbell, PICS Case No. 17-0588 (C.P. Philadelphia Apr. 18, 2017) Djerassi, J. (15 pages).

The court granted insurance company's motion for summary judgment based on the insured's material misrepresentations regarding the nature of his construction business and its safety procedure, which rendered the contract of insurance void ab initio.
5 minute read

The Recorder

Talana Orzechowski v. The Boeing Company Non-Union Long-Term Disability Plan, Plan Number 625

4 minute read

The Legal Intelligencer

Class Action Over Allstate Medical Exam Policy Gets Green Light in Pa. Federal Court

A proposed federal class action lawsuit against Allstate over its policy mandating that claimants undergo medical exams by a doctor of the carrier's choosing before they can receive benefits has gotten the green light in a ruling that predicts how the Pennsylvania Supreme Court may handle the situation, which has started percolating through state courts.
8 minute read

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