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Insurance Litigation Motion to Dismiss Insurance Industry

A&O Shearman

EDPa Dismisses Securities Fraud Claims Against Life Insurance Co

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On July 24, 2025, Judge Jennifer Murphy of the Eastern District of Pennsylvania granted a motion to dismiss a putative securities class action brought against a life insurance company (the “Company”) and certain of its...more

Marshall Dennehey

NJ Appellate Division Clarifies Consumer Fraud Act Exception for Insurance Producers, Upholds Plemmons

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On June 24, 2025, the New Jersey Appellate Division issued an unpublished opinion in Lowe v. Audet, A-4093-23, holding that insurance producers remain exempt from liability under the Consumer Fraud Act (CFA) when performing...more

Faegre Drinker Biddle & Reath LLP

Court Dismisses TCPA Case Due to Failure to Plausibly Allege That the Defendant Made the Calls at Issue

A recent decision out of the Eastern District of Virginia, Matthews v. Senior Life Ins. Co., provides a helpful reminder that TCPA complaints do not satisfy Rule 8’s pleading standard if they do not plausibly link the...more

Wiley Rein LLP

No Coverage Under Primary Policy for Potential Claim Reported During Extended Reporting Period or Under Excess Policy Based on...

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The United States District Court for the Eastern District of Michigan, applying Michigan law, granted a primary insurer’s motion to dismiss, determining that a professional liability policy required potential claims to be...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 25 2024

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The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s...more

Marshall Dennehey

Middle District Confirms That You Can Sue the Tortfeasor, Not Their Insurer

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Nails v. Amguard Ins. Co., 3:23-cv-557, 2023 WL 5163286 (M.D. Pa. Jul. 10, 2023), adopted, 2023 WL 5351990 (M.D. Pa. Aug. 21, 2023) - An injured plaintiff sued the alleged tortfeasor, the tortfeasor’s employer and the...more

Carlton Fields

Cause and Effect: Southern District of Florida Determines Parkland Shooting Constituted One Occurrence

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In the ongoing case of Tony v. Evanston Insurance Co., the U.S. District Court for the Southern District of Florida recently issued a ruling denying a motion to dismiss filed by defendant Evanston Insurance Co. in which it...more

Wiley Rein LLP

Insurer’s Motion to Dismiss Denied Where Complaint Plausibly Alleged Rescission of Policies Was Untimely Under Wisconsin Statute

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The United States Bankruptcy Court for the Eastern District of Wisconsin, applying Wisconsin law, denied an insurer’s motion to dismiss on the grounds that the insured dentist’s complaint plausibly alleged that the insurer’s...more

Sheppard Mullin Richter & Hampton LLP

The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses

Does the business harm caused by COVID-19 qualify as “direct physical loss” for insurance purposes? In Spirit Airlines, Inc. v. American Home Assurance Company, Index No. 655755/2021, Commercial Division Justice Robert R....more

Faegre Drinker Biddle & Reath LLP

Court Reinforces the Filed-rate Doctrine in Collins et al v. Metropolitan Life Ins. Co.

On February 3, 2023, the United States District Court for the Eastern District of Missouri granted MetLife’s motion to dismiss for failure to state a claim in Collins et al v. Metropolitan Life Ins. Co. In granting MetLife’s...more

Wiley Rein LLP

Insured v. Insured Exclusion Applies to Lawsuit Spearheaded by Insured

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The United States District Court for the Southern District of New York, applying Kentucky law, has held that an insured v. insured exclusion bars coverage for a lawsuit brought by both insured and non-insured security holders...more

King & Spalding

What Does “Based On” Mean?

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In Cost of Insurance Litigation, Courts Continue to Disagree Over the Meaning of the Key Contractual Provision - If you see a movie that is “based on a true story,” how close to the story are you expecting the movie to be?...more

White and Williams LLP

To Be or To Be On Behalf Of: That Is the Question

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On August 10, 2022, the U.S. District Court for the Middle District of Florida held, on a motion to dismiss, that losses allegedly caused by fraudulent payment requests by persons purporting to be the insured qualified for...more

Steptoe & Johnson PLLC

The West Virginia Medical Professional Liability Act Applies Broadly to Services Encompassing Patient Care – Not Just the Care...

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The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional...more

Wiley Rein LLP

D&O Policy’s Professional Services Exclusion and Contract Exclusion Do Not Bar Coverage For Claims Arising from Trade Show...

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Applying Illinois law, the U.S. District Court for the Northern District of Illinois has held that a D&O policy’s professional services and contract exclusions do not bar coverage for lawsuits seeking damages for fees and...more

Wiley Rein LLP

Delaware Superior Court Holds Opt-Out Case is “Fundamentally Identical” to Original Securities Class Action First Made Before...

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In a win for Wiley Rein’s client, the Delaware Superior Court has held that an opt-out securities case related back to the original securities class action because the cases were “based on the same subject, have a causal...more

White and Williams LLP

Reinsurance Litigants May Need to Avoid Putting Their Faith in the Tort of Bad Faith

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In a recent Alabama federal court decision, aptly captioned Alabama Municipal Insurance Corporation v. Munich Reinsurance American, Inc., the plaintiff reinsured brought three counts of bad faith against the defendant...more

Chartwell Law

United States District Court for the Western District of Pennsylvania Dismisses Pennsylvania Restaurant’s Proposed Class Action...

Chartwell Law on

On January 15, 2021, U.S. District Judge William S. Stickman granted defendant National Fire & Marine Insurance Company’s Motion to Dismiss a complaint filed by plaintiff 1 S.A.N.T, Inc. 1 S.A.N.T. brought a putative class...more

Zelle  LLP

Spa Virus Coverage Ruling Misses The Mark

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In response to the wave of litigation over COVID-19-related business income claims, an overwhelming majority of courts considering the relevant policy language — approximately 80% — have found no coverage as a matter of law...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

Jaburg Wilk on

The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

Morris James LLP

Superior Court Rejects Insurers’ Motions to Dismiss Coverage Dispute Based upon Ripeness and Lack of Personal Jurisdiction

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Energy Transfer Equity, L.P. v. Twin City Fire Insurance Co., et al., C.A. No. N19C-11-009 EMD CCLD (Del. Super. Ct. Sept. 28, 2020) - Plaintiffs-Insureds sought declaratory relief and damages for Defendants-Insurers...more

Gould + Ratner LLP

Policyholders See New Developments in COVID-19 Case Law

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Insurers across the nation continue to file motions to dismiss COVID-19 cases brought by policyholders on three primary grounds: 1. there is no” physical loss or damage” to the covered property, 2. there is no “prohibition...more

Hinshaw & Culbertson - Insights for Insurers

Where We Stand: The Latest Snapshot of COVID-19 Business Interruption Insurance Coverage Litigation

Approximately 1,300 COVID-19 business interruption and civil authority insurance coverage cases are working their way through federal and state courts throughout the country. Decisions continue to be rendered and tracking...more

Harris Beach Murtha PLLC

Bad Faith Claims Against Insurers: Can They Be “SLAPP”ed?

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Responding to what have been called “strategic lawsuits against public participation” (“SLAPP”), twenty-nine states, including Connecticut, have enacted some form of anti-SLAPP legislation in recent years. These anti-SLAPP...more

Saul Ewing LLP

Constrained By Rule 12(B)(6), South Carolina District Court Denies Insurer’s Motion to Dismiss Insured’s Breach of Contract and...

Saul Ewing LLP on

Skinner v. Horace Mann Ins. Co., No. 4:18-CV-00922-RBH, 2019 WL 935243 (D.S.C. Feb. 26, 2019) - Plaintiff Annie Skinner (Skinner) allegedly suffered severe injuries and extensive property damage as a result of a February...more

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