News & Analysis as of

Motion for Reconsideration Insurance Litigation

White and Williams LLP

A Matter of Circumstance: New York Court Finds Circumstantial Evidence Enough

In State Farm Fire & Cas. Co. a/s/o Miriam Perez v. Pentair Flow Techs., LLC No. 7:21-CV-6679, 2025 U.S. Dist. LEXIS 36875, the United States District Court for the Southern District of New York (District Court) reconsidered...more

Butler Weihmuller Katz Craig LLP

Effective immediately: Florida Rule of Civil Procedure 1.530(a) applies to certain non-final orders

Most trial lawyers tend to use reconsideration and rehearing interchangeably. But until recently they served very different purposes. Motions for rehearing filed pursuant to Florida Rule of Civil Procedure 1.530 applied only...more

Carlton Fields

Court Denies Motion to Reconsider Order Compelling Arbitration

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Plaintiffs Kevin Struss, Struss Farms LLC, and Struss & Cook Farms brought certain tort and breach of contract claims against Rural Community Insurance Co. (RCIC) and Scott Laaveg, RCIC’s claims representative. The claims...more

Carlton Fields

Trial Deadlines Continued in Collection Action Filed by Reinsurer Related to Fraudulent Transfer Scheme

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We have been tracking Odyssey Reinsurance’s action to collect a $3.2 million judgment against Richard and Diane Nagby, the owners of two companies involved in an alleged fraudulent transfer scheme. ...more

Carlton Fields

DC District Court Permits Vantage Commodities To File Amended Complaint And Denies Reinsurer Defendants’ Motion For Interlocutory...

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The District Court for the District of Columbia issued an order denying a motion to reconsider its prior order allowing Vantage Commodities to file an amended complaint and denying the reinsurer defendants’ motion for...more

Carlton Fields

Court Declines To Reconsider Summary Judgment Decision In Latest Development In Ongoing Asbestos Liability Reinsurance Litigation

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The Northern District of New York declined to reconsider a September 2018 decision on competing motions for partial summary judgment we previously reported on in a long-running reinsurance dispute related to asbestos...more

Carlton Fields

New York Federal Court Denies Cedent’s Motion For Reconsideration In Reinsurance Dispute Regarding Expense Provisions

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This case was previously reported by us on April 30, 2018. As we previously reported, on March 20, 2018, a New York federal court largely denied the motions for summary judgment of both plaintiff, Utica, and defendant, Munich...more

Carlton Fields

Following New York High Court’s Answer To Certified Question, Second Circuit Remands Reinsurance Dispute To District Court

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The Second Circuit vacated and remanded for reconsideration a district court opinion in a dispute concerning the limits available under certain facultative reinsurance certificates after the New York Court of Appeals answered...more

Carlton Fields

Insurer’s Attempt To Shield Documents From Discovery Through Assertion Of The Mediation Privilege And A Relevancy Objection Is...

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In a breach of contract and bad faith case emanating from an insurer’s refusal to settle an underlying case within policy limits, the insurer was unsuccessful in its attempt to protect documents from discovery by assertion of...more

Robinson+Cole Property Insurance Coverage...

District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous

The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not...more

Carlton Fields

Court Denies Reconsideration Of Ruling That Reinsurer Must Post Pre-Pleading Security

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On April 13, 2016, we reported on Select Insurance Company’s successful motion for pre-pleading security against Excalibur Reinsurance Corp., pursuant to Connecticut law. Excalibur filed a motion for reconsideration, which...more

Carlton Fields

New Jersey Appellate Court Affirms Ruling That Solvent Insurers Not Responsible For Portions Of Insolvent Insurers

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Earlier this month, a New Jersey appellate court affirmed a lower court’s ruling that the insured, not solvent insurers, was responsible for the liability apportioned to policies not covered by New Jersey’s Property Liability...more

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