http://www.lexisnexis.com/mealeys/news.aspx Headline Emerging Insurance Disputes Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A California appeals panel on Jan. 31 affirmed a lower court's ruling that stayed an appellant's declaratory judgment lawsuit disputing the validity of a professional liability insurer's subrogation claim against his family trust, finding that the lower court's determination that an ongoing lawsuit in Maryland "presented a more suitable forum" was within the court's discretion (John Berman v. Minnesota Lawyers Mutual Insurance Company, No. A155394, Calif. App., 1st Dist., Div. 3). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Jan. 31 granted a financial services company insured's cross-motion for summary judgment as to its breach of contract claim in its lawsuit seeking indemnity for an underlying settlement arising from alleged "spoof emails" that resulted in a $5.9 million fraudulent wire transfer, but ruled in favor of the insurer as to a bad faith claim (SS&C Technology Holdings, Inc. v. AIG Specialty Insurance Company, No. 19-07859, S.D. N.Y., 2020 U.S. Dist. LEXIS 17201). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SHERMAN, Texas - A federal judge on Jan. 31 granted insureds' motion to remand their breach of contract lawsuit seeking professional liability coverage for an underlying trade secret dispute, finding that Certain Underwriters at Lloyd's London have failed to satisfy their burden of establishing that the jurisdictional amount is met as to each member who belongs to the Lloyd's syndicates and bear the liability for the risk (Xome Settlement Services, LLC, et al. v. Certain Underwriters at Lloyds, London, No. 18-00837, E.D. Texas, 2020 U.S. Dist. LEXIS 16516). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FORT WAYNE, Ind. - A federal judge in Indiana on Jan. 22 held that a claim alleging that a medical malpractice insurer failed to settle a malpractice claim against its doctor insured was not first asserted before the inception of its professional liability insurance policy and, therefore, its breach of contract claim against its professional liability insurer is not based on an assertion of coverage for a claim first made against it before the policy inception (The Medical Protective Company of Fort Wayne Indiana v. American International Specialty Lines Insurance Company, No. 13-357, N.D. Ind., 2020 U.S. Dist. LEXIS 10375). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LINCOLN, Neb. - The Nebraska Supreme Court on Jan. 31 held that a lower court erred in ruling that a "professional services" insurance policy exclusion bars coverage for underlying civil rights lawsuits brought by six people who were exonerated nearly two decades after being charged with committing a murder in Beatrice, Neb., finding that the exclusion does not apply to law enforcement (Gage County, Nebraska v. Employers Mutual Casualty Company, No. S-18-1118, Neb. Sup., 2020 Neb. LEXIS 15). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SANTA ANA, Calif. - Calling it a case of first impression, a California appeals court on Jan. 30 held that insurers have the right to appeal a small claims default judgment that was entered against their insureds and directed a lower court to reinstate an automobile insurer's notice of appeal of a $10,000 default judgment entered against its insured over liability for an automobile accident (Pacific Pioneer Insurance Company v. Superior Court of Orange County, et al., No. G057326, Calif. App., 4th Dist., Div. 3). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DOVER, Del.- The Delaware Supreme Court on Jan. 29 reversed and remanded a lower court's ruling that an insurer has a duty to defend and indemnify its insured against underlying lawsuits arising from the death of a high school student, finding that "whether an assault is an 'accident' is determined by the intent of the insured, and not by the viewpoint of the victim" (USAA Casualty Insurance Company v. Trinity Carr, No. 273, 2019, Del. Sup., 2020 Del. LEXIS 38). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 31 affirmed a lower federal court's summary judgment ruling in favor of a commercial property insurer in an insured's breach of contract lawsuit arising from its vandalism claims, finding that the insured made material misrepresentations that contractually relieved the insurer of any potential duty to pay for the claims (American Land Investment Ltd. v. Allstate Insurance Company, et al., No. 19-3317, 6th Cir., 2020 U.S. App. LEXIS 3095). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - A federal judge in Pennsylvania on Jan. 27 declared that a directors and officers liability insurer has a duty to defend its insureds against an underlying shareholder derivative lawsuit, rejecting the insurer's argument that the policy's "related acts" provision and "prior acts" exclusion bar coverage (Robert Vito, et al. v. RSUI Indemnity Company, No. 19-2468, E.D. Pa., 2020 U.S. Dist. LEXIS 14724). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW CASTLE, Del. - A Delaware judge on Jan. 21 held that coverage under an "Advanced Boardroom and Company Protection Policy" applies to the purported "wrongful acts" and any "interrelated wrongful acts" committed by two company officers on or after the date in the policy's retroactive date exclusion (Ferrellgas Partners L.P., et al. v. Zurich American Insurance Company, et al., No. N19C-05-275, Del. Super., 2020 Del. Super. LEXIS 41). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 27 affirmed a lower federal court's dismissal of an insured's lawsuit seeking recovery of more than $100,000 it paid to repair its yacht because an arbitrator already determined that the engine damage "was directly and proximately caused by a lack of required maintenance" (Rick E. Capone v. Atlantic Specialty Insurance Company, No. 19-3760, 6th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CENTRAL ISLIP, N.Y. - A New York federal judge on Jan. 29 admitted testimony from a marine expert for a man seeking insurance coverage for a sunken boat but then awarded summary judgment to the man's insurer anyhow after finding no evidence that it breached his policy (Edward L. Clark v. The Travelers Companies, Inc., No. 2:16-cv-02503, E.D. N.Y., 2020 U.S. Dist. LEXIS 15770). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BALTIMORE - A federal judge in Maryland on Jan. 23 held that an insured's data and software constituted covered property under its business owners insurance policy and that the insured established damage to its computer system "despite its residual ability to function," granting the insured's motion for summary judgment in its lawsuit seeking coverage for its loss arising from a ransomware attack (National Ink and Stitch LLC v. State Auto Property and Casualty Insurance Company, No. 18-2138, D. Md., 2020 U.S. Dist. LEXIS 11411). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - Whether a deaf woman's case alleged intentional discrimination outside insurable limits or unintentional discrimination will come before the Second Circuit U.S. Court of Appeals on Feb. 3 (Brooklyn Center for Psychotherapy Inc. v. Philadelphia Indemnity Insurance Co., No. 19-2266, 2nd Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-3%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A woman severely injured in an alcohol-involved vehicle crash on Oct. 1, 2019, asked the First Circuit U.S. Court of Appeals to rule that a district court erred by not recognizing insurance claims a nightclub assigned to her and by not trebling the value of her claim claims under the state's consumer protection law (Capitol Specialty Insurance Corporation v. Kailee M. Higgins, et al., No. 19-1496, 1st Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Jan. 21 affirmed a lower federal court's ruling in a dispute over prize indemnity insurance coverage for a "hole-in-one" golf tournament contest, finding that the lower court correctly found that the insured did not establish the elements of duty and proximate causation (Old White Charities, Inc. v. Bankers Insurance, LLC, No. 18-1914, 4th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' HOUSTON - A federal judge in Texas on Jan. 21 granted a commercial general liability insurer's motion to dismiss an insured's breach of contract lawsuit seeking coverage for an underlying wrongful death action, finding that the policy's professional services exclusion bars coverage (Project Surveillance Inc. v. The Travelers Indemnity Company, No. 19-03324, S.D. Texas, 2020 U.S. Dist. LEXIS 9383). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals will hear oral arguments Jan. 28 over whether a $1,382,653 judgment stemming from an attorney's margin and day trading of trust funds falls within his policy insuring professional services (Alps Property & Casualty Insurance Co., et al v. Ivan L. Higgerson Sr., et al., No. 18-2245, 4th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' TOLEDO, Ohio - An Ohio appellate panel majority on Jan. 17 partly held that an underlying breach of contract, negligence and product liability lawsuit triggered coverage under a commerical umbrella liability insurance policy, reversing a lower court's ruling in favor of the insurer in a coverage dispute over contaminated glass containers (Motorists Mutual Insurance Co. v. Ironics, Inc., et al., No. WD-19-018, Ohio App., 6th Dist., 2020 Ohio App. LEXIS 109). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FAYETTEVILLE, Ark. - A commercial general liability insurer on Jan. 9 filed suit in a federal court in Arkansas, seeking a declaration that it has no duty to defend or indemnify against an underlying jury verdict that found that its insured was negligent and committed breach of contract by manufacturing defective chicken that was supplied to the New York City School District (NYCSD) (Nationwide Mutual Insurance Co. v. Ozark Mountain Poultry Inc., et al., No. 20-05014, W.D. Ark.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A California appeals panel on Jan. 16 affirmed a lower court's ruling that a commercial liability insurer has no duty to defend or indemnify its insured against underlying claims that it fraudulently procured a patent from the U.S. Patent and Trademark Office (PTO) and used that particular patent to attempt to monopolize the active dopant metrology market, rejecting the argument that it was objectively reasonable for the insured to expect that the policy's "malicious prosecution" coverage extended to this claim (Travelers Property Casualty Company of America v. KLA Tencor Corp., No. H044890, Calif. App., 6th Dist.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RICHMOND, Va. - An insurance company's expert can testify in a coverage dispute for money paid by a company that got duped by a phishing scheme because he meets all of the requirements for an expert witness, a Virginia federal judge held Jan. 15 (Quality Plus Services, Inc. v. National Union Fire Insurance Company of Pittsburgh, Pa., No. 3:18-cv-454, E.D. Va., 2020 U.S. Dist. LEXIS 7337). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' COLUMBUS, Ohio - A federal judge in Ohio on Jan. 17 granted individual defendants' motion to dismiss bad faith and other claims in a lawsuit alleging that they erred in handling the plaintiff's underlying insurance claims, finding that the individual defendants do not have a contractual relationship with the insured and, as a result, "do not have a corresponding personal duty in their individual capacities to act in good faith" (Merrilee Stewart v. The Hartford Financial Services Group, Inc., et al., No. 19-304, S.D. Ohio, 2020 U.S. Dist. LEXIS 8375). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' KANSAS CITY, Mo. - A Missouri appeals court on Jan. 14 held that a lower court did not misapply the law in finding that a professional liability insurer did not violate its duty to defend and was not responsible for a consent judgment between its doctor insured and a medical malpractice claimant (Tracy Lynn Sherman v. Missouri Professionals Mutual-Physicians Professional Indemnity Association (MPM), No. WD82569, Mo. App., Western Dist., 2020 Mo. App. LEXIS 39). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 refused to review the Third Circuit U.S. Court of Appeals' ruling that a commercial general liability insurer has no duty to defend its board of education insured against an underlying lawsuit arising from sexual abusive acts alleged by students against a former teacher, denying the insured's petition for writ of certiorari (Montville Township Board of Education v. Zurich American Insurance Company, No. 19-558, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' JASPER, Ala. - The city of Jasper and employees on Dec. 19 moved for judgment on the pleadings in two Alabama federal court cases, which also name their insurer, over allegations by former jail inmates of sexual misconduct in a jail because the city's civil service board is "not legally cognizable nor endowed with the ability to sue or be sued" (Whitley Goodson v. J.C. Poe, Jr., et al., No. 19-1399, Charity Tessener v. J.C. Poe, Jr., et al., No. 19-01314, N.D. Ala.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - A school district insured recently asked the Eighth Circuit U.S. Court of Appeals to reverse a lower federal court's finding that a math teacher's Equal Employment Opportunity Commission charge and subsequent lawsuit alleging sexual harassment and retaliation constitute a single claim that was "first made" against a school district insured during a 2015 policy period and that there is no coverage because the insured did not timely report the claim (Pine Bluff School District v. ACE American Insurance Company, No. 19-2594, 8th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - An insurer says in a Jan. 10 reply brief to the 11th Circuit U.S. Court of Appeals that a district court should have compelled arbitration in Hong Kong to resolve a claim for bad faith in failing to settle a lawsuit seeking damages for injuries that occurred during a cruise ship excursion (Lynn McCullough, et al. v. AIG Insurance Hong Kong Ltd., No. 19-12100, 11th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-2%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A commercial general liability insurer on Nov. 25 filed its response in the Fifth Circuit U.S. Court of Appeal to an insured's appeal of a lower court's finding that the insurer has no duty to defend against an underlying lawsuit seeking to recover damages purportedly caused by a data breach of the insured's credit card processing system (Landry's Inc. v. The Insurance Company of the State of Pennsylvania, No. 19-20430, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' INDIANAPOLIS - A federal judge in Indiana on Jan. 6 granted a commercial general liability insurer's motion for summary judgment in its declaratory judgment lawsuit, finding that the policy's professional services exclusion precludes coverage for an underlying negligence action arising from a fatal multivehicle accident on an interstate highway (Sentinel Insurance Company, LTD. v. Durham Engineering, Inc., et al., No. 18-00016, S.D. Ind., 2020 U.S. Dist. LEXIS 1278). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - A federal judge in Washington on Jan. 3 held that an insurance policy's employee theft coverage insures bonuses that an insured paid to its employees but does not cover third-party purchases the insured made related to a companywide vacation in a coverage dispute arising from fraudulent representations allegedly made by the insured's former employee (Whitney Equipment Company v. Travelers Casualty and Surety Company of America, No. 18-1634, W.D. Wash., 2020 U.S. Dist. LEXIS 930). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Jan. 3 affirmed a lower federal court's ruling in favor of primary and excess insurers in the insurers' lawsuit disputing coverage for its losses related to four rock falls, rejecting the insured's argument that the dome-outs were caused by "building decay" under the policy (Westchester Surplus Lines Insurance Company, et al. v. Interstate Underground Warehouse & Storage Inc., No. 18-3448, 8th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SACRAMENTO, Calif. - A California appeals panel on Dec. 31 held that an insurance policy's binding arbitration clause applies to a third party, reversing and ordering a lower court to order arbitration of a coverage dispute arising from an underlying injury that occurred at a convention center parking lot (Philadelphia Indemnity Insurance Company v. SMG Holdings Inc., No. C082841, Calif., App., 3rd Dist., 2019 Cal. App. Unpub. LEXIS 8686). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ANNAPOLIS, Md. - The Maryland Court of Special Appeals on Dec. 30 affirmed a lower court's $3,586,997.32 judgment in favor of a nonprofit insured for indemnity coverage for costs incurred in defending and settling underlying claims that it committed criminal acts in prosecuting a lawsuit against the owner of Ringling Brothers and Barnum & Bailey Circus (National Union Fire Insurance Company of Pittsburgh, Pa. v. The Fund for Animals Inc., No. 99, September Term, 2018, Md. App., Md. App. LEXIS 1111). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SEATTLE - The Ninth Circuit U.S. Court of Appeals on Dec. 27 affirmed a lower federal court's ruling that a claim alleging that an insured constructed a beetle-infested log home is barred from coverage by a commercial general liability insurance policy's exclusion for certain damages arising out of the insured's work (Northland Casualty Co. v. Joseph S. Mulroy, et al., No. 19-35085, 9th Cir., 2019 U.S. App. LEXIS 38702). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal court in New York on Dec. 27 entered judgment in favor of an excess commercial general liability insurer three days after a judge found that the policy's media exclusion bars coverage for underlying breach of contract and copyright infringement claims brought against DISH Network Corp. by four major television networks (DISH Network Corporation v. Ace American Insurance Co., No. 16-4011, S.D. N.Y., 2019 U.S. Dist. LEXIS 220512). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' DENVER - A federal judge in Colorado in Dec. 23 affirmed a magistrate's order that granted attorneys and their law firm's motion to transfer the venue of an insurer's legal malpractice lawsuit against them, finding that a federal district court in Georgia is the proper venue because the nature of the insurer's claims arose from the attorneys' provision of coverage advice, which occurred at their law office in Atlanta (Clarendon National Insurance Company, et al. v. Stephanie Glickauf, et al., No. 18-02549, D. Colo., 2019 U.S. Dist. LEXIS 221219). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LAS VEGAS - A federal magistrate judge in Nevada on Dec. 20 dismissed a lawsuit alleging that a commercial general liability insurer wrongfully breached its duty to defend MGM Resorts International and others against more than 4,000 claims arising from the Oct. 1, 2017, mass shooting at the Route 91 Harvest Country Music Festival after the parties stipulated to dismissal of the entire lawsuit (MGM Resorts International, et al. v. Zurich American Insurance Company, No. 19-01051, D. Nev.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 20 affirmed a lower federal court's dismissal of a class action lawsuit brought under the Racketeer Influenced and Corrupt Organizations Act against insurers by two auto body collision shops, finding that the plaintiffs have failed to allege any fraudulent or wrongful conduct to demonstrate that there were predicate acts of fraud and extortion (Crawford's Auto Center, Inc., et al. v. State Farm Mutual Automobile Insurance Company, et al., No. 17-12583, 11th Cir., 2019 U.S. App. LEXIS 37964). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - An insured's refusal to settle cannot be imputed to a professional liability insurer when the policy at issue includes a consent-to-settle provision, the Massachusetts Supreme Judicial Court said Dec. 16 in affirming a trial court's ruling that the insurer did not act in bad faith in failing to settle a lawsuit against its insured (Douglas M. Rawan, et al., v. Continental Casualty Co., No. SJC-12691, Mass. Sup., 2019 Mass. LEXIS 710). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PASADENA, Calif. - The Ninth Circuit U.S Court of Appeals on Dec. 13 rejected a federally authorized au pair program sponsor's argument that California law requires a not-for-profit entity and directors and officers liability insurer to prove that it was prejudiced by the insured's alleged untimely reporting of an underlying lawsuit brought under the Sherman Act, finding that the notice-prejudice rule does not apply to the policy (EurAuPair International, Inc. v. Ironshore Specialty Insurance Company, No. 18-55933, 9th Cir., 2019 U.S. App. LEXIS 36898). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SALT LAKE CITY - A excess insurer on Dec. 2 filed an amended complaint against e-cigarette maker Juul Labs Inc. (JLI) seeking a Utah federal court's declaration that a $5 million liability policy is null and void because of alleged misrepresentations made about the discontinuance of candy-flavored vaping pods and about class actions by injured users (Prime Insurance Company v. Juul Labs, Inc., No. 19-925, D. Utah). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=25-1%20Mealey%27s%20Emerg.%20Ins.%20Disps.%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - An Illinois panel on Dec. 11 affirmed a lower court's finding that insurers have no duty to defend or indemnify an underlying lawsuit alleging that a candy manufacturer violated a confidentiality agreement by using another company's trade secrets to manufacture competing products, finding that the underlying action fails to allege violations or injuries that occured during the policy period (Liberty Mutual Fire Insurance Company, et al. v. Ferrara Candy Company, et al., No. 18-1385, Ill. App, 1st Dist., 3rd Div., 2019 Ill. App. Unpub. LEXIS 2244).