Topic
Every decision we've filed under Insurance.
The Third Circuit denied a pro se petitioner's request for a writ of mandamus, ruling that he failed to meet the high burden required for such an extraordinary remedy. The court held that the District Court's decisions on default judgment, recusal, and dismissal were not subject to mandamus review under established legal standards.
The Fourth Circuit affirmed a district court's bench verdict against Haliron Power LLC, finding no clear error in the lower court's determination that Haliron failed to prove its claims. The appellate court applied a mixed standard of review, deferring to the district judge's factual findings while reviewing legal conclusions de novo.
The Seventh Circuit dismissed an appeal filed by a pro se litigant who failed to argue that the district court lacked subject matter jurisdiction over his claims. The appellate court deemed the appeal frivolous because the appellant did not engage with the court's dispositive determination that his complaints failed to allege violations of federal law or establish diversity jurisdiction.
The Eleventh Circuit affirmed a district court judgment for an insurance company in a statutory bad faith case, ruling that evidentiary exclusions did not prejudice the plaintiff. The court held that a prior jury verdict establishing excess damages was irrelevant to the jury's determination of whether the insurer acted in bad faith.
The Eleventh Circuit affirmed the district court's judgment enforcing a 1994 affordable housing agreement between Florida Housing and the Resolution Trust Corporation. The court held that Florida Housing remains bound to the contractual obligation to rent a specified percentage of units below market price for the agreed 40-year term, despite the purchaser's attempt to terminate the obligation early.
The Eleventh Circuit affirmed a district court ruling that the Parkland High School shooting constituted a single occurrence under the Sheriff's excess liability policy. The court held that the term occurrence was ambiguous under Florida law and must be construed in favor of the insured, triggering coverage after one self-insured retention.
The Seventh Circuit reversed the district court's denial of a motion to certify a question of Illinois law to the state's highest court. The appellate court held that conflicting Illinois precedents regarding permitted industrial emissions create genuine uncertainty about whether such discharges constitute traditional environmental pollution under the Koloms standard.
The Seventh Circuit certified to the Illinois Supreme Court the unsettled question of whether industrial emissions of ethylene oxide discharged pursuant to a regulatory permit constitute traditional environmental pollution under standard commercial general liability policies. The court reversed the district court's judgment and remanded the case to await the state supreme court's resolution of this critical insurance coverage issue.
The Ninth Circuit affirmed the denial of a motion to compel individual arbitration, holding that a consumer was not a 'party aggrieved' when an arbitration provider consolidated thousands of identical filings. The court ruled that the Federal Arbitration Act does not allow a petitioner to challenge procedural consolidation or seek to modify the agreement to force individual arbitration.
The Second Circuit vacated the dismissal of a breach-of-contract claim against McGraw Hill, ruling that the publisher's 'own expense' clause was ambiguous regarding digital distribution costs. While affirming the dismissal of claims related to 'net receipts' definitions, the court remanded the case to allow authors to proceed with allegations that the publisher shifted publishing expenses to them.