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Bermuda Insurance Litigation Round-Up

October 19, 2010
Endurance American Specialty Insurance Company is being sued for damages of $900,267 in a civil complaint that was filed at the Superior Court for the County of Mecklenburg, North Carolina on July 26, 2010 by Earl Kelley Lane, as Executor

Comcast Corp. sues Bermuda insurers for $14 m in hurricane-related damages

May 9, 2008
Two Bermuda-based firms, Allied World Assurance Company and ACE Underwriting Agencies Limited, are among 13 defendants being sued for $14.7 million by U. S. Comcast Corporation over an insurance claim for damages caused by a hurricane that struck Florida in 2004. The complaint was filed by Pennsylvania-based Comcast Corporation, which is the largest cable television company and second largest Internet Service Provider in the U. S. and also a provider of telephone services, at the U. S. District Court for the Eastern District of Pennsylvania on April 9, 2008. The sole cause of action is breach of contract.

Storage group sues Bermuda insurers over Hurricane Katrina claims

November 11, 2007
Several Bermuda insurers have been named as defendants in a Hurricane Katrina related lawsuit filed in the United States.Safeguard Storage Properties LLC and 36 of its subsidiaries have filed a complaint against Endurance Specialty Insurance Company, Axis Specialty Insurance Co.,

Tyson Foods seeks $113 m in Hurricane Katrina claims

September 10, 2007
Giant meat processor Tyson Foods, Inc. is seeking damages of more than $113 million in litigation and arbitrations against insurers in Bermuda and elsewhere for alleged property damage and business interruption losses caused by Hurricane Katrina on August 29, 2005.Details

Bermuda insurers sued over non-payment of $3.9 m claim regarding Florida fire

July 12, 2007
Two Bermuda insurers are being sued for allegedly refusing to pay a $3.9 million claim concerning a fire at a commercial property in FloridaDetails are contained in a complaint that was filed by Lexington Insurance Company, a Delaware corporation, as assignee of Kimco Kissimmee 613, Inc., and Kimco Kissimmee 613, Inc., a Florida corporation based in New Hyde Park, New York, at the U. S. District Court for the Middle District of Florida on May 18, 2007.

XL and AWAC settle Hurricane Katrina-related lawsuit in Louisiana

February 9, 2007
Two Bermuda insurers have settled a civil lawsuit in which a waste management insured accused them of failure to pay claims stemming from Hurricane Katrina. A stipulation of dismissal was entered on February 5, 2007 in an action that was filed by Waste Management Inc., a Delaware corporation based in Houston, Texas; Waste Management Louisiana LLC, a Delaware corporation based in Baton Rouge, Louisiana; and Waste Management of Mississippi Inc., a Mississippi corporation based in Baton Rouge, Louisiana, against XL Insurance (Bermuda) Ltd., and Allied World Assurance Company Ltd. at the U. S. District Court for the Eastern District of Louisiana on August 25, 2006.

AWAC seeks to avoid contributing $15 m to JP Morgan’s Enron/WorldCom settlements

February 9, 2007
Bermuda-based Allied World Assurance Company Ltd. is seeking to avoid paying $15 million in claims relating to JP Morgan's combined $4.2 billion settlements of Enron and WorldCom litigation. Details are contained in a civil complaint that was filed by AWAC against Boston-based Lexington Insurance Company at the U. S. District Court for the District of Massachusetts on January 16, 2007.

Sears accuses Bermuda insurers of ‘frustrating’ claims for hurricane losses

January 7, 2007
United States-based retail giant Sears is suing insurers in Bermuda and elsewhere for allegedly frustrating the processing and payment of “enormous” claims stemming from Hurricane Katrina in 2005. Sears Holdings Corporation, a Delaware corporation based in Hoffman Estates, Illinois, filed a civil complaint at the Circuit Court of Harrison County, Mississippi Second Judicial Court on August 25, 2006, with the case being transferred to the U. S. District Court for the Southern District of Mississippi on December 18, 2006.

AXIS subsidiary broke Katrina law, claims New Orleans university

September 7, 2006
A U. S. subsidiary of Bermuda based AXIS Capital Holdings Limited has been accused of illegally slashing flood insurance coverage for a New Orleans university in the wake of Hurricane Katrina.Axis Specialty Insurance Company, which is incorporated and based in

Bermuda insurers seek to recover $10 m payout for Las Vegas casino fire

June 7, 2006
Three Bermuda insurers are seeking to recover a $10 million insurance pay-out from contractors they blame for a fire that closed the Bellagio hotel and casino in Las Vegas for four days in 2004. Everest Reinsurance (Bermuda) Ltd., Allied World Assurance Company Ltd., both incorporated and based in Bermuda, and Arch Insurance Group, incorporated in Bermuda, based in New York, filed a civil lawsuit at the U. S. District Court for the District of Nevada on May 4, 2006. Co-plaintiffs are Lexington Insurance Company, incorporated in Delaware, based in Boston, Massachusetts; and Westchester Surplus Lines Insurance Company, incorporated in Georgia, based in Philadelphia, Pennsylvania.

Bermuda firm seeks to avoid coverage

August 4, 2005
A Bermuda-registered firm is seeking a court declaration that it is not liable for insurance claims arising from a collision between a train and a car in Louisiana in 2001.Details are contained in a civil complaint that was filed at the U. S. District Court for the District of Vermont on July 11, 2005.