Declaratory Relief

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A federal court recently denied an insurer’s motion to dismiss an insured’s claim for declaratory relief. The insurer argued that the policyholder’s declaratory judgment claim was redundant of its breach of contract claim. The Court ruled that “redundancy is not grounds for dismissal under Rule 12(b)(6).”

In The United Church of Marco Island, Inc. v. Lexington Insurance Company , the policyholder, The United Church of Marco Island, Inc., fell victim to a $1.2 million fraud after a series of emails impersonating church officials and a Registered Financial Advisor who had a relationship with the Church resulted in the Church sending funds to an “illicit bank account.” The Church was able to recover $600,000 and sought coverage under its Commercial Crime Policy issued by Lexington Insurance Company for the remaining $600,000.
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Continue Reading Insurer Can’t Dismiss Church’s Claim for Declaratory Relief

A California state court recently rejected an excess insurer’s attempt at an early exit from litigation over whether it owes coverage for cyber liabilities. In that case (previously summarized here), the policyholder, Cottage Health, suffered a data breach resulting in the disclosure of patients’ private medical information. Subject to a reservation of rights, Cottage Health’s primary insurer, Columbia Casualty, paid millions of dollars to help respond to the data breach and to defend and settle a class action lawsuit filed against Cottage Health. Cottage Health’s excess insurer was Lloyd’s.
Continue Reading Excess Insurer Must Stay In Cyber Insurance Case