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11th Circuit: Plan May Seek Reimbursement From Conservator Of Trust
ATLANTA - The 11th Circuit U.S. Court of Appeals ruled Jan. 15 that ERISA Section 502(a)(3) permits an ERISA plan to seek reimbursement of medical benefits it paid from a special needs trust in the possession of a conservator by suing the conservator directly (Administrative Committee for the Wal-Mart Stores, Inc. Associates’ Health and Welfare Plan v. Joshua Horton, et al., No. 07-10012, 11th Cir.; 2008 U.S. App. LEXIS 757). Full story on lexis.com

Judge: Insurer Not Required To Pay Toward Liquidated Carrier’s Settlement Of Insured’s Action
NEW YORK - An insurer is not obligated to reimburse a carrier in liquidation for any amount that carrier paid toward settlement of an action against a mutual insured, a New York federal judge held Jan. 31 (The Home Insurance Co. in Liquidation v. The Travelers Indemnity Co., No. 05-09107, S.D. N.Y.; 2008 U.S. Dist. LEXIS 7851). Full story on lexis.com

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Judge: Insured’s Ranching Activities Are Covered By 1 Of 2 Policies At Issue
SACRAMENTO, Calif. - A federal judge found Feb. 5 that an insured’s ranching activities are not covered by one plaintiff’s general commercial liability policy, but they are covered by the co-plaintiff’s commercial umbrella liability policy (Steadfast Insurance Co.; and American Guarantee and Liability Insurance Co. v. James Dobbas, et al., No. CIV. S-05-0632 FCD JFM, E.D. Calif.; 2008 U.S. Dist. LEXIS 8399). Full story on lexis.com

Company Ordered To Produce ‘Forensically Sound’ Copies Of Storage Devices
PHILADELPHIA - A federal magistrate judge on Feb. 7 ordered a company to produce “forensically sound” copies of the images of electronic storage devices taken by its forensic expert to determine if the company violated a court order (Bro-Tech Corp., et al. v. Thermax Inc., doing business as Thermax USA Ltd., et al., No. 05-2330, E.D. Pa.; 2008 U.S. Dist. LEXIS 8970). Full story on lexis.com

Court-Martial Opens in Iraq Death
A Soldier testified Feb. 19 that a colleague accused of killing an unarmed Iraqi didn’t know whether he had even shot the victim.

Damage To Property Covered; Repair Costs Not Covered, Judge Rules
INDIANAPOLIS - Costs to repair and replace a defective roof are not covered under a commercial liability policy, an Indiana judge ruled Jan. 10; however, the judge ruled that damage to other property and damages for loss of use are covered under the policy (Selective Insurance Company of the Southeast v. Cagnoni Development L.L.C., et al., No. 1:06-cv-0760, S.D. Ind.; 2008 U.S. Dist. LEXIS 2162). Full story on lexis.com

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