1,029 results for 'nos:"Insurance - Contract"'.
J. Thrash denies the insured's motion to dismiss a declaratory judgment action brought by the insurer seeking an order affirming that it has no duty to defend the insured in an underlying wrongful death and fraud action arising from a decedent's death due to alleged mold exposure. The policy unambiguously excludes coverage for injuries due to mold exposure. The insurer's motion for judgment on the pleadings is denied as premature since the insured has not yet filed an answer.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: May 15, 2024, Case #: 1:23cv4726, NOS: Insurance - Contract, Categories: Insurance
J. Treadwell rules in favor of the insurer in an action seeking a declaration that it has no duty to defend or indemnify the insured in an underlying lawsuit arising after a car it sold caught fire. The insured failed to timely comply with the policy's notice requirements. The insured did not notify the insurer of the accident until almost two years later. Even if the insured had complied with the notice requirements, the policy excludes coverage for fraudulent and dishonest acts, errors or omissions.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: May 15, 2024, Case #: 5:23cv74, NOS: Insurance - Contract, Categories: Insurance
J. Byron awards attorney fees for representation in this class action. The class action arose from insurance coverage "total loss" payments on accident-involved vehicles that did not include taxes and regulatory fees. The Eleventh Circuit’s remand instructions need not disturb hourly rates that this district previously found reasonable for paralegals. Unlike the analysis of the hourly rates for the attorneys, in arriving at the paralegal’s rates, previous awards were expressly considered, while awards outside the district were not considered.
Court: USDC Middle District of Florida, Judge: Byron , Filed On: May 13, 2024, Case #: 6:17cv890, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. King finds in favor of the insurance company on the fraud claim in the insured's complaint alleging that the insurance company must provide more coverage for an accident caused by an underinsured motorist. The insureds' claims for bad faith, negligence, fraud, Insurance Fair Conduct Act and Consumer Protection Act are all time-barred.
Court: USDC Western District of Washington, Judge: King, Filed On: May 13, 2024, Case #: 2:23cv873, NOS: Insurance - Contract, Categories: Fraud, Insurance, Negligence
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J. Bourgeois grants a homeowner’s request of State Farm for policies and procedures for claims adjusters and home inspectors that applied during 2022, the year of hail damage to her property. The homeowner’s original discovery request for the insurer’s documents, from 2020 to present, is overly broad. The homeowner is suing State Farm for bad faith on allegations the insurer failed to provide full payment for hail damage so she was unable to fully repair her home, resulting in leak damages.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 10, 2024, Case #: 3:23cv211, NOS: Insurance - Contract, Categories: Insurance, Damages, Discovery
J. Castañeda partially grants an insurance company’s opposed motion for an order seeking to protect confidential documents during discovery in a dispute with a policyholder over payment from hailstorm damage. While the company has not “demonstrated a specific need” for a general protective order, some of the policyholder’s requests are overbroad, including those seeking information on payments to other policyholders.
Court: USDC Western District of Texas , Judge: Castañeda, Filed On: May 9, 2024, Case #: 3:24cv28, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Vance denies a request by a Michigan-based insurer to dismiss a Louisiana policyholder’s failure-to-cover suit alleging hurricane damage to two separate properties. Because the policyholder has properly alleged all of its claims against the insurer and the amount in controversy is met with respect to one of the two properties, the court has jurisdiction over the entire case.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 7, 2024, Case #: 2:24cv458, NOS: Insurance - Contract, Categories: Evidence, Jurisdiction
J. Traum finds for an insurer on an insured's action seeking coverage for an offroad ATV accident on the presumption the ATV was covered under his homeowner's umbrella policy. Though the same agent handled the umbrella policy as well as the separate ATV policy, nothing in the record indicates the ATV is covered under the umbrella policy or that the insured party was told so.
Court: USDC Nevada, Judge: Traum , Filed On: May 7, 2024, Case #: 3:21cv419, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Curiel finds that the insurance company breached the covenant of good faith and fair dealing when it unreasonably rejected the $15,000 policy limits settlement offered by a motorist who was injured in a car accident caused by the insured. Despite being informed multiple times that the motorist had not been able to work since the accident, the insurance company assessed $0 for lost wages. There was plenty of documentation to show that the motorist would have been entitled to a judgment over $15,000.
Court: USDC Southern District of California, Judge: Curiel, Filed On: May 7, 2024, Case #: 3:23cv777, NOS: Insurance - Contract, Categories: Insurance
J. Africk grants summary judgment to an insurer on an apartment complex owner's breach of contract action related to hurricane damages. The litigant’s claim was premature when it was filed. He concedes he reported the claim to the insurer only nine days before filing the lawsuit, and almost two years after the hurricane. Additionally, despite the insurer’s efforts to contact the apartment complex owner’s counsel to schedule an inspection, the insurer received no response until after the lawsuit had been filed.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: May 6, 2024, Case #: 2:24cv369, NOS: Insurance - Contract, Categories: Civil Procedure, Evidence, Damages
J. Bourgeois denies an insurer's request to compel a property owner to provide more than a one-word denial that it filed separate damage claims two to six months after Hurricane Ida hit Louisiana in 2021. If true, the insurer’s allegations of tardiness would contradict the property owner’s breach of contract suit alleging the insurer failed to pay the amount due within 30 days after receipt of satisfactory proof of loss, as required by state law. The property owner denied both of the insurer’s requests for admissions, and the denials are “sufficient even if they are false.” However, if the insurer ultimately proves the denied matter is true, the property owner may be subject to sanctions.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 3, 2024, Case #: 3:23cv820, NOS: Insurance - Contract, Categories: Civil Procedure, Damages, Discovery
J. Doughty grants unopposed requests by an insurance claims adjuster and an inspection company, dismissing negligence claims filed by a manufacturer of welding products. The manufacturer fails to plausibly allege either business owed it a duty under Louisiana law related to the hiring of the two companies for damage assessments after hurricane-driven rainfall allegedly damaged 10 welding machines. The manufacturer also does not allege any fraud or intentional misrepresentation against either company and does not oppose their dismissal from the suit.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: May 3, 2024, Case #: 1:23cv1103, NOS: Insurance - Contract, Categories: Civil Procedure, Property, Damages
J. Jones orders the insureds to respond to two of the insurance company's interrogatories for the insureds' complaint alleging that the insurance company must fully cover the insureds' underinsured motorist claim. One of the interrogatories is relevant to the case because it deals with employment history and the insureds claim that they lost substantial wages, while the other interrogatory deals with why the insureds think that the insurance company violated the Insurance Fair Conduct Act, and the insureds cannot delegate their duty to respond on their expert witness.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 3, 2024, Case #: 2:23cv420, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Dick grants summary judgment to an insurer, dismissing breach of duty allegations by the estate and family trust of a deceased doctor that allegedly resulted in her cousin being declared the sole beneficiary of the physician’s life insurance policy. The counterclaimants concede the insurer provided the doctor with a change of beneficiary form upon her request, but she never submitted the form. They also concede her cousin was named a contingent beneficiary on the policy.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 3, 2024, Case #: 3:21cv469, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Trusts
J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: Insurance, Negligence, Contract
J. Nye denies in part an employer's and insurer's motion to dismiss a father and employee's allegations of violation of The Mental Health Parity and Addiction Equality Act (MHPAEA) after his son, a beneficiary of the plan, was denied benefits for inpatient and outpatient mental health treatment following the son's suicide attempt. The father "has presented a plausible cause of action that Defendants violated the MHPAEA by requiring more of persons seeking mental health/substance abuse treatment than other medical treatments."
Court: USDC Idaho, Judge: Nye, Filed On: May 2, 2024, Case #: 1:23cv221, NOS: Insurance - Contract, Categories: Erisa, Insurance
J. Cole grants, in part, the insurer's motion for judgment on the pleadings, ruling the policyholder's failure to include in its complaint an allegation that it complied with occurrence notice provisions in the life insurance policy renders its contract claim defective; therefore, the complaint will be dismissed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 1, 2024, Case #: 1:23cv407, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Cartwright grants the hotel partial summary judgment for its claim that the insurance company wrongfully denied the hotel coverage for property damaged caused by water on the basis that the damage occurred before the policy date. Undisputed facts show that some damage happened after the police period began, such as the new instances of interior damage that began in heavily trafficked areas of the hotel, which is enough to trigger coverage.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 30, 2024, Case #: 2:22cv1344, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Africk denies summary judgment to an insurer and its insured homeowners on claims the insurer acted in bad faith by failing to pay for hurricane damages within 30 days upon proof of loss. “Although the question is close,” the facts of the payment at issue are sufficient to create a genuine dispute as to whether the original inspection constituted satisfactory proof of loss.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: April 30, 2024, Case #: 2:23cv377, NOS: Insurance - Contract, Categories: Insurance, Damages
J. Rayes grants an insurance company's motion for summary judgment concerning claims that it has no duty to indemnify a human tissue laboratory owner, who engaged in misuse of donated bodies. The insurance company sufficiently showed in court that the laboratory owner was not insured under the policy at the time he was encouraging people to donate relatives bodies for alleged scientific research.
Court: USDC Arizona, Judge: Rayes, Filed On: April 30, 2024, Case #: 2:21cv1251, NOS: Insurance - Contract, Categories: Insurance, Indemnification