96 results for 'cat:"Insurance" AND cat:"Property"'.
J. Russell grants a title insurance company’s motion to dismiss this titling insurance dispute brought by developers. The insured developers allege three residential lots they had title to were complied with the zoning code. A neighbor filed a claim alleging the property could not be developed as envisioned under the city’s zoning law; the title company then refused to defend the marketability of the developers’ title, so the property could not be sold at a profit. The court finds the insurance claim is not covered by the policy. Therefore, the insureds’ cross-motion for partial summary judgment is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:23cv1877, NOS: Insurance - Contract, Categories: insurance, property
J. Wise finds that the trial court properly sided with the insurance companies in a dispute with a college over the lack of coverage for its losses allegedly resulting from Covid-19. The losses fall under the scope of the policy's exclusion, which identifies "virus" as a "pollutant or contaminant" that is not covered. Affirmed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: February 6, 2024, Case #: 14-22-00145-CV, Categories: insurance, property, Contract
J. Steele grants, in part, the insurer’s motion for summary judgement on claims related to contract and bad-faith denial of coverage for property damage caused by Hurricane Sally. The condominium association failed to provide requested information within the required time period or to establish any violations of the policy. Therefore, the contract claims are dismissed.
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: February 5, 2024, Case #: 1:22cv495, NOS: Insurance - Contract, Categories: insurance, property, Damages
J. Rosenthal denies, in part, an insurer's motion to dismiss a homeowner's claims arising from a coverage dispute for storm-related damage. The homeowner sufficiently alleges his breach of contract claim and a claim related to an allegedly unexplained incomplete payment made by the insurer.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: February 5, 2024, Case #: 4:23cv1897 , NOS: Insurance - Contract, Categories: insurance, property, Contract
J. Dever denies a homeowner couple’s motion for summary judgment after Hurricane Florence damaged their house, causing water damage that a contractor valued over $240,000. State Farm covered only $66,000 of their claim because the existence of vapor barriers within the walls could have caused further damage after the hurricane ended, which State Farm claims its policy does not cover. The couple argues the policy should cover all damage including that sustained as a result of the vapor barriers, thus, there is an unresolved issue of material facts.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: February 2, 2024, Case #: 4:21cv146, NOS: Insurance - Contract, Categories: insurance, property, Contract
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J. Saylor partially denies a manufacturer's motion to dismiss the claims filed against it by the subrogee of a property owner whose property was damaged when a water supply line, made by the manufacturer and installed on the adjacent property, allegedly cracked. The subrogee sufficiently alleges its implied warranty claim.
Court: USDC Massachusetts, Judge: Saylor, Filed On: January 26, 2024, Case #: 1:23cv10679, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: insurance, property, Warranty
J. Godbey finds for an insurer on a couple's coverage dispute arising from storm damage to their home. They provided no experts to attest to the estimated value of repairs to support their contract claim, nor can they show bad faith, as they fail to show the insurer's estimates were unreasonable.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: January 25, 2024, Case #: 3:22cv1367, NOS: Insurance - Contract, Categories: insurance, property, Contract
J. Blane grants an engineering company dismissal of claims brought after plaintiff was denied insurance coverage for hail damage sustained to his roof because damages were purely economic, and the economic loss doctrine barred recovery claims from being brought against the engineering firm. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: January 24, 2024, Case #: 22-1861, Categories: insurance, property, Negligence
J. Whitehead denies the property owners' motion to dismiss the insurance company's attempt to seek a declaration that it has no duty to defend or indemnify Miggy Mover LLC or its owner in an underlying lawsuit brought by the property owners, who claim that Miggy Mover wrongfully withheld their belongings in a storage unit instead of delivering the belongings to the new home. The insurance company adequately pleads its case because it only seeks relief in the form of a declaration of no duty to defend or indemnify, which allows this case to remain in federal jurisdiction.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 23, 2024, Case #: 2:23cv510, NOS: Insurance - Contract, Categories: insurance, property, Jurisdiction
J. Dawson grants Fidelity's motion to dismiss this title insurance policy dispute after a lender submitted a title insurance claim, which was denied. Fidelity title group asserts no control over Fidelity title insurance, and the lender has not established jurisdiction over the title group.
Court: USDC Nevada, Judge: Dawson , Filed On: January 19, 2024, Case #: 2:20cv1955, NOS: Insurance - Contract, Categories: insurance, property, Contract
J. Pena finds the trial court properly entering a declaratory judgment that a stepdaughter was not responsible for anything but one half of the insurance premiums regarding a jointly owned property. “The trial judge is not constrained to enter judgment only in a form specified by one of the parties, because in addition to conforming to the pleadings, the judgment must also reflect a correct application of the law.” Therefore, the stepfather’s allegation the trial court erred in granting the judgement in absence of the stepdaughter during pleadings is overruled. Affirmed.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: January 18, 2024, Case #: 13-22-00033-CV, Categories: insurance, property
J. Vratil partly grants a property company's motion for summary judgment on negligent misrepresentation claims against an insurance company. The property company sufficiently showed in court that the insurance company's adjuster represented that he would combine claim adjustments in order to move ahead on bids for repairs.
Court: USDC Kansas, Judge: Vratil, Filed On: January 16, 2024, Case #: 2:22cv2161, NOS: Insurance - Contract, Categories: insurance, property
J. Zilly grants the insureds summary judgment for their claim that the insurance company cannot rely on the vandalism exclusion in the insurance policy to deny the insureds losses from theft of "fixtures, utilities, appurtenances, systems and furnishings." The insurance company asserts that the policy's vandalism exclusion applies because the property was vacant for over 30 consecutive days before the loss, but it offers no basis for why it can deny coverage for any personal property, which includes the washer, dryer and other stand-alone appliances.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 28, 2023, Case #: 2:22cv1174, NOS: Insurance - Contract, Categories: insurance, property, Contract
J. DuBow finds that the lower court improperly entered summary judgment in favor of a salon in this action against an insurance company regarding whether the tenant is considered a co-insured on its landlord’s fire insurance coverage. The salon had no reasonable expectation that it was a “co-insured” on the policy according to the lease. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 26, 2023, Case #: J-A21017-23, Categories: Civil Procedure, insurance, property
J. Rice grants the homeowners' motion to remand their case to the Spokane County Superior Court, as their lawsuit accuses the interstate insurance exchange of wrongfully denying full coverage for the homeowners' claim for damage caused by sewage water flooding the entire lower level of their home. The interstate insurance exchange's office is located in Texas, but because it is an interstate insurance exchange structured as an unincorporated association, its diversity is not complete. The homeowners residence in Washington state helps justify remanding their case to the Spokane County Superior Court.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: December 19, 2023, Case #: 2:23cv294, NOS: Insurance - Contract, Categories: insurance, property, Jurisdiction
J. Dillon grants declaratory judgment to the insurance company, clarifying that it is not obligated to provide coverage. A woman contracted with the recovery service to clean, repair and store her personal property following a water loss at her residence. Later she claimed that they had damaged and lost much of her property. The recovery service did not give the insurance company prompt notice of the woman's claim as required by their contract.
Court: USDC Western District of Virginia, Judge: Dillon, Filed On: December 18, 2023, Case #: 5:23cv29, NOS: Insurance - Contract, Categories: insurance, property, Contract
J. Rosenthal finds for an insurer on a property management company's coverage dispute arising from a roof leak. The company fails to show the leak was caused by a storm, rather than rot, wear and tear, and a pile of pine needles, which are not causes covered by the policy.
Court: USDC Southern District of Texas, Judge: Rosenthal, Filed On: December 13, 2023, Case #: 4:22cv4128, NOS: Insurance - Contract, Categories: insurance, property
Per curiam, the court of appeal finds that the trial court improperly dismissed property damage claims brought against an insurer because the homeowner failed to comply with the pre-suit requirements. This case is remanded back to the court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 11, 2023, Case #: 6D23-1190, Categories: insurance, property
J. Huffaker grants summary judgment in favor of the insured and equipment owner in this insurance coverage dispute. The insurer claims a 2016 cotton picker machine is not covered under the scheduled property provision of the policy. The insured is entitled to the coverage benefits under the property provisions by clearly written in the policy and the insurer must pay the remaining claim due of $463,356.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: December 6, 2023, Case #: 2:22cv465, NOS: Insurance - Contract, Categories: insurance, property, Damages
J. Chuang denies a title insurer’s motion to dismiss counterclaims brought in this bad faith insurance dispute over a septic system easement by the property owners. The owners argue the insurer failed to disclose a conflict of interest of fiduciary duty when the case was in the circuit court. There is no specific precedent of a bad faith claim under the present circumstances.
Court: USDC Maryland, Judge: Chung, Filed On: November 14, 2023, Case #: 8:22cv3094, NOS: Insurance - Contract, Categories: insurance, property, Fiduciary Duty
J. Traver finds that the trial court improperly found for homeowners in claims seeking insurance coverage for property damage because the policy did not cover the costs to tear out and fix the concrete slab to repair the plumbing system. The policy endorsement applied for the water damage loss because the corrosion was an “an act of nature,” but it does not cover the tear out and replacement cost. It is remanded for entry of an amended final judgment on the tear out and replacement costs. All other arguments are moot. Reversed.
Court: Florida Courts Of Appeal, Judge: Traver, Filed On: November 9, 2023, Case #: 6D23-492, Categories: insurance, property
J. Whitehead grants the insurance company partial summary judgment against the real estate investors' lawsuit alleging that the insurance company wrongfully denied their claims for damaged stormwater drainage systems. The 2010 and 2011 notices and the 2001 and 2004 covenants are excluded from coverage under the policy, because the real estate investors knew that the property experienced significant storm drain issues but they continued with the purchase, thus agreeing to the risk of loss, costs and expenses from the property's drainage system.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: November 8, 2023, Case #: 2:23cv584, NOS: Insurance - Contract, Categories: insurance, property, Contract
J. Jolivette Brown grants summary judgment to an insurance company and against the owner of an aircraft on his breach of contract claim, arising from hurricane damage to his plane which crashed three months later while en route to scheduled repairs from the storm, destroying the aircraft and killing the pilot. The insurer successfully argued it paid the plane’s owner the full policy amount of $65,000, the agreed value of the aircraft, following the crash. The owner does not dispute that additional payment for the hurricane’s damages to the aircraft would constitute impermissible double recovery. The ruling does not address the plane owner’s additional claims of negligence, bad faith or breached duties as the insurer’s request is limited only to further payment for property damage to the aircraft under its policy.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: November 7, 2023, Case #: 2:23cv678, NOS: Insurance - Contract, Categories: insurance, property, Aviation
J. Bumb declines to distribute funds to a hotel company in claims contending the insurer failed to distribute settlement claims stemming from two fires due to municipal liens against the properties. Granting the motion would preempt the overall resolution of claims disputing the validity of liens filed against Atlantic City, and evidence does not indicate counsel fees and costs have priority over municipal liens.
Court: USDC New Jersey, Judge: Bumb , Filed On: November 6, 2023, Case #: 1:19cv16339, NOS: Other Contract - Contract, Categories: insurance, property, Settlements