59 results for 'cat:"Property" AND cat:"Damages"'.
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. Stark finds the circuit court properly found in favor of the town in the homeowners' lawsuit seeking damages for flooding on their property they say was caused by the town's negligent repairs to a neighboring highway. The homeowners' claims are barred and preempted by the relevant statutes related to claims against municipalities over flooding caused by highway construction, in part because some of their claims, including for inverse condemnation, were untimely under one statute's three-year statute of limitations. The circuit court's summary judgment ruling in favor of the town stands, as does its dismissal of the homeowners' lawsuit with prejudice. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Stark, Filed On: December 5, 2023, Case #: 2022AP001567, Categories: Municipal Law, property, damages
J. Flynn finds the Appeals Court erred by reversing the trial court’s limited judgment because the law firm clients’ losses were purely financial. “The legislature intended the phrase 'negligent injury to person or property'…to include negligence claims seeking to recover for the kind of injury to economic interests that plaintiffs have alleged.” Reversed.
Court: Oregon Supreme Court, Judge: Flynn, Filed On: November 28, 2023, Case #: S069442, Categories: property, damages, Negligence
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J. Christopher finds that the lower court improperly held that the insurer, the victim of fraud, may only record the abstract of a lien on a $10 million restitution order. The Mandatory Victims Restitution Act provides a mechanism by which a private victim may enforce such a lien, so the insurer may seek to compel the sale of the fraudster's interest in a home. Reversed.
Court: New York Appellate Divisions, Judge: Christopher, Filed On: November 1, 2023, Case #: 05503, Categories: property, damages
J. Riggs grants, in part, the oil and gas companies' motion to dismiss, ruling the property owner does not state a plausible claim for ejectment because the oil companies did not possess the land on which they allegedly trespassed. However, the eight notices sent by the owner to the companies about their continued trespass with vehicles and through the construction of fences clearly made management aware of the trespassing and allows the claim for punitive damages to proceed.
Court: USDC New Mexico, Judge: Riggs, Filed On: October 30, 2023, Case #: 2:23cv257, NOS: Torts to Land - Real Property, Categories: property, Tort, damages
J. Lazarus finds that the lower court properly dismissed a homeowner’s claims against a home inspection company she says failed to discover issues with her home’s foundation at the time of inspection. The homeowner’s claims against the company under the Home Inspection Law are time-barred. Affirmed.
Court: Pennsylvania Superior Court, Judge: Lazarus, Filed On: October 30, 2023, Case #: J-A18026-23, Categories: property, damages, Contract
J. Clark finds that while the Department of Transportation provided expert testimony to rebut evidence of diminished value provided by the property owner's expert witness, the trial court properly increased the damages awarded for appropriation proceedings. The owner's expert established a legitimate foundation for the diminished value, including construction traffic and noise that impeded customers and made the property less desirable to potential tenants. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: September 29, 2023, Case #: AC45523, Categories: property, damages, Experts
J. Simon awards the landlord an additional $1.5 million in damages for expenses related to installing a second freight elevator, repairing the plumbing on the upper floors and repairing the air conditioning on the third floor, which relates to Ross' complaint that the landlord refused to authorize Ross' construction plans to separate the basement of two downtown Portland buildings with a dividing wall. Oregon's economic waste doctrine applies to the landlord's "hard cost" claims, because in the trial it presented persuasive evidence that its "general contractor costs" of 31.5% hard costs plus "soft costs" of 16% hard costs.
Court: USDC Oregon, Judge: Simon, Filed On: September 29, 2023, Case #: 3:14cv1971, NOS: All Other Real Property - Real Property, Categories: Evidence, property, damages
J. Casper denies an insurance company's motion for a declaratory judgment, against a fuel company and a class of claimants who received fuel from it containing more than five percent diesel between 2012 and the present, stating there is no coverage under its commercial general liability (CGL) policy. The insurance company has a duty to defend the fuel company against any claimants who didn't start experiencing property damage from the fuel they purchased from it until after the CGL took effect.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 21, 2023, Case #: 4:22cv10517, NOS: Insurance - Contract, Categories: Insurance, property, damages
J. Tenney finds that the trial court had discretion to deny homeowners the attorney fees they sought after the trial court dissolved a temporary restraining order on their construction project due to inaction by a homeowners' association. A reasonable person could find that the injunction halting their project for nonconformance with CC&Rs was not wrongful. However, the trial court must consider whether they are due attorney fees under a prevailing party provision in the CC&Rs. Reversed in part.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: September 21, 2023, Case #: 20220356-CA, Categories: property, damages, Attorney Fees
[Consolidated.] J. Siler finds the lower court properly denied the property owner's request for the fair market value of his home after it ruled in his favor on an unlawful takings claim against the county. Supreme Court precedent in Tyler v. Hennepin County allows the owner of a foreclosed home sold at auction to recover only the difference between the sale amount and the owner's debt. Affirmed.
Court: 6th Circuit, Judge: Siler, Filed On: September 6, 2023, Case #: 21-1248, Categories: property, Real Estate, damages
J. Trauger grants the dismissal motions filed by the town and the county defendants in this lawsuit alleging that a home was damaged during the execution of an arrest warrant, specifically when cannisters of tear gas were fired into the house. The owners contend that the house had to be taken "down to the studs to repair the damage," and they now claim that they are due "just compensation" under the Fifth Amendment and Section 1983. However, the police officers' actions were "a valid use of their police power," and they did not constitute a taking under the Fifth Amendment.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: August 24, 2023, Case #: 3:23cv57, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, property, damages
J. May finds that the trial court improperly ruled in claims brought by the homeowners association after residents removed 50 pavers from a common area and used them in their own driveway because the court awarded the association more than the fair market value. Reversed in part.
Court: Florida Courts Of Appeal, Judge: May, Filed On: August 23, 2023, Case #: 4D22-2830, Categories: property, damages, Conversion
J. Shin partially vacates and remands a decree which would split proceeds from the sale of an estate property equally between its co-owners, who are siblings and the children of the deceased former property owner. One of the siblings damaged the property and this should be factored into how the proceeds are split.
Court: Massachusetts Court Of Appeals, Judge: Shin, Filed On: August 22, 2023, Case #: 22-P-459, Categories: property, Real Estate, damages
J. Doughty denies summary judgment to an insurance company for an oil and gas exploration company, finding that the insurer has not demonstrated that the exclusions it cites in its commercial liability policy actually applies to the facts of the property owner’s land contamination case. Therefore, because an issue of material fact exists, summary judgment is denied.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: August 11, 2023, Case #: 3:21cv1070, NOS: Torts to Land - Real Property, Categories: Environment, property, damages
J. Green reverses and remands summary judgment against a couple by the town the couple sued. The prior judge determined that the couple did not include an expert opinion in their evidence that the town was unreasonable in its failure to prevent their improvements to the road abutting the couple’s property from causing flooding and erosion of their property, but the couple established that the town interfered unreasonably and substantially with their use and enjoyment of their property, and did not need an expert to do so successfully.
Court: Massachusetts Court Of Appeals, Judge: Green, Filed On: August 10, 2023, Case #: 22-P-641, Categories: Evidence, property, damages
J. Byrne finds that the trial court improperly ruled against a construction firm in a breach of contract case brought by a homeowner alleging that it improperly built a retaining wall on the property. The construction firm was not a party named in the contract signed by the homeowner; therefore, it cannot be held liable for the breach of contract claims. Reversed.
Court: Texas Courts of Appeals, Judge: Byrne, Filed On: August 9, 2023, Case #: 03-22-00457-CV, Categories: property, damages, Contract
J. Hamilton finds that the lower court improperly dismissed a man's suit stemming from the village's acquisition of his property to use as a municipal park. While the man's house is gone and cannot be recovered, he may still seek due process damages if he can prove the village failed to provide required pre-deprivation notice and an opportunity to be heard. Reversed.
Court: 7th Circuit, Judge: Hamilton, Filed On: August 2, 2023, Case #: 22-3065, Categories: Municipal Law, property, damages
J. Tapp denies the parties summary judgment in claims concerning the method with which damages were assessed in this rails-to-trails takings claim. Property owners may offer expert testimony concerning how future ease of the easement would effect market value.
Court: Court of Federal Claims, Judge: Tapp, Filed On: August 2, 2023, Case #: 16-912, Categories: property, damages
J. Egan finds that the lower court improperly held that a prescriptive easement allowed plaintiff to use a road to access his land because plaintiff failed to establish hostile use of the road for 10 years between himself and the previous owner. However, the owner of the surrounding property should only receive $1 for trespass because a firm damages amount had not been established for a section of the road that had been dug up. Reversed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: July 20, 2023, Case #: 536119, Categories: property, damages
J. Devaney finds that the circuit court properly awarded damages to an airplane owner. The airplane was damaged when an individual sought rental of the aircraft and expressed interest in learning how to fly and assured the owner that he had insurance, which he did not possess. The individual failed to get the plane to an adequate takeoff speed and crashed into a ravine. The panel determined it had jurisdiction and affirmed on the merits of the matter. Affirmed.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: July 12, 2023, Case #: 2023SD34, Categories: Insurance, property, damages
J. Moore finds that the court of federal claims improperly ruled in takings claims brought by farmers stemming from recurrent flooding because the farmers were improperly denied damages for lost crops. Reversed in part.
Court: Federal Circuit, Judge: Per curiam, Filed On: June 16, 2023, Case #: 21-1849, Categories: property, damages
J. Gallagher denies an electronics company’s motion to dismiss for lack of personal jurisdiction in this lawsuit filed by a religious group over property damage caused by an allegedly defective laptop catching fire. Because this is the second motion to dismiss the company has filed, and it did not object to personal jurisdiction in the first, the motion must be denied.
Court: USDC Eastern District of Pennsylvania, Judge: Gallagher, Filed On: June 14, 2023, Case #: 5:22cv2600, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: property, damages, Jurisdiction