1,029 results for 'nos:"Insurance - Contract"'.
J. Fitzwater finds that an insurance company’s claim that it is entitled to recission of a policy because the policy holder misrepresented circumstances related to a building damaged by a tornado cannot be decided at summary judgment. Whether or not the policy holder misrepresented the circumstances of the damage must be determined at trial. The insurance company’s motion for summary judgment is denied.
Court: USDC Northern District of Texas , Judge: Fitzwater, Filed On: April 26, 2024, Case #: 3:20cv3718, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Immergut grants the insurance company's motion to compel arbitration in the insured's lawsuit alleging that the insurance company wrongfully disagreed with the value of the insured's claim for the injuries she sustained while pregnant during an accident with an at-fault, underinsured motorist. The insured implicitly agreed to arbitration when her demand letter stated that she “demands, consents, offers and commits to arbitration," so no new consideration is required. The insured also limited her ability her recovery attorney fees when she instituted arbitration proceedings.
Court: USDC Oregon, Judge: Immergut, Filed On: April 26, 2024, Case #: 3:24cv25, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Attorney Fees
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J. Kugler allows plaintiff to continue claims challenging an insurer's decision to lower the actual cash value for a vehicle involved in an accident because the appraisal report listed a price higher than the amount the insured received for the vehicle.
Court: USDC New Jersey, Judge: Kugler , Filed On: April 26, 2024, Case #: 1:22cv6228, NOS: Insurance - Contract, Categories: Insurance
J. Carlos grants an insurance company’s motion for default judgment stating that it has no duty to defend or indemnify a construction company in an underlying state court matter in which a worker was severely injured when the below-ground-level trench collapsed on him. The construction company eventually stopped all communication with its counsel, opposing counsel, and the court, supporting an entry of default judgment.
Court: USDC Eastern District of Pennsylvania, Judge: Carlos, Filed On: April 26, 2024, Case #: 2:22cv4936, NOS: Insurance - Contract, Categories: Insurance, Tort, Indemnification
J. Hall grants the insurer's and the beneficiaries' joint motion for discharge, dismissal and disbursement of $87,000 in interpleader funds to the new primary beneficiary in a life insurance dispute. Judgment is entered in favor of the insurer against the initial primary beneficiary as to the interpleader relief and in favor of beneficiaries on their crossclaim. The initial primary beneficiary failed to respond to the action or the crossclaim. There is no evidence the decedent was incompetent at the time he executed a third change of beneficiary request form, therefore the form is valid and the new primary beneficiary is entitled to the funds.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 26, 2024, Case #: 1:23cv63, NOS: Insurance - Contract, Categories: Insurance
J. Hall grants the insureds' motion to exclude certain costs from the insurer's bill of costs after a ruling in the insurer's favor was entered in a breach of contract action. Costs for e-discovery processing, data hosting fees, vendor research, postage, copying and document loading fees are not taxable. The clerk is ordered to tax costs in the amount of $883 against the insureds.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: April 26, 2024, Case #: 1:21cv19, NOS: Insurance - Contract, Categories: Civil Procedure, Contract
J. Norris grants in part the competing motions for summary judgment in this lawsuit concerning coverage under an insurance policy. The underlying matter involves a former employee's alleged violation of the plaintiff paper company's conflict of interest policy and the subsequent settlement agreement. The plaintiff paper company's motion is granted as to certain affirmative defenses asserted by the defendant insurance company.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: April 25, 2024, Case #: 2:22cv2789, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Smith denies the insurer’s motion for summary judgment in this insurance dispute stemming from an uninsured motorist claim related to a collision involving the insured vehicle caused by another vehicle driver that fled the scene in Texas. The insurer argues the policy does not cover hit-and-runs in another state because the insured misrepresented the fact the vehicle would be garaged in Alabama and failed to timely provide the change in garaging. There is a genuine issue of material fact on if the policy was void from the beginning and that the evidence presented by the insurer fails to show that the vehicle was not at the policy’s garaged location.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 25, 2024, Case #: 5:23cv934, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Cooper grants the employer's motion for partial summary judgment and denies the employee's motion for summary judgment in a suit alleging that the employee reneged on an obligation to return a bonus when she left her role as the employer's subsidiary's president. The pay schedule provisions of the employee's bonus contract is enforceable, and the employee breached them by failing to return an accelerated payment. The doctrine of unclean hands also does not apply in this case. The employer's request for fees incurred in summary judgment briefing as a sanction for the employee's litigation conduct is denied.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 23, 2024, Case #: 1:22cv2574, NOS: Insurance - Contract, Categories: Employment, Choice Of Law, Contract
J. Copenhaver grants the insurance carrier’s motion for summary judgment in the property management company's suit seeking declaratory judgment the carrier was obligated to defend it in a counterclaim Union Carbide filed against the company claiming it bore partial responsibility for damage to not only its property, but also the nearby Davis Creek Watershed from the run-off of toxic chemicals. Since the company has failed to not only prove the existence of a policy from 1987 through 2005, but also any of the policy's material terms, the carrier has no duty to defend or indemnify it.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: April 23, 2024, Case #: 2:22cv135, NOS: Insurance - Contract, Categories: Insurance, Business Practices, Contract
J. Brennan denies the insurer's motion to compel discovery and the completion of an appraisal of reconstruction costs for the apartment building, ruling language in the parties' contract renders any appraisal signed by both parties final and binding. Therefore, the insurer cannot challenge any costs included in the appraisal, which was completed by an independent panel and signed by both parties.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 23, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. Young grants the insurance company's motion to dismiss an indemnification suit. The transport manager hired to haul construction equipment suffered an injury offloading when the site supervisor improperly used a Bobcat to take heavy amounts of rebar off a truck bed. The improper use, failing to lower the hydraulic lift cylinder to balance the weight of the load, caused the Bobcat to tip over, releasing the stack of rebar onto the manager. This caused a fractured left ankle, a fractured arm requiring surgery and permanent crush injuries to his left foot. The manager's insurance policy covered incidents from the insured tractor-trailer, not the Bobcat.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: April 23, 2024, Case #: 3:23cv67, NOS: Insurance - Contract, Categories: Construction, Insurance, Indemnification
J. Tostrud partially grants the insurer's motion for summary judgment in the homeowners' association's suit seeking reimbursement for the cost to replace undamaged, non-color-matching siding on buildings damaged by hail. There is no genuine dispute of material fact that the association did not actually and necessarily spend more than the value of its loss, and it filed suit more than two years after providing notice of its claim, precluding pre-award interest. An appraisal panel's award and subsequent clarification on the issue of whether the association is entitled to matching costs for the siding were ambiguous, so that issue remains live.
Court: USDC Minnesota, Judge: Tostrud, Filed On: April 22, 2024, Case #: 0:22cv2027, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Whitney orders a car insurance company and a driver who was injured in a collision in 2018 to submit supplemental briefs detailing whether the court should exercise its jurisdiction to resolve a policy coverage dispute in North Carolina or wait until an underlying suit in South Carolina is resolved. The collision occurred in South Carolina. Although the insurance of the driver at fault paid out according to its limit of $100,000 on the injured driver’s claim, he alleges that the costs of treatment for his injuries exceed this amount. The insurance company claims the injured driver is not entitled to additional coverage under its uninsured motorist policy because he failed to comply with certain notice provisions under North Carolina state law and the uninsured motorist policy. Thus, both parties must submit supplemental briefs to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 22, 2024, Case #: 3:23cv28, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Dever denies an electric company’s motion for judgment on the pleadings for breach of contract allegations it brought against its insurance firm after the company’s owner crashed his boat into another, killing three people. The owner, who was not engaged in business while driving his boat intoxicated, was not covered in this case because the insurance only applies to his business endeavors. For the same reason, the estates of the three people who died fail in their attempt to sue the firm for damages and funeral expenses.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 7:22cv78, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Cain denies an insurer's request for sanctions of attorney fees against a lawyer and his law firm for suing the insurer after the insurer had settled a property owner’s hurricane damage claim with other counsel. The lawyer and his firm acted in bad faith throughout the litigation and sanctions are appropriate. However, because the proof of billing hours submitted by insurance counsel are inadequate, insurance counsel are allowed time to support the reasonableness of the fees sought.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 19, 2024, Case #: 2:22cv3375, NOS: Insurance - Contract, Categories: Sanctions, Attorney Fees
J. Rosenthal finds for an insurance company on its claim against another insurer for the $1 million it paid to settle a car collision case, along with $169,000 in attorney fees and costs. The other insurer's policies completely cover the settlement at issue.
Court: USDC Eastern District of California, Judge: Rosenthal, Filed On: April 19, 2024, Case #: 1:18cv1319, NOS: Insurance - Contract, Categories: Insurance, Settlements, Attorney Fees