1,942 results for 'cat:"Insurance"'.
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
Per curiam, the appeals court finds the trial court improperly granted a motion to enforce a settlement agreement in a lawsuit over injuries a motorist sustained in a car collision. Because the insurance company of the driver who injured the motorist did not disclose an additional policy held by the driver's co-defendant before the motorist settled, an essential term of the motorist's offer to settle was violated, making the underlying settlement unenforceable. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1749, Categories: insurance, Settlements
J. Klappenbach finds the board of review improperly found the unemployment benefits recipient was disqualified from receiving benefits because she refused to accept an offer of work. The recipient applied for benefits after being laid off from Family Dollar. She was the only witness, denying she was offered a job, saying she had gone to an interview to discover the job she interviewed for was not the for which she had applied. Substantial evidence does not support the board's decision. Reversed.
Court: Arkansas Court Of Appeals, Judge: Klappenbach , Filed On: May 1, 2024, Case #: E-23-135, Categories: Employment, Evidence, insurance
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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. Gooch finds that the lower court properly found for the title insurer in a suit filed by property purchasers who claim it is obligated to defend them in a suit against the city over the use of a barn constructed on the property by previous owners without a permit. The insurer's actual knowledge of the city's lawsuit prior to the effective date of the title policy does not trigger coverage because court records are not included as the kind of records required for the insurer to review and alert the buyers prior to the property's sale. Affirmed.
Court: Missouri Supreme Court, Judge: Gooch, Filed On: April 30, 2024, Case #: SC100238, Categories: insurance, Property
J. Vos finds a lower court properly dismissed a restaurant owner's claims for lost revenues. The restaurant owner argued that he is entitled to monetary relief after his business plummeted during Covid-19. However, the insurer sufficiently showed in court that the policy covered physical damage to the establishment, and not for a depletion of revenues in connection to the pandemic. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Vos, Filed On: April 30, 2024, Case #: CA-2023-1729, Categories: insurance, Business Expectancy, Covid-19
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. Dillard finds that the trial court properly granted a directed verdict in the insurer's favor in a breach of contract action brought by the couple. The action arose from the insurer's alleged failure to pay the couple for their covered losses after trees fell on their home. The couple's insurance policy had a one-year suit limitation for personal property protection. The fire endorsement did not modify the policy to provide for a two-year suit limitation and applies only to property damage caused by fire. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 30, 2024, Case #: A24A0286, Categories: insurance, Contract
J. Pepper grants the insurance company's motion to intervene, bifurcate and stay in a lawsuit against the mechanical contractor from an employee claiming she was not paid any overtime wages. As the contractor's commercial insurer, the insurance company will be allowed to intervene in the lawsuit and bifurcate its issues of coverage from the merits of the case. Because it properly balances potential prejudices against the company and the employee, proceedings in the lawsuit are stayed until the insurance coverage issues are resolved.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: April 30, 2024, Case #: 2:24cv38, NOS: Fair Labor Standards Act - Labor, Categories: Employment, insurance, Labor
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
J. Lee finds that the lower court properly found for the insurers in a declaratory judgment action over the insurer's obligation to defend a construction company in an underlying suit filed by the city after it found cracks in the welds of steel columns at O'Hare International Airport. The defects in the welds do not constitute "property damage" under the welder's commercial liability policies because there was no physical injury to any building elements beyond the steel columns with the faulty welds. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: April 29, 2024, Case #: 23-1662, Categories: insurance, Indemnification, Contract
J. Mathis finds the trial court properly granted the life insurance company's motion for the production of confidential medical records during discovery. The policyholder waived the patient-physician privilege when she signed a disclosure form as part of her application to process the death benefit claim following the death of her husband. Meanwhile, the insurance company properly rescinded the insurance policy because evidence in the medical records clearly contradicted the policyholder's application answers about her husband's health; specifically, she denied he had any mental disorder despite years of treatment for depression and had no health issues even though he was being treated for chronic liver disease. Affirmed.
Court: 6th Circuit, Judge: Mathis, Filed On: April 29, 2024, Case #: 23-3530, Categories: insurance, Discovery, Privilege
J. Aslan grants a motion to enforce the settlement agreement in this subrogation action between an insurer and a company stemming from damage to the insurer’s property allegedly caused by the company’s negligence. The parties agreed to the settlement amount of $240,000, but at the time of the transfer an imposter posing as the insurer’s counsel intercepted the funds. Therefore, the fraudulent actions happened after the contract was in force. The court orders the company to pay the insurer $240,000 and denies the insurer’s request for costs, attorney fees and interest.
Court: USDC Maryland, Judge: Aslan, Filed On: April 29, 2024, Case #: 1:23cv1783, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: insurance, Settlements, Contract
J. Batchelder finds the lower court properly granted the insurance company's motion for summary judgment on securities claims filed by investors. None of the statements included in the company's pre-IPO release meet the heightened pleading requirements of a fraud claim, but were instead historical statements of past performance that would not have misled the ordinary investor. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: April 29, 2024, Case #: 23-3392, Categories: Fraud, insurance, Securities
J. Smith finds the district court improperly found the insurer owed the racing event organizer a duty to defend. The organizer sought legal defense when injured parties and estates of deceased sued after a vehicle careened into the crowd of spectators. A motor vehicle exclusion unambiguously excludes coverage for the damages at issue. The policy is not "illusory," as claimed by the organizer, as it does cover spectator slip and falls. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-50336, Categories: insurance, Damages, Wrongful Death
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
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. 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