753 results for 'cat:"Insurance" AND cat:"Contract"'.
J. Pellegringo finds that the district court properly granted the insurers summary judgment without posting a bond in this lawsuit. The insurers allege breach of contract and violation of the Connecticut Unauthorized Insurers Act, but failed to show any genuine issue of material fact. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: April 15, 2024, Case #: AC45222, Categories: insurance, contract
J. Harris finds that, given State Farm's motion for rehearing, it is necessary to withdraw a previous opinion and replace it with this opinion in the insured's class action alleging State Farm was required to pay her interest on top of what it paid for her water damages claim. The trial court erred in dismissing the insured's contractual claim, as the relevant policy contains a standalone provision obligating State Farm to pay out interest which can create grounds for a cause of action not barred by statutory limitations. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: April 12, 2024, Case #: 23-0243, Categories: insurance, contract
J. Schroeder grants an agricultural insurance company’s motion to dismiss allegations of breach of contract, deceptive trade practices and bad faith brought by a policy holder. Specifically, the policy holder claims the company wrongfully refused to pay under its crop insurance policy. However, because the policy holder did not respond to the company’s motion, and the time to do so has passed, the motion is granted and the case dismissed.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 12, 2024, Case #: 1:24cv116, NOS: Insurance - Contract, Categories: Agriculture, insurance, contract
J. Du grants an insurer's motion to dismiss this breach of contract claim. The homeowners sued the insurer for refusing to pay for more than 12 months of loss of use coverage after a tree fell on their house. The loss of use provision in the policy has been replaced with a "special provisions—Nevada endorsement" that requires the insurer pay additional living expenses for 12 months from the date of loss. There is no allegation or dispute it did not do this.
Court: USDC Nevada, Judge: Du, Filed On: April 11, 2024, Case #: 3:24cv60, NOS: Insurance - Contract, Categories: insurance, contract
J. Godbey finds that a property owner that submitted an insurance claim for damages after discovering that an easement for a gas line on a recently purchased property may continue litigation on the claim that the insurance company breached a contract by not fully compensating plaintiff for damages related to the adverse interest in the property. The insurance company failed to adequately show that it met all contract obligations to the property owner. Summary judgment is granted to the insurance company on three other claims by the property owner, but breach of contract survives.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 11, 2024, Case #: 3:21cv2837, NOS: Insurance - Contract, Categories: insurance, Real Estate, contract
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J. Lobree finds the trial court improperly granted final judgment in favor of the guardian of a minor child who was in a car accident caused by the insurance company's insured. The trial court was wrong to find that the insured's cancellation of his commercial liability policy in light of him obtaining a different commercial policy was not effective on the day of the accident because the company said it did not receive it until the day after the accident, in part because the record shows the insured electronically signed and mailed the cancellation notice five days before the accident. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: April 10, 2024, Case #: 23-0370, Categories: insurance, contract
Per curiam, the appeals court finds the trial court made an error granting summary judgment to the medical doctor in a dispute with his insurance company over unpaid personal injury protection benefits and the improper cancellation of his policy. The trial court granted summary judgment on a claim that was not properly pleaded, as the doctor's amended complaint sought declaratory judgment on a claim over the cancellation of his policy, not the improperly pleaded but related summary judgment claim he brought later. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 10, 2024, Case #: 22-1529, Categories: insurance, contract
J. Levine finds that the trial court improperly ruled for an insurer in claims seeking coverage for property damage because genuine issues remain in dispute regarding the insured's refusal to participate in the examination under oath. Reversed.
Court: Florida Courts Of Appeal, Judge: Levine, Filed On: April 10, 2024, Case #: 4D2022-0378, Categories: insurance, contract
J. Aenlle-Rocha grants an insured's motion to overturn the insurer's denial of benefits for his son's treatment at a residential care facility. The treatment was denied as "not medically necessary" despite the insured's appeal with neuropsychological assessments, five letters of medical necessity from treatment providers, and thousands of pages of medical records and treatment notes. The insured "has satisfied his burden of proving medical necessity as to the treatment at issue with credible, persuasive evidence." The insurer denied the claim without sufficient explanation and "disregarded relevant medical evidence and did not afford [the insured] a full and fair review of his claims."
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: April 9, 2024, Case #: 2:23cv6413, NOS: Other Contract - Contract, Categories: Erisa, insurance, contract
J. Pulliam mostly grants an insurer’s motion for summary judgment in a dispute with policyholders over payout for roof damage, which the insurer contends was largely uncovered wear-and-tear. While the policyholders have not shown bad faith, and the insurer is therefore entitled to summary judgement on most of their claims, the insurer has conversely presented “no specific argument” for dismissing the remainder of the case, including for alleged violations of the Texas Prompt Payment Act.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv411, NOS: Insurance - Contract, Categories: insurance, contract
J. Rakoff denies summary judgment to both parties in this insurance coverage dispute. Water pipes burst in two units of two contiguous commercial properties during a winter storm, and the insured filed a claim for resulting water damage. The insurer denied the claim citing an exclusion to the insurance contract that stipulates the insured must make “best efforts to maintain heat.” The insured argues every effort was made to maintain heat in the buildings, but the insurer claims one unit used no gas for a three month period implying heat was not maintained. Both parties argue the ambiguity of the contract language, which the instant court finds should be sorted out at trial. Because no overwhelming evidence was presented in favor of either party, summary judgment is denied.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 8, 2024, Case #: 23cv6437, NOS: Insurance - Contract, Categories: insurance, contract
J. Lioi grants, in part, State Farm's motion for judgment on the pleadings, ruling any cause of action limited by the one-year filing limitation in the homeowners' insurance policy must be dismissed for the homeowners' failure to file suit within one year of the storm that caused water intrusion and property damage, as State Farm did not waive the limitation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: April 8, 2024, Case #: 5:23cv1124, NOS: Insurance - Contract, Categories: Civil Procedure, insurance, contract
J. Lohier finds that the district court properly dismissed a trust's request for relief in the form of a declaration that a life insurance policy remained in effect after assignment and purported reassignment for lack of contractual standing to sue under New York law because the trust failed to notify the insurer that the policy had been reassigned to the trust by the policyholder. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: April 5, 2024, Case #: 19-87-cv, Categories: Civil Procedure, insurance, contract
J. Armstrong finds the lower court properly granted summary judgment to an automobile insurer in this breach of contract matter. An insured person was involved in a vehicle accident, filed a claim, and a settlement was reached. Seeking additional payout, the insured requested his case be reopened. Because the insured refused to sign a HIPPA release to allow review of his medical records, the insurance company explained he would need to be examined under oath to obtain the information needed to move forward with his claim. The insurer refused and demanded payment from the original settlement agreement, but was told there was no longer an active agreement. The insured did not show for the examinations under oath, and the insurer denied his claim for failure to cooperate and breach of the insurance policy. The lower court agreed and found in favor of the insurance company. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 5, 2024, Case #: W2023-00703-COA-R3-CV, Categories: insurance, contract
J. Russell denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract lawsuit involving damage to a boat dock. The court finds that the expert is "qualified and his methodology is reliable." However, the court will partially grant the company's motions in limine. Specifically, the expert cannot define the company's "duty of good faith and fair dealing" or provide an opinion "on the ultimate conclusions" as to whether the company acted in bad faith.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: April 4, 2024, Case #: 4:18cv504, NOS: Insurance - Contract, Categories: insurance, Experts, contract
J. Lindsey finds the trial court properly awarded a final judgment to the homeowner after a jury found in his favor in his lawsuit against his insurance company over water damages to his home. The insurance company incorrectly argues it is entitled to a new trial because two documents it submitted as evidence were blocked as hearsay, and nothing else in the record warrants reversal. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: April 3, 2024, Case #: 23-0301, Categories: insurance, contract
J. Logue finds the trial court improperly dismissed the insurance company's breach of contract claim against the condo association over a settlement the association reached with a developer, contractor and others, which the company claims violates its subrogation rights with relation to a separate action from condo unit owners over water damages caused by their defective balcony. The company has sufficiently pleaded its claims that the general releases the association granted as part of its settlement violate its right to potentially recover funds from the same parties that entered that settlement with the association, so it should be allowed to continue with the claims. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 22-1290, Categories: insurance, contract
J. Stiles finds that the trial court improperly denied summary judgment to the insurer in an auto passenger's suit seeking uninsured/underinsured motorist (UM) benefits after a crash that occurred while she was riding in her mother's truck. The passenger did not have UM benefits under her mother's policy since it excluded guest passengers from such coverage. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CW-23-686, Categories: insurance, contract
J. Sweazea grants, in part, an insurer's motion to dismiss in this storm damage dispute brought by a homeowner. The homeowner alleges bad faith breach of contract, unfair insurance practices and unfair trade practices for failure to provide coverage. She sufficiently stated a bad faith claim because the insurer failed to properly conduct an investigation and her unfair practices claim is adequately supported by facts in the complaint. The insurance practices claim is dismissed, but the homeowner may file a motion to amend.
Court: USDC New Mexico, Judge: Sweazea, Filed On: April 1, 2024, Case #: 1:23cv1134, NOS: Insurance - Contract, Categories: insurance, contract
J. Pryor finds that the lower court properly limited the insurer's liability under the underinsured motorist policy's $1 million limit by sums the driver received from other sources. The insurer is entitled to offset the limit by a settlement in a personal-injury lawsuit and a workers' compensation award. Between the sums received from other sources, and the insurer's payment of $672,000, the driver recovered a total of $1 million, thus fulfilling the purpose of underinsured motorist coverage under Illinois law. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: April 1, 2024, Case #: 22-2776, Categories: insurance, Vehicle, contract
J. Caproni denies the insurer's request for a declaratory judgment asserting it does not have to indemnify the restaurant in an underlying suit accusing a restaurant employee of assaulting a patron. There is conflicting evidence as to whether the assault was intentional or not. If the evidence shows that the patron's fall while being escorted out of the restaurant was not intentional, the insurer has a duty to defend.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 1, 2024, Case #: 1:23cv1198, NOS: Insurance - Contract, Categories: insurance, contract
J. Vitter grants a request by two domestic insurers and two foreign insurers who jointly provide a surplus lines policy, staying a failure-to-cover suit filed by an apartment complex owner pending arbitration of claims related to fire damage. Although the owner does not dispute his policy’s arbitration provision regarding the foreign insurers, he argues state law prohibits arbitration clauses as to domestic insurers. However, the state law he cites does not apply to surplus line policies.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 29, 2024, Case #: 2:23cv7066, NOS: Insurance - Contract, Categories: Arbitration, insurance, contract