96 results for 'cat:"Insurance" AND cat:"Property"'.
J. Christopher finds that the trial court properly ruled in favor of the insurer in a suit involving alleged hurricane damage to a property. The property owners' argument regarding the exclusion of certain repair estimates lacks merit. Also, costs should have been assessed against the property owners. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: November 2, 2023, Case #: 14-22-00292-CV, Categories: Evidence, insurance, property
[Consolidated.] J. Bourliot finds that while the trial court properly ruled in favor of the insurance agent in a hurricane coverage dispute with a condominium owner, it partly erred in siding with the owners association in a dispute over unpaid assessments with the condo owner. Granting summary judgment based on res judicata was erroneous since the association and condo owner were not "adverse parties" in the prior lawsuit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 17, 2023, Case #: 14-21-00467-CV, Categories: Civil Procedure, insurance, property
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J. Cadish finds the trial court properly granted the insurer’s motion to dismiss this dispute over coverage sought by the first deed of trust holder, Deutsche Bank, to recover loss of interest in the foreclosed-upon property through its title insurance policy. Assessment obligations arise when due and determine the superiority of the lien over the first security interest by reference to that due date. The assessment lien that extinguished Deutsche Bank’s deed of trust arose seven years after the date of policy and this post-policy lien does not fall within the scope of the applicable title endorsement. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish, Filed On: October 12, 2023, Case #: 84161, Categories: insurance, property, Banking / Lending
J. Higginson finds the bankruptcy court properly denied the law firm’s motion to dismiss the adversary proceeding seeking to recover a transfer of the $1 million insurance policy proceeds already received by the firm and its client. The family of one of two individuals killed in a collision with a tractor owned by the debtor filed suit against the debtor, with the other family making a successful Stowers demand, through the law firm, for the $1 million limit of the policy. The debtor’s equitable interest in the insurance proceeds, allowed in “limited circumstances” such that the proceeds can be classified as property, are unaffected by the pre-petition transfer. A transfer of the debtor’s property has been properly alleged. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: October 6, 2023, Case #: 23-40125, Categories: Bankruptcy, insurance, property
J. Hovland grants an insurance company's motion for summary judgment in a matter in which a hailstorm damaged property and the insurance company subsequently issued policy coverage for the damage. The property management company put the actual cash value payment in escrow and to date the funds have not been used for any repairs. The company claims that the insurance company breached its contract by paying actual cash value rather than replacement cost for the damages the hailstorm caused to the buildings. The management company is not entitled to replacement cost at this stage because they did not complete any required repairs to the buildings for which replacement costs could be issued.
Court: USDC North Dakota , Judge: Hovland, Filed On: October 3, 2023, Case #: 1:21cv165, NOS: Insurance - Contract, Categories: insurance, property
J. Lanier finds that the trial court erred in sustaining the exception of res judicata in favor of insurers regarding the insured's incidental demands seeking defense/indemnity in the property owners' suit over damage from a sinkhole. The plaintiffs in the respective suits are different, as are the alleged causes of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 28, 2023, Case #: 2023CA0139, Categories: Civil Procedure, insurance, property
J. Osteen grants an insurance firm’s motion to dismiss a hospital’s allegations of bad faith after the firm refused to cover wind and hail damage sustained by two buildings. Following the hospital’s insurance claim, an investigator concluded that further inspection of the site was necessary to conclude what was the cause of the damage. Although the hospital construes this as a bad faith action, the need for further inspection does not constitute malice or intentional injury as is required for the claim.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: September 22, 2023, Case #: 1:22cv849, NOS: Insurance - Contract, Categories: insurance, property, Contract
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. Blake denies cross motions for summary judgment from a convenience store chain and its insurance company after concluding that the plain language of their contract is too ambiguous to favor either party. A specific store burned down and the company refused to pay damages, so the chain sued it. Both parties interpret the contract to read in its own favor, but because the language is not clear, discovery is necessary to resolve the dispute.
Court: USDC Maryland, Judge: Blake, Filed On: August 16, 2023, Case #: 1:22cv1551, NOS: Insurance - Contract, Categories: insurance, property, Discovery
J. Wang grants an insurance firm its motion to dismiss a second amended complaint alleging bad faith and breach of contract after a condominium made a vandalism claim for which the firm did not pay out. The firm estimated damages at $13,000, but the condominium rejected the offer and sought another estimate, which turned out to be $225,000. However, the condominium fails to state a claim because it filed all claims outside of the two-year statute of limitations.
Court: USDC Colorado, Judge: Wang, Filed On: August 3, 2023, Case #: 1:21cv3196, NOS: Insurance - Contract, Categories: insurance, property, Contract
J. Higginson finds the trial court properly entered judgment in favor of Liberty Mutual in this insurance dispute brought by the car-auction company alleging that Liberty must defend it in a South Carolina lawsuit. That lawsuit alleges that vehicle storage has damaged adjacent properties. That certain of the property owners’ alleged damages are caused by pollutants is clear, and an unambiguous policy “pollution exclusion” applies. If evidence shows that “cloudy water” was caused only by sand and sediment, then the pollution exclusion may not apply and Liberty may still be obligated to indemnify. Affirmed in part. Reversed in part and remanded.
Court: 5th Circuit, Judge: Higginson, Filed On: July 31, 2023, Case #: 21-10938, Categories: insurance, property, Tort
J. Chasanow partially grants a group of Chesapeake Bay restaurants and hotels its motion for summary judgment against State Farm and denies State Farm's cross-motion for summary judgment. A fire occurred that damaged one of the group member's building, then another member negotiated a shrink-wrap of the burned building during wedding season and a subsequent demolition and reconstruction of the burned property. The insurance company agreed to cover the costs of said actions, but it contests that coverage should've begun after the shrink-wrap. However, the contract includes the wrap, so State Farm is in violation of the contract.
Court: USDC Maryland, Judge: Chasanow, Filed On: July 28, 2023, Case #: 8:20cv3388, NOS: Insurance - Contract, Categories: insurance, property
J. Kehoe opposes the lower court's ruling that a mortgage firm should not be awarded any portion of a home insurance policy after the mortgagee's house burned down and took his life and that of an adult child. The mortgage had not been satisfied at the time of the fire, and the firm purchased it at auction after foreclosing on it for much less than the outstanding balance. The mortgagee's family argue that because of this, the firm is owed nothing from the home insurance policy. State law, however, protects the firm's interests when fire damages the collateral. Reversed and remanded.
Court: The Appellate Court of Maryland, Judge: Kehoe, Filed On: July 27, 2023, Case #: C-07-CV-19-000482, Categories: insurance, property, Banking / Lending
J. Griggsby grants two revocable trusts their motions to compel arbitration and dismiss an insurance firm's declaratory judgment in a policy dispute. A fire at a commercial property in which the trusts had an insurable interest caused damage, and their trustee filed a claim. The firm alleges that the appraisers hired by the trustee are not qualified. However, this dispute is subject to the FAA and the firm's opposition to the appraisers is pre-mature.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 27, 2023, Case #: 8:22cv2314, NOS: Insurance - Contract, Categories: Arbitration, insurance, property
J. Shepherd finds a lower court properly granted summary judgment to an insurance company on a church's request for coverage. The church argued that the insurance company was obligated to cover costs to repair its building following massive storm. However, the insurance company sufficiently showed in court that the church was not entitled to coverage based on a failure to comply with a cooperation clause listed in its policy. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: July 13, 2023, Case #: 22-1109, Categories: insurance, property, Contract
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. Clement finds the lower court improperly denied an insurance company’s motion to dismiss. A vehicle hit a commercial building, causing damage. The building owners signed a release when they accepted $25,000 from the driver’s insurance company; they then filed a claim with their insurance company for damages. The insurance company notified them there was no coverage under the policy, as the owners essentially settled when they signed the release. By signing the release, the owners violated the terms of the policy, as it was done without the insurance company’s knowledge, and it terminated its ability to recover costs from the driver via subrogation. The instant court finds the building owners actions materially breached the policy, and the matter is remanded for dismissal of all claims against the insurance company. Reversed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: July 5, 2023, Case #: W2022-01209-COA-R9-CV, Categories: insurance, property, Contract
J. Stargel finds that the trial court properly ruled for the insurer in this dispute with the insureds' assignee contractor over coverage for roof repairs to the insureds' property. The concealment/fraud provision in the insureds' policy was applicable to their assignee. Affirmed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: June 30, 2023, Case #: 6D23-36, Categories: insurance, property, Contract
J. Conner finds that the trial court improperly ruled in this insurance dispute over property damage based on the erroneous conclusion that the insurer was not required to demonstrate prejudice where homeowners breached a condition precedent to suit. Reversed.
Court: Florida Courts Of Appeal, Judge: Conner, Filed On: June 21, 2023, Case #: 4D22-411, Categories: insurance, property