752 results for 'cat:"Insurance" AND cat:"Contract"'.
J. Mahan grants the insurer's motion for summary judgment. The assignee insurance company representing the construction company says the insurer breached the parties' contract when it denied coverage for two construction projects that sustained roof damage due to mold. The assignee failed to obtain the insurer's consent before incurring remediation costs; therefore, because the remediation costs were incurred involuntarily and without the insurer's consent, denial of coverage was appropriate.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv1382, NOS: Insurance - Contract, Categories: Construction, insurance, contract
J. Mahan denies the insurer's motion for summary judgment. The gaming facility brought this claim for breach of contract after the insurer denied coverage for cleanup following the Covid-19 pandemic. Coverage was denied due to there being no actual physical loss. There is a genuine dispute of material fact regarding whether a physical loss occurred or any of the policy exclusions or provisions apply.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv965, NOS: Insurance - Contract, Categories: insurance, Covid-19, contract
J. Alvord finds the lower court properly granted the insurer's motion for summary judgment. The flashing defects discovered in the modular home were not property damage, but proved only that property damage may occur in the future, which was insufficient to trigger coverage under its policy with the builder. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: March 28, 2024, Case #: AC45433, Categories: Evidence, insurance, contract
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J. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: insurance, Property, contract
J. Schiltz dismisses the insured's suit seeking indemnification for losses caused by a fraudulent wire transfer. The insured's loss stemmed from "social-engineering fraud," and it has failed to allege that it followed an "established and documented verification procedure" before obeying the fraudster's instructions. It therefore fell under an exclusion under the insured's policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 28, 2024, Case #: 0:23cv510, NOS: Insurance - Contract, Categories: insurance, contract
J. Moon denies the fire safety company's motion to dismiss contract claims. After a fire started in a kitchen covered by the insurance company, the fire safety company's fire impression system did not discharge, the alarm sensor did not alert the local fire department, and the sprinklers took 45 minutes to start working. The insurance company has pled enough facts that was owed an obligation to have functioning equipment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 28, 2024, Case #: 6:23cv33, Categories: insurance, Negligence, contract
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, insurance, contract
J. Hicks grants the flight support company's motion for summary judgment in this negligence suit. A private plane was damaged by the corporation's making contact with another plane it was moving at the storage facility. The pilot who left the plane to be stored signed a "landing card" stipulating the corporation is not liable for damage. The terms of the landing card are an enforceable contract, including the limitation of liability footnote. Though the pilot involved was not the principal pilot contracted to fly the plane, he was cloaked with apparent authority by the original pilot. The principal “is estopped from later denying the actions of the agent” once he “cloaks the agent with the apparent authority to act[.]”
Court: USDC Nevada, Judge: Hicks , Filed On: March 28, 2024, Case #: 2:22cv2011, NOS: All Other Real Property - Real Property, Categories: insurance, contract, Aviation
J. Clark finds the trial court erroneously granted the insurer's motion for summary judgment on the substitute complaint filed by the church damaged in a fire. Although the court had previously struck claims against the insurer, the church was entitled to bring a new complaint once it removed the individual responsible for the fire from the filing and corrected the misjoinder that initially led to the removal of claims against the insurer. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 28, 2024, Case #: AC45057, Categories: Civil Procedure, insurance, contract
J. Savoie enters summary judgment dismissing the driver's claims seeking underinsured/uninsured motorist coverage from the insurer after an auto accident. There was no UM coverage for the driver under her father's policy based on the policy exclusions.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: March 27, 2024, Case #: CW-23-409, Categories: insurance, contract
J. Gill finds the circuit court properly decided that the insurance company is obligated to defend and indemnify the insureds in a lawsuit from a man whose leg was crushed in a crash while he was a passenger on a UTV operated by the insureds' son on a frozen lake near the insureds' second home. An exception to an exclusion in the insureds' homeowner's insurance policy offering coverage for lawsuits stemming from bodily injuries caused by "the ownership, maintenance, use, loading or unloading of a UTV 'which is' used to service an insured's residence" is ambiguous and can be constructed in more than one reasonable way, and the facts in the complaint fit one of the circumstances under which coverage would be triggered. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: March 26, 2024, Case #: 2022AP000742, Categories: insurance, contract
J. Honeywell grants the insurer's motion for summary judgment in its suit seeking a judgment that it has no duty to defend or indemnify its insureds in an underlying lawsuit and probate claim. An exclusion for claims stemming from alleged activities of an insured in their capacity as a director, partner, trustee, officer or employee of a business enterprise other than the business to which the policy was issued applies to a joint venture that company entered with another company.
Court: USDC Middle District of Florida, Judge: Honeywell, Filed On: March 26, 2024, Case #: 8:22cv106, NOS: Insurance - Contract, Categories: insurance, contract
J. Whitehead denies the injured car passenger's request for a ruling stating that funds received for personal injury protection subrogation from an at-fault party "prior to full compensation" are owed to the insured. The passenger "impermissibly seeks a general proclamation about the rights and duties of insureds and insurers without identifying the specific claim, 'or part of each claim,' on which he seeks summary judgment." He also fails to show that the insurer acted deceptively in its handling of the claim.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 25, 2024, Case #: 2:22cv1720, NOS: Insurance - Contract, Categories: insurance, contract
J. Samour finds the appeals court erroneously determined the "regular use vehicle" exclusion for uninsured motorist benefits in the classic car owner's policy was unenforceable. Although this court has previously found such benefits cannot be tied to use of a particular type of vehicle, the policy at issue in this case works in tandem with a standard policy that has its own uninsured motorist benefits and, therefore, allows for the exclusion. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: March 25, 2024, Case #: 2024 CO 17, Categories: insurance, Vehicle, contract
J. Schiltz grants summary judgment to the insurer in the insureds' suit seeking coverage for the personal property of the named insured's two sons, destroyed in a fire at the insured's home, where the sons and the named insured's ex-wife, but not the named insured, were residing. The sons were not part of the same "household" as the named insured under his policy, and the named insured did not reside at the damaged home during the policy's period. The policy's requirement that the named insured reside at the insured home also does not conflict with Minnesota's standard fire insurance policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 22, 2024, Case #: 0:22cv1502, NOS: Insurance - Contract, Categories: insurance, contract
J. Leichty denies various insurers' motions for judgment as a matter of law. The owner of a warehouse whose property was damaged in a flood sued several insurance companies for breach of contract, which were found to be liable for various environmental and electrical damages. The jury was not unreasonable by taking the most conservative estimate for environmental remediation. The owner presented sufficient evidence for the jury to find the insurers acted in bad faith in coopting the expert engineer the owner hired for representation to protect the insurers.
Court: USDC Northern District of Indiana, Judge: Leichty , Filed On: March 22, 2024, Case #: 3:21cv227, NOS: Insurance - Contract, Categories: insurance, Damages, contract
J. Catlett finds a lower court partly properly dismissed an insurance company's motion for denial of coverage for an insured driver. The driver argued that the insurance company was obligated to cover damages from a car accident she was involved in under a automobile policy and a personal liability umbrella policy. However, although the insured failed to ignite proceedings under the auto policy within the statute of limitations, she may be entitled to relief under the umbrella policy. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Catlett, Filed On: March 21, 2024, Case #: 1 CA-CV 23-282, Categories: insurance, contract
J. Gilbert rules an insurance company has a duty to defend a trusses service company on behalf of an employee, who may have prematurely released the truss's crane, which resulted in its collapse. The truss company sufficiently showed in court that the insurer is obligated to provide coverage for attached machinery to the employee's truck, which is not considered an "auto."
Court: USDC Southern District of Illinois, Judge: Gilbert, Filed On: March 19, 2024, Case #: 3:21cv497, NOS: Insurance - Contract, Categories: Employment, insurance, contract
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: insurance, contract
J. Battaglia rules a property association may pursue contract claims against State Farm Insurance. The property association sufficiently alleges that its claim loss falls within the parties' endorsement in a residential community association policy after it was swindled by a third party with a fake email account who convinced the association's treasurer to wire it money. The treasurer's error counts as a "wrongful act," which is covered by the policy's endorsement.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv195, NOS: Insurance - Contract, Categories: insurance, contract