106 results for 'cat:"Insurance" AND cat:"Jurisdiction"'.
J. Bolden grants an insurer's motion to dismiss, ruling the car owner's request for over $13,000 in compensatory damages fails to meet this court's threshold, even if punitive damages were found; therefore, the district court lacks jurisdiction.
Court: USDC Connecticut, Judge: Bolden, Filed On: June 30, 2023, Case #: 3:22cv1456, NOS: Insurance - Contract, Categories: insurance, Damages, jurisdiction
J. Miller-Lerman dismisses the conservator's appeal of the county court's authorization of a settlement with the insurance carrier of the driver of a vehicle in which the minor passenger was injured from a collision with a school bus. The conservator sought an order vacating the settlement authorization on the grounds that it limited the minor's recovery against non-settling parties, and now appeals the court's denial of that motion. The conservator’s motion was a request for rescission of contract sounding in equity over which neither the county court nor the Nebraska Supreme Court have jurisdiction. Vacated.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 30, 2023, Case #: S-22-239, Categories: insurance, Vehicle, jurisdiction
J. Vance grants a request by two residents of Washington State, a woman and her husband, dismissing, on jurisdictional grounds, a complaint by her brother, also of Washington State, who sued them alleging they stole funds from their mother’s life insurance policy that were intended for him. The self-represented brother fails to support his allegation that his sister and brother-in-law are residents of Louisiana, after they presented documentation to the contrary, including their Washington State driver’s license and the brother-in-law’s concealed pistol permit. The litigating brother’s response, that their deceased mother was “domiciled” in Slidell, Louisiana, is irrelevant. The suit is dismissed for a lack of diverse citizenship among litigants, required for federal jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 29, 2023, Case #: 2:23cv265, NOS: Other Contract - Contract, Categories: Fraud, insurance, jurisdiction
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J. Douglas finds the district court properly determined that it has subject matter jurisdiction over this insurance dispute arising from a hit-and-run in which the at-fault driver was criminally charged. His failure to cooperate in the state litigation resulted in the court entering final default judgment awarding the injured parties $163,822 in actual and exemplary damages. Allstate then filed suit in federal court, saying the award exceeded the liability limit for the policy, adequately alleging diversity jurisdiction. Affirmed.
Court: 5th Circuit, Judge: Douglas, Filed On: June 22, 2023, Case #: 22-20405, Categories: insurance, jurisdiction
J. Erickson finds a lower court properly dismissed an estate administrator's contract claims against an insurance company. The estate administrator argued that the insurance company is obligated to pay underinsured benefits to the estate after his son died in a charter bus crash in British Columbia. However, the insurance company sufficiently showed in court that British Columbia law determines the extent of recoverable damages based on personal jurisdiction over the driver and bus company. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: June 20, 2023, Case #: 22-3305, Categories: insurance, jurisdiction, Contract
J. Steele grants an insured's motion to dismiss an insurance company's action seeking declaratory relief concerning what, if any, coverage it owes for fire damage to a manufactured home. The district court need not exercise jurisdiction over the case due, in part, to the fact the insured has filed a related complaint in state court and prosecuting this case "would increase friction between state and federal courts."
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: June 8, 2023, Case #: 2:23cv73, NOS: Insurance - Contract, Categories: insurance, jurisdiction
J. Lefkow denies several medical benefit providers’ motions to dismiss fraud claims, brought against them by an insurance agency who say the providers misled it as to their clients’ outstanding medical claims. Despite the benefit providers’ assertions to the contrary, the court finds it does have personal jurisdiction over this case.
Court: USDC Northern District of Illinois, Judge: Lefkow, Filed On: May 31, 2023, Case #: 1:22cv1270, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, insurance, jurisdiction
[Consolidated.] J. Stargel finds that the trial court improperly denied the insurance parties' dismissal motions in a dispute over coverage for claims for emergency medical services provided to foreign patients. There was insufficient evidence showing the court had personal jurisdiction over the insurance parties. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: May 26, 2023, Case #: 6D23-301, Categories: Health Care, insurance, jurisdiction