1,029 results for 'nos:"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. Milazzo grants requests by insurers and against property owners suing them for inadequate compensation related to hurricane damage claims, staying the litigation pending arbitration. Contrary to the litigants’ argument, the arbitration clause at issue in the insurance dispute is enforceable under the New York Convention and federal arbitration law. The property owners’ claims of breach of contract, breach of duty of and bad faith damages claims fall under the policy’s arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:23cv4258, NOS: Insurance - Contract, Categories: Arbitration, Property, Damages
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. Milazzo denies requests by surplus line insurers to dismiss breach of contract claims and bad faith by a property owner alleging untimely and inadequate compensation for hurricane damage losses covered by the policy. Because the insurers fail to explain why dismissal of the suit, rather than a stay of proceedings, is warranted, the matter must be stayed pending resolution of arbitration proceedings.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:22cv3780, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Damages
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J. Brennen grants, in part, the insurer’s motion for partial summary judgment on counterclaims brought by a business owner in this insurance dispute after a fire damaged his apartment building. The court holds that the owner is barred from the 12-month cap in coverage on the business income, notes he failed to submit additional building repair to the appraisal panel, says his claim for mortgage interest is unsupported, and rules the unpaid business income he requests is based on gross income, not net computation. The insurer's motion to strike an affidavit of the owners managing member and expert witness are denied because the motion is harmless.
Court: USDC Northern District of Ohio, Judge: Bennan, Filed On: March 30, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Insurance, Damages, Experts
J. Whitehead denies summary judgment to the insurance company against the Insurance Fair Conduct Act claim of the insured's complaint alleging that the insurance company refused to pay her $55,000 owed for her underinsured motorist claim. It is unclear if the insurance company's offer was the result of an adequate investigation, because it is still unclear if the insured's injuries are traceable to the accident with the underinsured motorist.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:23cv216, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Hanen finds that a homeowner whose home was damaged is not entitled to additional claims of breach of contract after accepting payment on her insurance claim. The homeowner claims that they are entitled to the full replacement costs without deduction of depreciation. The insurance company provided an avenue for full replacement costs with the submission of replacement receipts, but the homeowner has not submitted those receipts to claim full replacement.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:23cv641, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
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
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. Hanen allows a driver, injured in an accident and alleging that an underinsured motorist is at fault, to nonsuit claims for past and future medical expenses and grants him leave to file a third amended complaint. However, the insurance company, defendant, has used expert analysis of the injured driver’s past and future medical cost claims in their defense and the court will allow that evidence heard because it relates to the contested points of the case.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:21cv1946, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Bennett grants a mortgage company’s partial motion to dismiss underwriters’ claim seeking a declaration that they do not owe a duty to defend or indemnify the mortgagor, which is being sued for allegedly engaging in an illegal kickback scheme in violation of the Real Estate Settlement Procedures Act. The insurer’s duty to indemnify is not ripe. This case shall proceed to discovery on the counterclaims between the insurer and mortgage company.
Court: USDC Maryland, Judge: Bennett, Filed On: March 29, 2024, Case #: 1:23cv405, NOS: Insurance - Contract, Categories: Real Estate, Discovery, Class Action
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. Sands orders defendants to produce their embezzlement/employee dishonor claims that exceed $100,000 and were submitted to defendants from Jan. 1, 2013, to Dec. 31, 2023.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 29, 2024, Case #: 7:22cv52, NOS: Insurance - Contract, Categories: Insurance
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. Hanks finds that an insurance company was not required to defend a student in a case involving the student and his friend taking LSD, after which the friend suffered a paralyzing injury. The injury occurred in the student’s parents’ home, and their homeowners’ insurance policy included an exclusion for claims arising out of the use of a controlled substance. The student did not immediately seek medical attention and moved his injured friend without neck support, possibly exacerbating the injury. The student’s failure to seek immediate medical assistance is conceivably related to his own ingestion of LSD, so the exclusion is relevant.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv2744, NOS: Insurance - Contract, Categories: Insurance, Indemnification
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. Kugler allows plaintiff to continue claims contending an insurer wrongfully denied coverage for a number of lawsuits related to an alleged Ponzi scheme because some of the alleged wrongful acts likely occurred before the "run-off" period contained in the policies. However, whether excess policies should have been applied remains unclear.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 28, 2024, Case #: 1:23cv1951, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance