752 results for 'cat:"Insurance" AND cat:"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
J. Volk grants the insurance company’s and related defendants' joint motion to lift the stay, and for confirmation and enforcement of the Bermuda arbitrator's awards in the human resource firm's breach of contract suit. The firm's argument to deny recognition of the 2023 awards citing the "public-policy defense" from Article V in the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards is unpersuasive since the claim of the arbitrator's lack of impartiality was foreclosed when they failed to appeal to the Bermuda Supreme Court within 30 days of an arbitration panel's decision.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: March 18, 2024, Case #: 5:18cv1082, NOS: Other Contract - Contract, Categories: Arbitration, insurance, contract
J. Clarke grants the plaintiff insurer's request for a declaration that the defendant insurer is obligated to indemnify their mutual insureds in an underlying construction injury suit. The property owner and lessee named in the underlying case qualify as additional insureds under defendant's policy, and the wrap-up exclusion does not bar coverage.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: March 15, 2024, Case #: 1:22cv364, NOS: Insurance - Contract, Categories: insurance, contract
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J. Kunselman finds that the lower court improperly found that the sellers of a restaurant breached their contract with the buyer in this case wherein the restaurant burned down after the parties signed a sales agreement but before they closed on the deal. The record is devoid of any competent evidence regarding the post-fire value of the property. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 15, 2024, Case #: J-E03003-23, Categories: insurance, Property, contract
J. Marbley denies, in part, the farm owner's motion to dismiss certain affirmative defenses, ruling the insurer's contributory negligence defenses do not relate to fraud on the part of the owner and, therefore, do not require a heightened level or particularity at this stage of proceedings.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 15, 2024, Case #: 2:22cv4458, NOS: Insurance - Contract, Categories: insurance, contract
J. Morrison grants the policyholder's motion for summary judgment on the interpretation of the deductible provision in its policy with the insurance companies, ruling ambiguous language requires the use of extrinsic evidence and testimony from an individual heavily involved in procuring the policies supports the policyholder's interpretation. Specifically, even though only a single manufacturing facility was damaged by the fire, the business losses of the company must be calculated using losses from all of the facilities, which are interconnected.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 14, 2024, Case #: 2:22cv2019, NOS: Insurance - Contract, Categories: Evidence, insurance, contract
J. Partida-Kipness finds that the lower court properly denied the appellant insurance company's motion to compel arbitration in this dispute involving "the scope of a release in a settlement agreement between the parties." The declaratory claims at issue fall under the settlement agreement's forum-selection clause. The court also concludes that the agreement "superseded the ADR Endorsement" contained in an excess liability policy with respect to the declaratory claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 13, 2024, Case #: 05-23-00719-CV, Categories: Arbitration, insurance, contract
J. Biggs grants in part one insurance firm’s motion for summary judgment in a suit where a second insurer sued the first for the partial cost of a fire claim in some underlying suits. Four apartment residents died of smoke inhalation after calling a county emergency communications center and receiving the advice not to open any windows, but to “hunker down” until emergency services arrived. The victims’ families’ sued the communications center and staff for $9 million total, but the first firm refused to contribute to the settlement. Its policy on excess coverage allows it to escape having to contribute more than $1 million on the claim.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:22cv404, NOS: Insurance - Contract, Categories: insurance, Wrongful Death, contract
J. Burroughs grants an insurance company’s motion for judgment on its insured’s breach of contract claim and denies its motion for judgment on its insured’s bad faith claim. The insured failed to demonstrate how the insurance company failed to follow any of its insurance policies by delaying its decision of whether or not to defend the insured while it investigated the related incident and the legal action against the insured.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11150, NOS: Insurance - Contract, Categories: insurance, Wrongful Death, contract
[Consolidated.] J .Gabriel finds the lower court erroneously dismissed the homeowners' lawsuits against their insurance companies. Although their insurance claims were untimely, according to the policy language, the courts should have applied the notice-prejudice rule adopted by this court in other insurance disputes. The homeowners' policies and subsequent claims were occurrence policies under which the notice requirements are included only to allow the insurer to investigate the claim and are not fundamental contractual terms. Therefore, the case must be remanded to allow the lower courts to determine whether the homeowners' delays in filing were reasonable. Reversed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: March 11, 2024, Case #: 2024CO13, Categories: Civil Procedure, insurance, contract
Per curiam, the Seventh Circuit properly granted the insurer a declaratory judgment, finding that the underlying accident is excluded from coverage under the tree service company's insurance policies. An injured woman won a default judgment in state court against the company after she was struck by a truck with an attached woodchipper. However, the company's errors and omissions policy contains an auto exemption, and its general liability policy provides coverage only if the woodchipper was in operation at the time of the accident. Affirmed.
Court: 7th Circuit, Judge: Per curiam, Filed On: March 11, 2024, Case #: 23-1478, Categories: insurance, contract
J. Sippel finds for the insurer in a dispute over damages incurred in connection with the failure of a retaining wall on the construction site of a new apartment building. The owner is not entitled to alleged loss of rental income, because this provision applies solely to the named insured, which is only the construction company, not to additional named insured.
Court: USDC Eastern District of Missouri, Judge: Sippel, Filed On: March 11, 2024, Case #: 4:22cv849, NOS: Insurance - Contract, Categories: insurance, contract
[Consolidated.] J. Scudder finds that the lower court properly dismissed a woman's state law claims against her insurer arising out of coverage requests following a fire that destroyed her restaurant. Under the terms of the policy, the woman agreed to resolve part of the dispute through an appraisal process resembling arbitration, and there is no merit to her claim that the appraisal umpire did not understand his assigned task to calculate the actual cash value of the restaurant. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 8, 2024, Case #: 23-2282, Categories: insurance, contract
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract and seeking relief brought against them through a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:22cv11466, NOS: Insurance - Contract, Categories: insurance, contract, Labor
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the insurance company in the disaster management business' lawsuit over coverage involving an accident at a job site in Louisiana where workers were cleaning up an oil spill. The trial court incorrectly concluded that the business lacked standing, that its claims were barred by judicial estoppel, and that there were no disputes of fact over whether the insurance company obtained the coverage the business requested, so its order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-0182, Categories: Civil Procedure, insurance, contract
J. Keenan finds the lower court improperly granted class certification to the massage parlors. The parlors lost money during the pandemic when they were closed to avoid the spread of COVID-19. To receive insurance benefits, the parlors would have had to suffer from physical material destruction or material harm to their business. Reversed.
Court: 4th Circuit, Judge: Keenan, Filed On: March 8, 2024, Case #: 22-1853, Categories: insurance, Covid-19, contract
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract brought by insureds suing in a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:21cv11047, NOS: Insurance - Contract, Categories: insurance, Class Action, contract
J. Bury rules an "avid art collector" may pursue insurance claims for a stolen Rolex watch, but not for the alleged theft of Andy Warhol and Keith Haring works of art. The insurance company sufficiently showed in court that the art collector did not actually owned the works of art, but may be entitled to obtain coverage for the watch.
Court: USDC Arizona, Judge: Bury, Filed On: March 8, 2024, Case #: 4:21cv119, NOS: Insurance - Contract, Categories: Evidence, insurance, contract
J. Dimke grants default judgment to the insurance company for its complaint that it has no duty to cover the insured's claim relating to a collision that occurred when someone else was driving his insured vehicle. The loss is excluded by the policy's employee exclusion clause, as the insurance company believes that the man who drove the car during the accident was the insured's employee. The insured's lack of cooperation in confirming or denying this prejudiced the insurance company in this case.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 8, 2024, Case #: 4:23cv5043, NOS: Insurance - Contract, Categories: insurance, Vehicle, contract
J. Lynch finds that the lower court properly allowed an insurer to recover payments made to a furniture retailer that suffered water damage at its mall showroom. The retailer's lease contained an indemnity provision, but the damage had been caused by repairs made outside the showroom. Thus, the mall failed to deliver space containing plumbing "suitable for occupancy." Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: March 7, 2024, Case #: 535961, Categories: insurance, contract
J. Fischer finds the district court improperly denied the insurance company's motion for attorney fees in this declaratory judgment action. The company filed to determine whether its appraisal procedure had been triggered by the insured's demand for a storm damage appraisal. The company prevailed on its appraisal issue and the insured's contract counterclaim. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: March 7, 2024, Case #: 119695, Categories: insurance, Attorney Fees, contract
J. Scales finds the trial court properly denied the insureds' motion for attorney fees and granted the insurance company's motion for summary judgment in the insureds dispute over the appraisal process and ultimate coverage of damages their home suffered during Hurricane Irma in 2017. The trial court's order on attorney fees is affirmed without discussion, and the summary judgment order is upheld because, despite the insureds' arguments to the contrary, the trial court was allowed to consider evidence in the record from the hearing over attorney fees in making its summary judgment decision. Affirmed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: March 6, 2024, Case #: 22-2137, Categories: insurance, contract
J. Stiles finds that the trial court properly ruled in favor of the administratrix of the estate in determining that the attempted beneficiary change for the decedent's annuity contract was null and void due to her mental incapacity from when she sustained brain injuries in an auto accident. The decedent settled her personal injury claim and subsequently began a "pen pal relationship" with an inmate, married him and made him the beneficiary. The evidence supports the finding that the decedent lacked the mental capacity to manage her long-term financial affairs after the accident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: CA-23-635, Categories: insurance, Settlements, contract