1,029 results for 'nos:"Insurance - Contract"'.
J. DeGravelles grants a request by foreign and domestic insurers, ordering a stay of a nonprofit condominium owners’ suit for recovery of repairs for wind and hailstorm damage, pending arbitration of claims. The condo owners fail to support their argument the arbitration provision is unenforceable.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: March 27, 2024, Case #: 3:23cv279, NOS: Insurance - Contract, Categories: Arbitration, Damages, Contract
J. Molloy denies both parties' motions for summary judgment in an insurance dispute. The property owner, which sought insurance coverage on properties damaged in a hurricane, hired its own adjuster after the insurer's adjuster grossly undervalued the damages, inspecting only the main structure on the property. The breach of contract claim is moot, being the insurer has paid the appraisal award. Material facts remain in dispute with respect to the owner's bad faith claim. The trier of fact must determine whether the insurer knowingly and intentionally excluded three cottages in its alleged coverage determination.
Court: USDC Virgin Islands, Judge: Molloy , Filed On: March 27, 2024, Case #: 3:19cv71, NOS: Insurance - Contract, Categories: Insurance, Property
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J. Altman grants an adult foster care provider partial summary judgment in claims contending State Farm failed to provide full reimbursement for services rendered to an insured client because the Michigan No-Fault Act entitles the provider to payment under a $900 per diem rate since the client was not hospitalized during the billing period, which required State Farm to reimburse the difference.
Court: USDC Eastern District of Michigan, Judge: Altman, Filed On: March 27, 2024, Case #: 2:22cv12361, NOS: Insurance - Contract, Categories: Insurance
J. Sands grants plaintiff insurance companies’’ motion for summary judgment in their suit against a local pharmacy distributor in Tifton, Georgia, that was named as a defendant in 26 opioid lawsuits. The companies provide that the economic losses sought in the underlying opioid lawsuits are precluded by their policies.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 27, 2024, Case #: 7:22cv113, NOS: Insurance - Contract, Categories: Insurance
J. Kindred denies an insurance company's motion for summary judgment in a dispute with an insured regarding damage to his fifth wheel while he was on vacation. The record does not include necessary facts of the incident that led to the damage. The insurance company has "not demonstrated that they had a reasonable basis to deny coverage under the vacation liability provision" of the insured's policy.
Court: USDC Alaska, Judge: Kindred, Filed On: March 26, 2024, Case #: 3:22cv87, NOS: Insurance - Contract, Categories: Insurance
J. McConnell denies the insurer's motion for summary judgment on its action seeking declaratory judgment it has no obligation under the $1.89 million consent judgment awarded to the models who alleged the covered adult entertainment club included images of them in its advertisements without their consent. The models have shown evidence of the insurer's dilatory conduct, ambiguity in its coverage and strategic silence.
Court: USDC Rhode Island, Judge: McConnell, Filed On: March 26, 2024, Case #: 1:21cv63, NOS: Insurance - Contract, Categories: Evidence, Insurance
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. Komitee grants a motion on the pleadings and declares a travel agency and its parent company are not afforded coverage under their professional liability insurance policy for a series of civil actions filed in Canada stemming from a fatal tour bus crash. The court finds coverage is excluded under the policy’s bodily injury exclusion clause.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 26, 2024, Case #: 1:21cv5590, NOS: Insurance - Contract, Categories: Insurance
J. Tuite denies the insured's motion for attorneys' fees in the insurers' action against her seeking a judgment regarding their respective liability, if any, stemming from a crash with an underinsured motorist. This court lacks jurisdiction to enter the requested fee award, having already dismissed the instant case.
Court: USDC Middle District of Florida, Judge: Tuite, Filed On: March 26, 2024, Case #: 8:22cv1750, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
J. Pepper partially grants Progressive's motion to exclude expert reports in the insured's class action arguing Progressive improperly calculates the actual cash value of insureds' totaled cars in order to short them on coverage. One of the three experts Progressive challenges is prohibited from testifying about the valuation process or methodology used by a company Progressive relies upon for such work, but Progressive's motion is denied as to two other experts. Progressive's unopposed motion for oral argument regarding class certification and summary judgment is granted, and arguments are scheduled for June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 25, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: Insurance, Experts, Class Action
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. Oetken denies the property owner's motion for summary judgment in a personal injury action brought by an employee who was injured while installing internet service at a property. The property owner was responsible for the condition of the premises, and there is no evidence that the internet service provider caused the falling bricks that led to employee's injury.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: March 25, 2024, Case #: 1:22cv1154, NOS: Insurance - Contract, Categories: Tort
J. Schopler partly grants the homeowners' motion for summary judgment on their claims of failure to defend and indemnification against the insurer for a renovation company that damaged the homeowners' duplex during a remodel. The homeowners sufficiently show that their duplex is in fact a two-unit apartment and damage caused to apartments is covered under the insurance company's policy with the renovation company.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 25, 2024, Case #: 3:22cv1221, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Pratt rules in part for defendant, an insurance company, in breach of contract claims in which another company seeks reimbursement for services provided to physician groups by holding that plaintiff may only continue claims that had been made prior to the date set out in their agreement. Meanwhile, the agreement requires that plaintiff's claims proceed to arbitration.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: March 25, 2024, Case #: 1:22cv1500, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Contract
J. Russo remands to state court the property owner's state law claims to state court alleging that the city defamed him when it arrested him for a crime he did not commit and published his mugshot before dropping all charges. The property owner's state law claims are best suited for resolution in state court given the length and circumstances of his arrest and detainment, and because the property owner brought the claims under state law against the city and its employees.
Court: USDC Oregon, Judge: Russo, Filed On: March 25, 2024, Case #: 3:21cv1838, NOS: Insurance - Contract, Categories: Property, Defamation, Jurisdiction
J. Cain finds for a town and against its insurer, holding the grid baffle waterflow control system in the municipality’s wastewater treatment facility, which was destroyed by winds from back-to-back hurricanes, is covered by its insurance policy. The insurer failed to support its argument the damage was not covered because the baffle system is “mobile equipment” and not a building.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 22, 2024, Case #: 2:22cv2300, NOS: Insurance - Contract, Categories: Evidence, Damages
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. Traum grants the insurer's motion for summary judgment. The driver's personal insurer brings this claim against the insurer of his company seeking equitable indemnity or subrogation for a payment of uninsured motorist coverage benefits. The driver incurred more than $1 million in injuries while driving for a company insured by the accused insurer. The driver's personal insurer seeks to recover the $250,000 it paid under the policy limit. The insurers had a sufficient relationship to permit equitable relief. The driver's insurer's prompt resolution of claims further supports finding the accused insurer should indemnify.
Court: USDC Nevada, Judge: Traum , Filed On: March 22, 2024, Case #: 2:22cv1133, NOS: Insurance - Contract, Categories: Employment, Insurance, Indemnification
J. Hall grants the insurance company’s motion for summary judgment, finding it did not breach a policy in this suit arising from a car accident involving a person whose name was listed beneath a line on the policy that says “Additional information: Named Insured.” This person’s portion of the “Drivers and resident relatives” section does not include a line indicating she is also a named insured.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 22, 2024, Case #: 1:23cv85, NOS: Insurance - Contract, Categories: Insurance