754 results for 'cat:"Insurance" AND cat:"Contract"'.
J. Vascura denies the uninterruptable power supply manufacturer's partial motion to dismiss, ruling that limiting language in its contract with the industrial plant allows the plant's insurance company to plead both contract and fraud claims. The damages limitation clause would not provide nearly enough to compensate the plant for damage from the explosion, and punitive or secondary damages from a fraud claim would be necessary.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: March 5, 2024, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: Fraud, insurance, contract
J. Wang finds for a restoration company in claims contending an insurer refused to pay for work performed after a mudslide damaged a Sheraton Hotel property in Rio de Janeiro because the hotel did not challenge skilled labor rates while the work was ongoing, and the insurer did not prove that the company failed to provide invoice documentation.
Court: USDC Colorado, Judge: Wang, Filed On: March 5, 2024, Case #: 1:21-cv-01380, NOS: Other Contract - Contract, Categories: insurance, contract
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J. Wright finds that the lower court properly granted the insurer's motion to dismiss a petition seeking coverage for the debtors' liability in the opioid mass tort claims, liabilities which were assumed by the trust in bankruptcy proceedings. The insurer's policy contains a forum selection clause clearly stating that disputes arising under those contract to be litigated in the courts of England or Wales. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 5, 2024, Case #: ED111765, Categories: insurance, Jurisdiction, contract
Per curiam, the circuit finds the district court improperly denied the group of insurance companies’ motion to compel arbitration. After the property owner was denied full coverage by various insurers for property damage sustained in a hurricane, he filed suit alleging all the insurers engaged in the same breach of contract. Certain involved insurers are domestic and signatory to the Convention on the Recognition and Enforcement of Arbitral Awards, while others are not. Equitable estoppel can allow the non-signatory foreign companies to a contract with an arbitration clause to compel arbitration with signatories. The district court failed to apply the proper “interdependent and concerted misconduct” test. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-30171, Categories: insurance, International Law, contract
J. Brnovich denies a proposed class of insureds motion for class certification concerning contract claims against an insurance company, which may have engaged in undervaluing insureds' loss vehicles. The insurance company sufficiently showed in court that the proposed class would have to resolve individual, labor intensive questions as to who was wrongfully denied coverage.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 4, 2024, Case #: 2:22cv342, NOS: Insurance - Contract, Categories: insurance, Class Action, contract
J. Grasz finds a lower court properly granted an insurance company's motion for summary judgment concerning coverage claims brought by a warehouse. The warehouse operator argued that its policy with the insurance company covers property damage liability for the collapse of a building during a deadly tornado. However, the insurance company sufficiently showed in court that it is not obligated to cover damages given that Amazon is the actual owner of the facility. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: March 4, 2024, Case #: 23-1450, Categories: insurance, Property, contract
J. Hambrick denies the insurance company's motion for a protective order regarding a "copy of the first Stop Gap coverage form issued to BTI with documents showing the date the form was first used to insure BTI and all variants of that form used thereafter," which relates to the insurance company's complaint that it has no duty to defend or indemnify the employees for when one of the employees suffered injury when unloading a trailer of molten sulfur. The information regarding the stop gap coverage issued to non-party BT Incorporated is relevant and potentially admissible because it can give insight on the parties' intent when they entered into the contract, and the insurance company does not show how allowing this evidence into this case would be unduly burdensome.
Court: USDC Wyoming, Judge: Hambrick, Filed On: March 2, 2024, Case #: 1:23cv76, NOS: Insurance - Contract, Categories: insurance, Discovery, contract
J. Hull finds that the district court properly dismissed the insured's class action breach of contract claim premised on the theory that the insurer had a duty to periodically reassess its cost of insurance rates but did not do so during the class period. The claim arose out of a dispute over a life insurance policy. However, the district court improperly dismissed the breach of contract claim premised on an alternative theory that the insurer chose to reassess its rate scale during the class period and violated the policy by ignoring its expectations as to future mortality experience and failing to base the insured's rates on those improving expectations. Reversed in part.
Court: 11th Circuit, Judge: Hull, Filed On: March 1, 2024, Case #: 22-12991, Categories: insurance, contract
J. Bury partly grants an art collector's motion for summary judgment concerning an insurance company's denial of coverage. The art collector sufficiently showed in court that the insurance company is obligated to cover costs for the loss of a Rolex watch, but not for artwork by Keith Haring. The collector cannot show independent evidence that he actually owned the Haring works.
Court: USDC Arizona, Judge: Bury , Filed On: March 1, 2024, Case #: 4:21cv1119, NOS: Insurance - Contract, Categories: insurance, contract
J. Settle grants the insurance company summary judgment against bad faith, Insurance Fair Conduct Act and Washington Consumer Act claims in the nonprofit corporation's complaint that the insurance company wrongfully refused to defend the nonprofit in an underlying lawsuit. The insurance company has no duty to defend the nonprofit because the potential of a warrant of abatement and the cost of permits to continue using the property as a shooting range do not qualify as damages under the insurance policies.
Court: USDC Western District of Washington, Judge: Settle, Filed On: February 29, 2024, Case #: 3:11cv5021, NOS: Insurance - Contract, Categories: insurance, Damages, contract
J. Benton finds a lower court properly dismissed a driver's contract claims against an insurance company. The driver argued that she was entitled to collect $500,000 from her parents policy after she was involved in a car accident. However, the insurance company sufficiently showed in court that the financial responsibility rule for bodily injury was set as $25,000 based on her status as an "insured person" and not a "named insured." Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: February 29, 2024, Case #: 23-1497, Categories: insurance, contract
J. Jolivette Brown grants a request by an insurance company, dismissing a homeowner’s contract claims arising from her hurricane-related property damages. The policy was issued to the mortage lender. The homeowner, as mortgagor, has not established she is entitled to any benefits from the policy. She unsuccessfully argues the remaining balance on the mortgage is $695,000 and, because the policy limit of $1 million exceeds the mortgage balance by $387,000, the lower, remaining amount is intended to benefit her. The policy does not contain a provision stating that any excess payment would be given to the mortgagor.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 28, 2024, Case #: 2:23cv6691, NOS: Insurance - Contract, Categories: insurance, Fiduciary Duty, contract
J. Emas finds the trial court partially erred in granting summary judgment to the security firm in the lawsuit from the insurance companies over unpaid premiums. Although the affidavit, invoices and other evidence the firm introduced met its evidentiary burden as to the insurance companies' counts of open account and account stated, the firm's failure to attach the underlying insurance policies means it did not meet its burden as to the companies' breach of contract count, so the trial court's order is reversed as to that count and the case is remanded for more proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Emas, Filed On: February 28, 2024, Case #: 23-0594, Categories: insurance, contract
J. Stephens finds that the trial court properly found for an insurer on an insured's claim that the insurer did not make full payment to cover roof damages sustained during a hurricane. The record shows that the insurer properly compensated the insured for the damages to her home by providing the full replacement cost value, even though the repairs to her home are incomplete. Although the insured is unsatisfied with the contractor's work on the house, the insurer has fulfilled its obligations. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: February 28, 2024, Case #: 55,381-CA, Categories: insurance, contract
Per curiam, the appellate division finds that the lower court properly found for the insurer, ruling that it is not obligated to provide supplementary uninsured/underinsured motorists coverage under an insurance policy. The insurer is not obligated to provide supplementary uninsured/underinsured motorists because the injured bus driver failed to obtain its prior consent to a settlement with the driver responsible for the accident. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 28, 2024, Case #: 00998, Categories: insurance, Tort, contract
J. Mahan grants the officer and the life insurance company's motions to dismiss. The law firm negotiated a settlement with the city regarding workers' compensation benefits for the officer's injury, which occurred in the line of duty. The officer also has a claim for long term disability benefits under a policy insured by the company, and the law firm perfected a lien for fees and costs under the retainer agreement constituting 40 percent of total recovery benefits. However, the insurance company is not a contemplated party in the retainer agreement, and the agreement does not permit the firm to collect 40 percent of the long-term disability insurance proceeds.
Court: USDC Nevada, Judge: Mahan , Filed On: February 28, 2024, Case #: 2:23cv1151, NOS: Other Contract - Contract, Categories: insurance, contract, Workers' Compensation
J. Rice finds that the district court properly concluded that a title company was not contractually liable to provide title insurance based on pro forma documents it created showing that it would issue title insurance on the subject properties. The documents expressly instructed that insurance would be issued only after further requirements were met. Affirmed.
Court: Montana Supreme Court, Judge: Rice, Filed On: February 27, 2024, Case #: DA 22-0486, Categories: insurance, Property, contract
J. Dooley grants the insurer's motion for summary judgment, ruling its policy with the homeowner sued by the parents of a child injured in her care does not require coverage for the underlying lawsuit. The nature of the child's injuries were caused by intentional conduct and, therefore, do not constitute an occurrence under the policy.
Court: USDC Connecticut, Judge: Dooley, Filed On: February 27, 2024, Case #: 3:22cv889, NOS: Insurance - Contract, Categories: insurance, contract
J. Easterbrook finds that the lower court properly found for the insurer in a dispute over its responsibility to pay to replace a furnace refractory at a cost of $400,000 after the furnace failed. The insurer's investigation found that the refractory failed because of faulty welding, and the policy only covers damage to the refractory if it is damages by fire, wind, hail or explosion. Further, the insurer is not required to pay for damages due to the destructive testing on the damages refractory because the smelter agreed to the testing. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: February 23, 2024, Case #: 22-2556, Categories: insurance, contract