753 results for 'cat:"Insurance" AND cat:"Contract"'.
J. Grasz finds a lower court properly dismissed an insurance company's contract claims against Deere & Company. The insurance company argued that Deere & Company is obligated to reimburse it for coverage payments in two separate tractor fires. However, Deere & Company sufficiently showed in court that its insurance policy covers both manufacturing and design defects in its express warranty. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 20, 2024, Case #: 23-2506, Categories: insurance, Warranty, contract
J. Duffin denies the storage company's motion for partial summary judgment in its lawsuit over the insurance company's refusal to cover the entirety of its claim for damages its cold storage facility suffered when the facility's roof collapsed due to heavy snow and ice. The insurance company has sufficiently argued that exclusions in its policy preclude coverage for damages to the floor of the storage company's facility, including an exclusion for "earth movements" like the frost heave that may have caused the damages.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: May 20, 2024, Case #: 2:23cv362, NOS: Insurance - Contract, Categories: insurance, contract
J. Easterbrook finds that the lower court properly ruled that a provision of the insurer's basic commercial policy excluding coverage for any claim arising out of the disclosure of a person's personal information applies to claims arising under the Illinois Biometric Information Privacy Act. However, the insurer must defend the employer under its umbrella policy as the data-breach liability exclusion and the employment-related practices exclusion does not apply to claims brought under BIPA. Affirmed.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 17, 2024, Case #: 23-1521, Categories: insurance, Privacy, contract
J. Kelley grants a life insurance company’s motion for judgment on the pleadings against a beneficiary of one of its life insurance policies after the policy was terminated in response to the beneficiary failing to pay the annual premium in a timely manner. The beneficiary was required to do more than just submit a check for the insurance premium past its due date to have her insurance reinstated.
Court: USDC Massachusetts, Judge: Kelley, Filed On: May 17, 2024, Case #: 1:23cv11676, NOS: Insurance - Contract, Categories: insurance, contract
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J. Chase finds that the trial court properly dismissed the insurer of a driver in this car collision suit caused by a hit and run driver. In this case, uninsured motorist coverage was validly waived by the primary policy holder under Texas law. Texas law applies because the policy was issued and negotiated in Texas and lists only Texas addresses for the insurance agency and primary policy holder. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: May 16, 2024, Case #: 2023-CA-0734, Categories: insurance, contract
J. Schlegel finds that the trial court should not have denied an insurer's motion for summary judgment for coverage to an insured on a claim of faulty repair work the insured performed on a truck. The insurer's policy does not provide coverage for damages arising from faulty workmanship. Further, the truck owner presented evidence that when its employees went to retrieve the truck, the insured's employee started up the truck and drove it a short distance despite the fact that the engine warning light and alarm had activated due to lack of sufficient oil in the engine. Therefore, the "products completed operations hazard” does not apply because the truck was still on the insured's property at the time the damage occurred. Reversed.
Court: Louisiana Court Of Appeal, Judge: Schlegel, Filed On: May 15, 2024, Case #: 24-C-125, Categories: insurance, contract
J. Miller finds the trial court improperly ordered an appraisal in the insurance company and insured's dispute over coverage of damages the insured's property sustained from Hurricane Irma. The trial court was required to conduct an evidentiary hearing to determine if the insured complied with all of its post-loss obligations under the policy, such as maintaining expense records and allowing an inspection of the property, so its order for appraisal was premature. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: May 15, 2024, Case #: 23-1672, Categories: insurance, contract
Per curiam, the appellate division finds the lower court properly ruled against the insurer on its claim it is entitled to discovery to recoup defense expenses. This court twice previously held it is obligated to defend the city in the underlying action. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 14, 2024, Case #: 02662, Categories: insurance, contract
J. Hassan finds that the trial court improperly ruled in favor of the police officer in a dispute with her insurer over the denial of uninsured/underinsured motorist benefits after a rear-end crash. The record does not show that the "regular-use exclusion" as applied to the officer's patrol vehicle violates public policy, so she is not entitled to the UM/UIM benefits. Reversed.
Court: Texas Courts of Appeals, Judge: Hassan, Filed On: May 14, 2024, Case #: 14-22-00450-CV, Categories: insurance, contract
[Consolidated.] J. Winkler finds that the lower court properly granted the insurers' motion for summary judgment and determined they were not required to indemnify Chiquita for lawsuits related to its funding of Colombian terrorist organizations. The intentional act of providing funds to the groups led to the deaths of the plaintiffs in the lawsuits and, therefore, cannot be considered accidents under the insurance policies. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: May 10, 2024, Case #: 2024-Ohio-1775, Categories: insurance, Tort, contract
J. Barnes finds the district court improperly found in favor of the insurance claimant. The adult son was injured in an accident arising from his mother's loss of control of her vehicle and filed a negligence suit against her. She filed a third-party petition against the insurer alleging breach of contract and bad faith, and was awarded compensatory and punitive damages, as well as attorney fees. The mother's argument the insurer failed to indemnify her because it denied coverage prior to suit is without merit. There is no basis for her claim the insurer breached its duty of good faith and fair dealing. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes , Filed On: May 9, 2024, Case #: 120117, Categories: insurance, Negligence, contract
J. Kloppenburg finds the circuit court improperly granted the insurance company's motion to dismiss a lawsuit from a construction company assigned an insurance policy claim from a funeral home where the construction company replaced the roof after it sustained hail damages. The construction company has sufficiently alleged its claim that the insurance company refused to engage in the appraisal processes under the relevant property insurance policies, and the circuit court improperly considered allegations of fact in briefs from the insurance company under law governing motions to dismiss, so the order is reversed and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: May 9, 2024, Case #: 2023AP002109, Categories: insurance, contract
Per curiam, the appellate division finds that the lower court properly found the insurer had untimely disclaimed insurance coverage in an underlying labor law action. The insurer had reasonable notice that the excess policy might be triggered as soon as it received a 2017 litigation plan. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02505, Categories: insurance, contract
J. Traum finds for an insurer on an insured's action seeking coverage for an offroad ATV accident on the presumption the ATV was covered under his homeowner's umbrella policy. Though the same agent handled the umbrella policy as well as the separate ATV policy, nothing in the record indicates the ATV is covered under the umbrella policy or that the insured party was told so.
Court: USDC Nevada, Judge: Traum , Filed On: May 7, 2024, Case #: 3:21cv419, NOS: Insurance - Contract, Categories: Evidence, insurance, contract
Per curiam, the appellate division finds that the lower court improperly denied the insurance fund's motion seeking $943,000 from the company for amounts due under the policy. The business failed to show that the fund miscalculated the premiums owed under its policy. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02498, Categories: insurance, contract
J. Kirsch finds that the lower court properly found for the insurer in a dispute over insurance coverage for the non-responsible parties of an auto accident. These parties cannot recover as assignees of the insured, because the the assignment's covenant not to execute the judgment against the insured personally rendered the insured not legally responsible, therefore triggering no responsibility on the part of the insurer. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 7, 2024, Case #: 23-1299, Categories: insurance, contract
J. Moore finds the county court properly dismissed the attorney's complaint seeking fees under a contingency fee agreement. The attorney and former client entered into a contract for representation in a life insurance claim, though the claim was paid before the attorney began litigating the case. The county court correctly determined there was no meeting of the minds concerning the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 7, 2024, Case #: A-23-455, Categories: insurance, Attorney Fees, contract
J. Slaughter finds that the trial court improperly granted judgment to one defendant in an insurance dispute because a reasonable jury could have held that the insurer acted in bad faith by canceling coverage of plaintiff's vehicle. However, the court properly held that an insurance agent could not be found at fault. Reversed in part.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: May 6, 2024, Case #: 24S-CT-159, Categories: insurance, contract
J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: insurance, Negligence, contract
J. Cole grants, in part, the insurer's motion for judgment on the pleadings, ruling the policyholder's failure to include in its complaint an allegation that it complied with occurrence notice provisions in the life insurance policy renders its contract claim defective; therefore, the complaint will be dismissed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 1, 2024, Case #: 1:23cv407, NOS: Insurance - Contract, Categories: insurance, contract