1,942 results for 'cat:"Insurance"'.
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. Herman finds that the trial court properly denied the insurance guaranty association's motion for summary judgment in this asbestos suit. After two of the employer's previous insurers became insolvent, the association assumed its statutory obligation to the employer. The association did not show that the insolvent insurers' policies issued to the employer of the asbestos claimant contained an exclusion for coverage, and the association could not produce the actual policies issued. Further, there was testimony that the association had accepted 60 cases for the employer. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: May 16, 2024, Case #: 2023-CA-0575, Categories: insurance, Asbestos
J. Pohlman finds that the lower courts erred in altering the terms of an agreement that had settled a tenant's negligence claims for injuries from an apartment deck collapse. The settlement's plain language calls for the landlord to pay all sums to the tenant, who would then be liable for any subrogation and health care liens. No provision allowed for the landlord to split the sum between the tenant and a collection agency that claimed to have a health care lien on the settlement funds. Reversed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: May 16, 2024, Case #: 20220901, Categories: insurance, Settlements, Negligence
J. Pierre issues a preliminary injunction prohibiting two health care providers accused of participating in a no-fault insurance scheme from prosecuting pending arbitration proceedings and from filing any new lawsuits or arbitrations against a health insurance provider seeking reimbursements for medical services rendered. The court finds the insurer will most likely win on its claims that they are not eligible for benefits and ultimately defrauded the insurer out of millions of dollars in insurance benefits. The court, however, declines to prohibit the health care providers from litigating their pending state court actions, finding such relief is precluded under the Anti-Injunction Act.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: May 16, 2024, Case #: 1:24cv360, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: Health Care, insurance
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
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J. Lawrence finds that the Workers' Compensation Board Appellate Division improperly affirmed a decision of an administrative law judge rejecting the company's petition to apply the entire Social Security offset "to its compensation payments to its former employee." The court concludes that the company should be allowed to take the full offset. Vacated.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: May 16, 2024, Case #: 2024ME38, Categories: insurance, Social Security, Workers' Compensation
J. Grove finds the district court properly entered judgment in favor of a driver in this uninsured motorist claim stemming from the insurer’s client causing a car crash. The client failed to have a supervised adult in the vehicle since she only had a learner’s permit. The matter of attorney fees and cost is remanded for further proceedings. Affirmed in part. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Grove, Filed On: May 16, 2024, Case #: 2024COA54, Categories: insurance, Vehicle, Negligence
J. Barnes finds that the trial court properly granted the insurer's motion for judgment on the pleadings in a declaratory judgment action brought by the widow alleging that a commercial general liability policy issued by the insurer to the other driver in the collision that fatally injured the husband provided coverage for the crash. The trial court correctly found that the policy excluded coverage for the collision. The automobile exclusion in the policy excluded coverage for any bodily injury that arose out of the use of the driver's vehicle. Affirmed.
Court: Georgia Court of Appeals, Judge: Barnes, Filed On: May 15, 2024, Case #: A24A0284, Categories: insurance
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. Thrash denies the insured's motion to dismiss a declaratory judgment action brought by the insurer seeking an order affirming that it has no duty to defend the insured in an underlying wrongful death and fraud action arising from a decedent's death due to alleged mold exposure. The policy unambiguously excludes coverage for injuries due to mold exposure. The insurer's motion for judgment on the pleadings is denied as premature since the insured has not yet filed an answer.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: May 15, 2024, Case #: 1:23cv4726, NOS: Insurance - Contract, Categories: insurance
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
J. Treadwell rules in favor of the insurer in an action seeking a declaration that it has no duty to defend or indemnify the insured in an underlying lawsuit arising after a car it sold caught fire. The insured failed to timely comply with the policy's notice requirements. The insured did not notify the insurer of the accident until almost two years later. Even if the insured had complied with the notice requirements, the policy excludes coverage for fraudulent and dishonest acts, errors or omissions.
Court: USDC Middle District of Georgia, Judge: Treadwell, Filed On: May 15, 2024, Case #: 5:23cv74, NOS: Insurance - Contract, Categories: insurance
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. Novak grants the attorney's motion to determine whether the insurance company properly calculated the benefits owed to him, considering the court's recent determination that the insurance company abused its discretion in denying his long-term disability benefits for the second time. The insurance company has consistently dodged paying the attorney benefits that stem from his having serious heart surgery. The insurance company abused its discretion for a third time by determining that the attorney's earned-income social security benefits, as compared to social security benefits received due to his disability, could be offset against his long-term disability benefits.
Court: USDC Eastern District of Virginia, Judge: Novak , Filed On: May 14, 2024, Case #: 1:22cv125, NOS: Fair Labor Standards Act - Labor, Categories: Erisa, insurance, Labor
J. Landau finds that the trial court properly dismissed the insured's action in connection with a claim she made on her homeowners' insurance policy for damage to her plumbing caused by the freeze in Texas in early 2021. The damage was "water" damage even though it was prompted by the freeze, so the insured's claim was subject to the water damage endorsement's coverage limit of $10,000. Affirmed.
Court: Texas Courts of Appeals, Judge: Landau, Filed On: May 14, 2024, Case #: 01-22-00797-CV, Categories: insurance
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
Per curiam, the Oklahoma Supreme Court answers the certified question, "Where the passenger was killed in an employer-owned vehicle with liability insurance and has not shown the claim would exceed coverage, but where he also cannot recover under the policy because a worker's compensation provision bars suit against the employer, does that vehicle qualify as an uninsured vehicle?" The vehicle does qualify as an uninsured vehicle.
Court: Oklahoma Supreme Court, Judge: Per curiam, Filed On: May 14, 2024, Case #: 120403, Categories: insurance, Wrongful Death, Workers' Compensation
J. Byron awards attorney fees for representation in this class action. The class action arose from insurance coverage "total loss" payments on accident-involved vehicles that did not include taxes and regulatory fees. The Eleventh Circuit’s remand instructions need not disturb hourly rates that this district previously found reasonable for paralegals. Unlike the analysis of the hourly rates for the attorneys, in arriving at the paralegal’s rates, previous awards were expressly considered, while awards outside the district were not considered.
Court: USDC Middle District of Florida, Judge: Byron , Filed On: May 13, 2024, Case #: 6:17cv890, NOS: Insurance - Contract, Categories: insurance, Attorney Fees
J. King finds in favor of the insurance company on the fraud claim in the insured's complaint alleging that the insurance company must provide more coverage for an accident caused by an underinsured motorist. The insureds' claims for bad faith, negligence, fraud, Insurance Fair Conduct Act and Consumer Protection Act are all time-barred.
Court: USDC Western District of Washington, Judge: King, Filed On: May 13, 2024, Case #: 2:23cv873, NOS: Insurance - Contract, Categories: Fraud, insurance, Negligence
[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. Stargel finds that the trial court improperly dismissed this case, an insurance action to recover unpaid attorney fees, for improper venue. The law firms allege that the venue was proper because there were multiple cases of action in the complaint accrued there, but the trial court had dismissed the action based on principle of priority. The law firms were not the ones to initiate the previous case and the charging lien had been withdrawn before the dismissal in the present case. Therefore, the trial court did not properly analyze the propriety of the venue choice and this case is to be remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: May 10, 2024, Case #: 6D23-1384, Categories: insurance, Venue, Attorney Fees
J. Bourgeois grants a homeowner’s request of State Farm for policies and procedures for claims adjusters and home inspectors that applied during 2022, the year of hail damage to her property. The homeowner’s original discovery request for the insurer’s documents, from 2020 to present, is overly broad. The homeowner is suing State Farm for bad faith on allegations the insurer failed to provide full payment for hail damage so she was unable to fully repair her home, resulting in leak damages.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: May 10, 2024, Case #: 3:23cv211, NOS: Insurance - Contract, Categories: insurance, Damages, Discovery
J. Lehrmann finds that the court of appeals improperly ruled in favor of a property owner who claims the insurance company improperly denied coverage for hail and windstorm damage to his beachfront condo. The court of appeals found that the trial judge lacked jurisdiction over the case because she was not appointed by the Judicial Panel on Multidistrict Litigation. While the requirement that a judge must be appointed by the panel to hear litigation such as this is mandatory, it is not jurisdictional. The trial court did not lack jurisdiction because the judge was not appointed and the legislature did not have such an intent in crafting this area of the insurance code. Reversed.
Court: Texas Supreme Court, Judge: Lehrmann, Filed On: May 10, 2024, Case #: 23-0447, Categories: Civil Procedure, insurance, Jurisdiction