6 results for 'cat:"Civil Procedure" AND cat:"Insurance" AND cat:"Damages"'.
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: civil Procedure, insurance, damages
J. Vitter denies an insurer's request to dismiss a policyholder’s coverage claims on grounds he failed to add two additional named insureds to his suit. The insurer “appears to misunderstand” the rules of civil procedure it alleges its insured is violating. The failure to add a person deemed a required litigant to the suit does not mandate the dismissal of the entire action; rather, the proper remedy in such a scenario is for an order that the “absent-yet-required" person be made a litigant in the case.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:23cv6331, NOS: Insurance - Contract, Categories: civil Procedure, insurance, damages
J. Doughty denies a request by three car passengers who survived a collision with a tractor-trailer to stay an order depositing a policy limit $3 million from the trucking company's insurance company into a court registry pending resolution of claims against the company and its truck driver. The trucking company and its insurer successfully requested the deposit of the insurance proceeds, according to the rules of civil procedure. Halting deposit of the funds would be improper. Legal custody of the separately represented two minor children of the deceased car driver remains in dispute. The ruling resolves the insurer’s liability regarding the $3 million of its policy, it does not resolve further potential liability incurred by the trucking company and its operator. The ruling adopts the recommendations of a magistrate judge's report.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 21, 2023, Case #: 3:23cv529, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Procedure, insurance, damages
J. Urias mostly denies motions for summary judgment brought by an insurance company in a lawsuit against a trucking company that allegedly caused an accident with another truck carrying pharmaceutical products insured by the insurance company, damaging those products. A motion declaring the “wholesale acquisition costs” of the products to be “the accurate measure of damages” is denied because the trucking company disputes this measure and this disagreement would be best resolved through specific pretrial motions — though this court has “serious doubts” about the trucking company’s proposed analysis of damages. Summary judgment is partially granted on the trucking company’s “Affirmative Defense of Mitigation” because while the trucking company can argue at trial that the insurance company and its client did not do enough to save the products, it has not provided yet adequate evidence of this assertion.
Court: USDC New Mexico, Judge: Urias, Filed On: May 16, 2023, Case #: 1:18cv336, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: civil Procedure, insurance, damages
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