17 results for 'cat:"Evidence" AND cat:"Insurance" AND cat:"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
J. Alvord finds the lower court properly granted the insurer's motion for summary judgment. The flashing defects discovered in the modular home were not property damage, but proved only that property damage may occur in the future, which was insufficient to trigger coverage under its policy with the builder. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: March 28, 2024, Case #: AC45433, Categories: evidence, insurance, contract
J. Morrison grants the policyholder's motion for summary judgment on the interpretation of the deductible provision in its policy with the insurance companies, ruling ambiguous language requires the use of extrinsic evidence and testimony from an individual heavily involved in procuring the policies supports the policyholder's interpretation. Specifically, even though only a single manufacturing facility was damaged by the fire, the business losses of the company must be calculated using losses from all of the facilities, which are interconnected.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 14, 2024, Case #: 2:22cv2019, NOS: Insurance - Contract, Categories: evidence, insurance, contract
J. Bury rules an "avid art collector" may pursue insurance claims for a stolen Rolex watch, but not for the alleged theft of Andy Warhol and Keith Haring works of art. The insurance company sufficiently showed in court that the art collector did not actually owned the works of art, but may be entitled to obtain coverage for the watch.
Court: USDC Arizona, Judge: Bury, Filed On: March 8, 2024, Case #: 4:21cv119, NOS: Insurance - Contract, Categories: evidence, insurance, contract
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J. Pearson grants the insurer's motion for summary judgment, ruling evidence in the policyholder's medical history clearly indicates he had lymphoma at the time he applied for the relevant insurance policy, regardless of whether he had been diagnosed with the condition. Therefore, the insurer properly denied coverage because it was a preexisting condition.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: December 29, 2023, Case #: 4:22cv1514, NOS: Insurance - Contract, Categories: evidence, insurance, contract
[Consolidated] J. Herndon finds the trial court properly found in favor of the insured in a car collision-related dispute. The insurer failed to properly investigate the accident, and the jury's finding, based on substantial evidence, will not be overturned. Although the $150,000 in compensatory stands, the more than $1 million in punitive damages must be reversed because the trial court improperly allowed irrelevant testimony regarding other lawsuits against the company. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85090, Categories: evidence, insurance, contract
J. Jenkins grants summary judgment in favor of an insurance company in this suit that one of their insured customer’s adulterated products and sold them to an oral hygiene supply company. The supply company recalled the kits that were tainted and disposed of the solutions as required by government guidelines. The evidence is undisputed that there was no “occurrence” within the insured’s policy and the insurance company does not have to make any payments. The case is terminated for further proceedings.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: October 25, 2023, Case #: 1:19cv5308, NOS: Other Contract - Contract, Categories: evidence, insurance, contract
J. Lobree finds the trial court improperly entered a final judgment in favor of the insured in her dispute with the insurance company regarding coverage of a claim over water damages to her house. The trial court incorrectly denied the company's motion in limine to block from evidence the homeowner's replacement-cost estimate of the damages and instead limit evidence on damages to actual cash value, which resulted in the homeowner not bringing evidence of the correct estimate of damages. The trial court's order is overturned and the case is remanded for a new trial. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: October 4, 2023, Case #: 20-0367, Categories: evidence, insurance, contract
J. Stephens finds that the trial court should not have denied an insurer's motion for summary judgment on a claim by the insured homeowner who was run over by a painting employee who was driving to the home to perform work. In this case, the insurance policy was for the purpose of the insured's employer's covered vehicles, and it is undisputed that the insured was not using any automobile at the time of the accident. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stephens, Filed On: September 27, 2023, Case #: 55,136-CW, Categories: evidence, insurance, contract
J. Pechman denies summary judgment to the insurance company against the insured's bad faith claim in her lawsuit alleging that the insurance company must cover her claim for injuries to her neck, back and shoulder she sustained when an uninsured motorist struck her vehicle and horse trailer. The bad faith claim cannot be resolved with summary judgment at this time because the insured and the insurance company present contrasting and competing evidence, and to weigh in the insurance's company's favor would mean ignoring the insured's expert's opinions in an unfavorable way.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: August 31, 2023, Case #: 2:22cv1116, NOS: Insurance - Contract, Categories: evidence, insurance, contract
J. Rothstein grants partial summary judgment to the insurance company for its claim that it did not breach its duty to defend the insured in an underlying car collision lawsuit that claimed that the insured was at-fault. There is no corroborating evidence that the insurance company knew of the lawsuit's existence until Feb. 18, 2021, so the insurance company has no duty to defend the insured prior to that date.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 6, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: evidence, insurance, contract
J. Snow grants the plaintiff insurance company's motion to dismiss a certain theory alleged in the amended counterclaim against it. Specifically, the allegations do not show that the insurer acted in bad faith by denying the insurance claim for a fire that destroyed a building. Additionally, the building defendants will not be allowed to amend their counterclaim again.
Court: USDC Eastern District of Oklahoma, Judge: Snow, Filed On: June 20, 2023, Case #: 6:19cv427, NOS: Insurance - Contract, Categories: evidence, insurance, contract
J. Christel dismisses with prejudice the insured's extracontractual IFCA, CPA and bad faith claims alleging that the insurance company unreasonably refused to compensate the insured for damages he sustained in a motor vehicle accident. The insurance company conducted an investigation of the insured's claim and had a factual basis for its evaluation, which is that the insured did not provide the insurance company with evidence, such as his doctor's April 2020 opinion regarding his back injury, until after he sent a demand letter for litigation.
Court: USDC Western District of Washington, Judge: Christel, Filed On: June 14, 2023, Case #: 2:21cv1524, NOS: Insurance - Contract, Categories: evidence, insurance, contract
J. Johnson, in this accelerated appeal, finds the trial court properly denied the school district’s plea to the jurisdiction based on governmental immunity. The public adjuster claims the district failed to pay for representation in the investigation of claims for physical loss to Central Medical Magnet High School from Hurricane Harvey. Despite disagreement about the scope of the contract, the pleadings and unchallenged evidence submitted on the plea establish that the adjustor has sufficiently alleged an amount is owed. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: May 18, 2023, Case #: 09-22-00144-CV, Categories: evidence, insurance, contract