8 results for 'cat:"Government" AND cat:"Insurance"'.
J. Cain denies a request by a surplus line insurance company to dismiss a parish sheriff’s suit for damages to a public building caused by two hurricanes and a winter storm. The insurer argues coverage of the damaged building should be voided to the sheriff’s “misrepresentations” on ownership. The insurer has not shown how certain statements by the sheriff’s office are material to the insurer’s claims, “let alone pointed to any circumstances that they were made with the intent to deceive.”
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 3, 2024, Case #: 2:21cv3947, NOS: Insurance - Contract, Categories: Fraud, government, insurance
J. Melloy finds a lower court properly dismissed the Pharmaceutical Research and Manufacturers of America's claims that federal law impliedly preempts Act 1103, which prohibits drug manufacturers from placing limits on covered entities' ability to contract with outside pharmacies. The PhRMA argued that Section 340B program and the Federal Food, Drug, and Cosmetic Act preempt Act 1103. However, the commissioner of the State's insurance department sufficiently showed in court that the Act is not an obstacle for drug makers, but rather a mechanism to fulfill the purpose of 340B. Affirmed.
Court: 8th Circuit, Judge: Melloy, Filed On: March 12, 2024, Case #: 22-3675, Categories: government, Health Care, insurance
J. Penzato finds that the lower court properly ruled in favor of State Farm in a dispute with the Louisiana Insurance Commissioner over a hurricane duration deductible (HDD) that was applied to homeowners' claims resulting from Hurricane Barry. The commissioner's cease and desist order to State Farm that restricted its application of the HDD to claims was correctly declared invalid since there was no evidence it made any misrepresentations regarding the policy language. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: January 10, 2024, Case #: 2023CA0535, Categories: Administrative Law, government, insurance
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J. Counts grants an insurance company's motion to dismiss a case after it was sued by a check-cashing company seeking damages for a fraudulent Covid-19 relief payment check-cashing scheme that the company said cost it more than $70,000. The check-cashing company has failed to show why any of its fraud- or crime-related insurance clauses cover this crime, because while the company may have cashed the checks, the ultimate target of the fraud was the U.S. Treasury.
Court: USDC Western District of Texas , Judge: Counts, Filed On: September 21, 2023, Case #: 7:22cv221, NOS: Insurance - Contract, Categories: Fraud, government, insurance
J. Adams grants the insurer's motion for summary judgment, ruling it is not liable for any damages or litigation expenses incurred by the city after it was sued by an individual injured by a falling tree because the city failed to notify the insurer until more than two years into its defense of the lawsuit. The city's law director admitted he failed to notify the insurer because he thought the lawsuit was meritless, a decision that clearly prejudiced the insurer.
Court: USDC Northern District of Ohio, Judge: Adams, Filed On: September 14, 2023, Case #: 4:22cv749, NOS: Insurance - Contract, Categories: government, insurance, Contract
J. Fouratt denies an aviation company’s motion to compel testimony of two U.S. Department of Interior employees after determining it “lacks authority” to do so under current 10th Circuit precedent. While the aviation company argued DOI could testify regarding “demand for aircraft for the 2022 fire season” and other information relevant to the company’s claim that its insurer caused the company “substantial losses” by not promptly reassembling aircraft, both the company and this court lack clear authority to compel testimony of federal government non-parties.
Court: USDC New Mexico, Judge: Fouratt, Filed On: August 3, 2023, Case #: 2:22cv476, NOS: Other Contract - Contract, Categories: government, insurance, Immunity