28 results for 'cat:"Insurance" AND cat:"Damages" AND cat:"Contract"'.
J. Leichty denies various insurers' motions for judgment as a matter of law. The owner of a warehouse whose property was damaged in a flood sued several insurance companies for breach of contract, which were found to be liable for various environmental and electrical damages. The jury was not unreasonable by taking the most conservative estimate for environmental remediation. The owner presented sufficient evidence for the jury to find the insurers acted in bad faith in coopting the expert engineer the owner hired for representation to protect the insurers.
Court: USDC Northern District of Indiana, Judge: Leichty , Filed On: March 22, 2024, Case #: 3:21cv227, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Settle grants the insurance company summary judgment against bad faith, Insurance Fair Conduct Act and Washington Consumer Act claims in the nonprofit corporation's complaint that the insurance company wrongfully refused to defend the nonprofit in an underlying lawsuit. The insurance company has no duty to defend the nonprofit because the potential of a warrant of abatement and the cost of permits to continue using the property as a shooting range do not qualify as damages under the insurance policies.
Court: USDC Western District of Washington, Judge: Settle, Filed On: February 29, 2024, Case #: 3:11cv5021, NOS: Insurance - Contract, Categories: insurance, damages, contract
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J. Coulson finds a lower court properly dismissed a university's contract claims against an insurance company. The university argued that the insurance company was obligated to provide coverage after it executed a controlled detonation of a buried bomb that was planted in the ground 79 years ago. However, the insurance company sufficiently showed in court that it was not obligated to provide coverage for damages as a result of "occasioned by war." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Coulson, Filed On: December 14, 2023, Case #: CA-2023-949, Categories: insurance, damages, contract
J. Kelly finds a lower court properly granted summary judgment in favor of an insurance company on a car dealership's contract claims. The car dealership argued that the insurance company was obligated to provide coverage after his establishment caught fire, damaging the premises. However, the insurance company sufficiently showed in court that the dealership's complaint was foreclosed under a limited settlement agreement and release of disputed property damage claims. Affirmed.
Court: 8th Circuit, Judge: Kelly, Filed On: December 13, 2023, Case #: 23-1282, Categories: insurance, damages, contract
J. King awards the insured $582,200 in non-economic damages in his lawsuit trying to collect on an underinsured motorist policy after he was injured in a vehicle collision and suffered a mild traumatic brain injury. The insured presents sufficient evidence that his injury and attendant cognitive deficits impair, and will continue to impair, his ability to lead a normal life. The insurance company does not sufficiently argue that the insured's ability to enjoy some of his former hobbies negates the seriousness of his injuries.
Court: USDC Western District of Washington, Judge: King, Filed On: December 4, 2023, Case #: 2:20cv1250, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Ludwig finds for the insurance company in a coverage dispute between itself, a third-party insurance company and a manufacturer that sustained severe damages to its Nashville warehouse and losses of inventory due to historic flooding in 2021. The insurance company's motion for summary judgment is granted, as the pollution exclusion clause under the excess liability policy it issued to the manufacturer clearly precludes coverage of the costs of cleaning up "pollutant" debris from the flood, leaving it no duty to indemnify. The third-party insurance company and manufacturer's motions for summary judgment are partially granted, in part because the third-party company's policy with the manufacturer covers debris clean-up costs of up to $10 million regardless of distance from the warehouse.
Court: USDC Eastern District of Wisconsin, Judge: Ludwig, Filed On: December 1, 2023, Case #: 2:21cv1018, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Hester finds that the lower court properly ruled in favor of the insurer in a dispute over coverage for tree debris removal following a hurricane. The coverage for tree removal is limited to $1,000 in the policy, so the owner's damages do not exceed the "hurricane deductible." Affirmed.
Court: Louisiana Court Of Appeal, Judge: Hester, Filed On: October 11, 2023, Case #: 2023CA0226, Categories: insurance, damages, contract
J. Flanagan partially grants a farmer's motion for summary judgment following breach of contract allegations he brought against an insurance company after it refused coverage for fire damage. The farmer lost a combine and other equipment in the fire, for which the company owes him restitution. However, the farmer's claim that the company should cover costs he incurred hiring labor to harvest his crops as a result of his equipment loss is not the company's responsibility.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 25, 2023, Case #: 7:22cv25, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Casper dismisses the insured company's suit against the insurance company because the insurance company's policy clearly states that it does not cover damages from a dishonored check unless it was issued by its insured, its insured's agent, or by someone impersonating its insured or its insured's agent, which is not the case here.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 19, 2023, Case #: 1:22cv11980, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Chang grants an insurance policyholder’s motion for a declaration that this insurance dispute, over whether and what amount of coverage an insurance company owes the policyholder for his property’s ice damage, is best settled via an appraisal process.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: August 28, 2023, Case #: 1:23cv905, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Guidry grants a request by a Louisiana-based insurance agency, dismissing the entity from a hurricane-damage suit brought by a suburban New Orleans realty company against a carrier in Ohio. The insured has made no allegation that the agency obtained the wrong type of policy or that it failed to account for a relevant history in making insurance recommendations. Therefore, the agency did not owe the insured a heightened duty of care nor did it fail to provide any insurance coverage requested by the realty company.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: August 24, 2023, Case #: 2:22cv2883, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Bell denies an insurance company its motion to sever itself from a trucking firm in a suit against both brought by a tire manufacturing company after $31 million of product was damaged in a windstorm. The manufacturing company stored its product in a warehouse provided by the firm, which agreed to replace any damaged goods, but following the wind storm, the firm refused to cover any damages. The insurance company removed the action to the federal district court without the firm's consent, but because the firm is also a legitimate party to the suit, it cannot be severed, so the case must be remanded.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 22, 2023, Case #: 3:23cv335, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. MacIver finds the trial court improperly barred the insured from amending her complaint against the insurance company over coverage for windstorm damages to her property to add a claim for punitive damages. The insured met the required standard of establishing a reasonable basis for it to be found that the insurance company intentionally misrepresents its coverage obligations and fails to properly investigate claims as general business practices, so she should have at least been allowed to argue a claim for punitive damages based on intentional misconduct even though the insurance company claims its misrepresentations were a mistake. Reversed.
Court: Florida Courts Of Appeal, Judge: MacIver, Filed On: August 11, 2023, Case #: 22-2334, Categories: insurance, damages, contract
[Consolidated]. J. Shepherd finds a lower court properly dismissed a bar owner's motion for coverage against an insurance company. The bar owner argued that the insurance company wrongfully denied his claims for damages after a bystander suffered injuries from a stray bullet in a bar room brawl. However, the bar owner's insurance policy does not cover assault and battery claims. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: August 1, 2023, Case #: 22-2496, Categories: insurance, damages, contract
J. Dries finds State Farm must engage with the homeowners in the process of appraising damages to their home, particularly cracks in the stone basement wall, caused by explosive blasting to remove underground rock during construction at their neighbors' property. Because the parties disagree on the "amount of loss" and whether the damages can even be repaired without razing the home, the homeowners properly demanded appraisal as they have a right to under their policy and case law supports the dispute over damages being subject to appraisal, the homeowners motion for declaratory judgment compelling appraisal is granted.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: June 27, 2023, Case #: 2:22cv734, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Harris finds the trial court properly denied the insured's motion to amend his complaint with a claim for punitive damages in his lawsuit against the insurance company over its handling of his claim over damages his home suffered when it was struck by lightning. The insured has failed to bring sufficient evidence to show that the delayed appraisal process for his claim, which he says violated Florida law, occurred with enough frequency to be deemed a "general business practice" for the insurance company, so he is not entitled to bring a claim for punitive damages. Affirmed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: June 23, 2023, Case #: 22-1648, Categories: insurance, damages, contract
J. Rubin grants a fire protection equipment and services firm’s motion for summary judgment against Nationwide’s negligence and breach of warranties claims when the sprinkler system in a local community center froze and caused water damage. According to the agreement, the actions of the firm are covered and therefore, Nationwide cannot recover $294,000 in damages from the firm.
Court: USDC Maryland, Judge: Rubin, Filed On: June 14, 2023, Case #: 1:20cv684, NOS: All Other Real Property - Real Property, Categories: insurance, damages, contract
J. Hollander partially grants a life insurance firm’s motion to dismiss allegations of breach of contract brought by a class of consumers, specifically regarding a punitive damages claim. Maryland state law observes that parties can sue for punitive damages only in tort cases, not breach of contract. However, since the firm is based out of Missouri, and it was aware that it charged consumers for expenses unrelated to death, according to state law there, the consumers’ claim for punitive damages as related to conversion may proceed.
Court: USDC Maryland, Judge: Hollander, Filed On: June 7, 2023, Case #: 1:22cv1100, NOS: Insurance - Contract, Categories: insurance, damages, contract
J. Pryor finds that the district court properly denied the insurer's motion for a new trial alleging that a jury's $9.2 million damages award in favor of the insured in a breach of contract action against the insurer was excessive. The action arose out of the insurer's decision to deny the insured's claim for hurricane damages. The jury's verdict was within the range of damages that a jury reasonably could have awarded based on the evidence. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 5, 2023, Case #: 20-13954, Categories: insurance, damages, contract
Per curiam, the circuit finds that the district court improperly set damages in claims contending plaintiff had been denied insurance coverage for a fire on grounds that she did not occupy the home. The insurer failed to rebut plaintiff's contention that she had not been provided a written policy outlining the residency requirement, but she had been awarded the $358,000 face value of the policy without providing details about rebuilding costs. On remand, she must submit such evidence, which the insurer may attempt to rebut.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 18, 2023, Case #: 22-86, Categories: insurance, damages, contract
J. Bryan declines to dismiss the university student's bad faith claim that the insurance company must provide the $300,000 policy limit to cover her medical expenses from an accident with an uninsured motorist, who drove under the influence when they struck her vehicle. The university student sufficiently alleges that she suffered harm due to the insurance company's supposed bad faith conduct, as she hired an investigator following the insurer's denial of her demand for the $300,000. Washington State acknowledges financial expenses from an insured's investigation following an insurance company's bad faith as recoverable damages.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: May 11, 2023, Case #: 3:22cv5489, NOS: Insurance - Contract, Categories: insurance, damages, contract