6 results for 'cat:"Insurance" AND cat:"Fiduciary Duty" AND cat:"Contract"'.
J. Jolivette Brown grants a request by an insurance company, dismissing a homeowner’s contract claims arising from her hurricane-related property damages. The policy was issued to the mortage lender. The homeowner, as mortgagor, has not established she is entitled to any benefits from the policy. She unsuccessfully argues the remaining balance on the mortgage is $695,000 and, because the policy limit of $1 million exceeds the mortgage balance by $387,000, the lower, remaining amount is intended to benefit her. The policy does not contain a provision stating that any excess payment would be given to the mortgagor.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: February 28, 2024, Case #: 2:23cv6691, NOS: Insurance - Contract, Categories: insurance, fiduciary Duty, contract
J. Carnes finds that the district court properly dismissed a breach of contract, fiduciary duty and negligence action brought by the estate and clinic against the insurers stemming from an insurance coverage dispute which arose after a $60 million consent judgement was entered in an underlying wrongful death action in favor of the deceased liposuction patient's estate and against the clinic. The district court correctly found that a four-year statute of limitations applied to the fiduciary duty claim and that the claim was barred by the statute of limitations. The insurance policy unambiguously includes a policy limit of $50,000 for a claim of professional liability. The insurer had already incurred expenses beyond that amount defending the estate claims, therefore the policy limit was exhausted. Affirmed.
Court: 11th Circuit, Judge: Carnes, Filed On: February 8, 2024, Case #: 22-10614, Categories: insurance, fiduciary Duty, contract
J. Nunley grants, in part, Land O’ Lakes’ partial motion to dismiss an individual’s claims related to the denial of his claim for indemnity under his dairy revenue protection policy. The individual fails to show a fiduciary duty to support his breach of fiduciary duty claim, and also fails to show it had an intent to defraud him to support his intentional misrepresentation claim.
Court: USDC Eastern District of California, Judge: Nunley, Filed On: January 17, 2024, Case #: 1:22cv731, NOS: Other Contract - Contract, Categories: insurance, fiduciary Duty, contract
J. Silva grants the insurance company’s motion for partial summary judgment in this bad faith insurance action arising from home damage caused by a tree felled during a windstorm. After some confusion and disagreement involving an inspector who was not certified in Nevada, the covered parties hired their own contractor to perform repairs, which resulted in water damage by the fault of the contractor. Another claim was filed for this damage and the homeowners say full benefits were not paid. Expert testimony supports the insurer’s actions as not unreasonable and complying with some of the homeowner’s requests. The homeowners have not demonstrated a genuine issue for trial.
Court: USDC Nevada, Judge: Silva, Filed On: October 16, 2023, Case #: 2:21cv652, NOS: Insurance - Contract, Categories: insurance, fiduciary Duty, contract
J. Houston grants a third-party insurance company's motion to dismiss fiduciary duty claims brought by a Homeland Security agent who allegedly threatened a civilian with a gun while off duty. The insurance company's actions of "referring the agent to defense attorneys and paying any legal bill that was subject to a later policy coverage determination on whether he was acting in the course and scope of his employment was within the normal course and scope of the insurer-insured relationship," and did not create a fiduciary relationship. The agent's claims that the insurer breached its duties is adequately redressed by a claim alleging bad faith rather than a fiduciary duty claim.
Court: USDC Southern District of California, Judge: Houston, Filed On: September 27, 2023, Case #: 3:18cv1012, NOS: Other Personal Injury - Torts - Personal Injury, Categories: insurance, fiduciary Duty, contract
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