6 results for 'cat:"Insurance" AND cat:"Immunity"'.
J. Bell grants a district attorney and several state investigators’ motions to dismiss allegations that they abused their power in an investigation into a stolen diamond ring brought by a woman’s then-boyfriend. The woman filed an insurance claim for the ring, although her former boyfriend claimed to have no tie to the claim and said she had sold him the ring. The DA and investigators ultimately found the ring in a “green origami bag” at the boyfriend’s residence. He was unhappy with how the investigation was handled and asked a former governor to intervene on his behalf, which he did. The boyfriend also hired a lawyer to recover the ring and someone to ghostwrite a book about this experience with the criminal justice system. According to the boyfriend, this is when the DA threatened to prosecute him. All of the boyfriend’s claims fail under sovereign, prosecutorial, public official and qualified immunity. The DA and the state investigators did not act maliciously nor outside of their professional roles.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: January 29, 2024, Case #: 5:23cv116, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, insurance, immunity
J. Triana finds that the trial court properly ruled against a political subdivision insurance provider in a workers' compensation case brought by the Texas Department of Insurance. The department ordered the insurance provider to pay administrative penalties for failing to dispense workers' compensation benefits. The provider argues that it is entitled to governmental immunity, but under the Worker’s Compensation Act, the provider’s immunity is waived for administrative penalties. Affirmed.
Court: Texas Courts of Appeals, Judge: Third, Filed On: October 31, 2023, Case #: 03-22-00241-CV, Categories: insurance, immunity, Workers' Compensation
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
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J. Guerrero finds that the appeals court erred in holding that a county is immune from hospital collections claims for unpaid emergency room bills. The Government Claims Act does bar hospitals from seeking reimbursement under the the Knox-Keene Health Care Service Plan Act for emergency medical services provided to people enrolled in the county's health care service plan. The Government Claims Act provides immunity for tort claims, but does not apply to contract claims or other non-tort claims seeking money damages. Reversed.
Court: California Supreme Court, Judge: Guerrero, Filed On: July 10, 2023, Case #: S274927, Categories: Health Care, insurance, immunity