108 results for 'cat:"Insurance" AND cat:"Jurisdiction"'.
Per curiam, the circuit finds the district court improperly dismissed the insurer's petition to appoint an umpire for lack of subject matter jurisdiction. The company refused to pay an additional $349,000 after paying the hail-damaged property owner $61,000 after deductions. The court erroneously concluded the petition did not meet the amount-in-controversy requirement for diversity jurisdiction. The company's petition establishes an amount in controversy of more than $75,000, meeting requirements for diversity jurisdiction. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-10888, Categories: insurance, Property, jurisdiction
J. Miller finds that the lower court properly denied the insurer's motion to dismiss fraud claims based on its alleged sale of an unlawful workers' compensation insurance program based on a forum-selection clause. The forum selection clause of an illegal insurance policy is not enforceable, and New York companies cannot be forced to litigate in Nebraska to vindicate their rights. Affirmed.
Court: New York Appellate Divisions, Judge: Miller, Filed On: April 17, 2024, Case #: 02032, Categories: Fraud, insurance, jurisdiction
J. Newbern recommends that the insurance company's dismissal motions be denied in this case arising from a three-vehicle accident and the "state court proceedings related to the accident." The court rules that the company's motions are untimely and insufficient. However, the court also recommends that the case be dismissed without prejudice based on a lack of jurisdiction. The motorist's claims are barred under the Rooker-Feldman doctrine.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: April 4, 2024, Case #: 3:23cv1244, NOS: Other Contract - Contract, Categories: insurance, jurisdiction
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J. Brown refuses to remand an individual's action against an insurer in connection with his negligence case. The district court has diversity jurisdiction, and the amount in controversy exceeds $75,000.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: March 22, 2024, Case #: 3:23cv1455, NOS: Motor Vehicle - Torts - Personal Injury, Categories: insurance, Negligence, jurisdiction
J. Wright finds that the lower court properly granted the insurer's motion to dismiss a petition seeking coverage for the debtors' liability in the opioid mass tort claims, liabilities which were assumed by the trust in bankruptcy proceedings. The insurer's policy contains a forum selection clause clearly stating that disputes arising under those contract to be litigated in the courts of England or Wales. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 5, 2024, Case #: ED111765, Categories: insurance, jurisdiction, Contract
J. Niemeyer dismisses Travelers’ challenge to the lower court’s order remanding a court-appointed receiver’s complaint, alleging breach of insurance policies issued to a defunct company, back to state court. The federal court’s reasons to remand were “colorably supported,” barring appellate review. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: February 26, 2024, Case #: 23-1339, Categories: insurance, jurisdiction, Venue
J. Van Tatenhove finds for an insured in this dispute because the insurer is currently providing a defense against claims contending the insured hurt someone in an assault. However, that case is ongoing and a ruling in this case would not resolve that issue; thus, the court lacks jurisdiction to hear claims contending the insurer is not liable for damages resulting from the personal injury case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 21, 2024, Case #: 5:23cv81, NOS: Insurance - Contract, Categories: Civil Procedure, insurance, jurisdiction
J. Flanagan denies an insurance company’s motion to show cause as a part of a dispute over a $1 million water damage claim following Hurricanes Florence and Dorian. The company alleges that claim’s appraisers should be sanctioned for appealing the company’s discovery requests as a violation of the court’s orders. However, the district court has refused to grant the appraisers’ motion for protective order from discovery, so this part of the litigation is dismissed for lack of jurisdiction and stayed until the appeal is resolved.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 16, 2024, Case #: 4:22cv42, NOS: Insurance - Contract, Categories: insurance, jurisdiction, Discovery
J. Rice denies the insureds' motion to remand their complaint alleging that the insurance company wrongfully denied the insureds coverage after they underwent independent medical examinations following their involvement in a roll-over automobile accident. The insureds' argument that the insurance company's estimation of damages is too speculative is also based on conjecture. The insurance company has successfully established diversity of the parties and that the amount in controversy exceeds $75,000.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: February 14, 2024, Case #: 2:23cv341, NOS: Insurance - Contract, Categories: insurance, jurisdiction, Contract
J. Robart grants the driver's motion to remand his complaint alleging that the insurance company must pay more than the offered $600,000 to settle their underlying lawsuit involving a car collision. The insurance company argues that its client's citizenship should be ignored because she is a nominal party or was fraudulently joined, but neither issue provides an exception to the one-year deadline for removal that the insurance company missed.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 7, 2024, Case #: 2:23cv1642, NOS: Insurance - Contract, Categories: insurance, jurisdiction, Contract
J. Africk grants an insurance company’s request to dismiss a policyholder’s state law unfair trade practices claim related to the insurer’s allegedly insufficient coverage of his hurricane damages property. The policyholder’s trade practices suit is explicitly exempted by Louisiana law, while unfair trade practices in the insurance industry are unquestionably under the jurisdiction of the state insurance commissioner. Further, the Fifth Circuit has held state law does not provide a private cause of action against an insurer for unfair trade practices.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: January 31, 2024, Case #: 2:23cv6152, NOS: Insurance - Contract, Categories: insurance, Damages, jurisdiction
[Consolidated.] J. Robinson finds that the district court properly held that a truck driver injured in a car collision in New York could not recover underinsured motorist damages when his employer's insurer failed to provide coverage. New York law requires insurers to offer supplemental coverage to in-state insureds, but statute does not support plaintiff's effort to reform the contract to include such. Meanwhile, questions must be certified to the Indiana Supreme Court concerning coverage laws in that state, where the truck was registered. Affirmed in part.
Court: 2nd Circuit, Judge: Robinson, Filed On: January 23, 2024, Case #: 22-863(L), Categories: insurance, Vehicle, jurisdiction
J. Whitehead denies the property owners' motion to dismiss the insurance company's attempt to seek a declaration that it has no duty to defend or indemnify Miggy Mover LLC or its owner in an underlying lawsuit brought by the property owners, who claim that Miggy Mover wrongfully withheld their belongings in a storage unit instead of delivering the belongings to the new home. The insurance company adequately pleads its case because it only seeks relief in the form of a declaration of no duty to defend or indemnify, which allows this case to remain in federal jurisdiction.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 23, 2024, Case #: 2:23cv510, NOS: Insurance - Contract, Categories: insurance, Property, jurisdiction
J. Wilson finds the district court properly dismissed this insurance dispute for lack of jurisdiction. The Texas subsidiary of the covered parent company is the only involved entity with connections to Texas. The parent company is based in Connecticut, and its insurance policy with the Illinois-based insurance company was negotiated in New York. The Texas company exercised its forum shopping privilege beyond its scope. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: January 18, 2024, Case #: 23-50004, Categories: insurance, jurisdiction
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss and motion to quash in a dispute with the health care organization over claims stemming from an insured's car accident. Because the organization failed to file an affidavit or other proof refuting the company's claim that the trial court lacked personal jurisdiction because, as an Ohio-based company, it lacks sufficient business connections in Florida to be sued there, the organization failed to meet its burden. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: January 17, 2024, Case #: 23-0001, Categories: insurance, jurisdiction, Contract
J. Dever remands this suit against an insurance company brought by an environmental waste handler for failure of payment after the handler pumped spilled hog waste from a methane gas facility to unused hog barns for two weeks straight. The handler moved the waste for 12 hours a day during it operation, billing the facility over $411,000, which the facility passed on to the insurance company. The insurer argues that the handler is not party to the contract between itself and the facility, and therefore lacks standing. However, this argument prevents the insurance company from carrying its burden to show this matter belongs in federal court.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: December 29, 2023, Case #: 7:23cv1171, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, insurance, jurisdiction
J. Rice grants the homeowners' motion to remand their case to the Spokane County Superior Court, as their lawsuit accuses the interstate insurance exchange of wrongfully denying full coverage for the homeowners' claim for damage caused by sewage water flooding the entire lower level of their home. The interstate insurance exchange's office is located in Texas, but because it is an interstate insurance exchange structured as an unincorporated association, its diversity is not complete. The homeowners residence in Washington state helps justify remanding their case to the Spokane County Superior Court.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: December 19, 2023, Case #: 2:23cv294, NOS: Insurance - Contract, Categories: insurance, Property, jurisdiction
[Consolidated.] Per curiam, the appeals court finds that the trial court lacked jurisdiction to deny a motion to compel appraisal in one of the consolidated cases because the prior order was pending. Therefore, this case is remanded back to vacate the subsequent order. The trial court properly denied the motion in the prior case. Reversed in part. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: December 15, 2023, Case #: 6D23-1570, Categories: insurance, jurisdiction