1,960 results for 'cat:"Insurance"'.
J. Barnes finds the district court improperly found in favor of the insurance claimant. The adult son was injured in an accident arising from his mother's loss of control of her vehicle and filed a negligence suit against her. She filed a third-party petition against the insurer alleging breach of contract and bad faith, and was awarded compensatory and punitive damages, as well as attorney fees. The mother's argument that the insurer failed to indemnify her because it denied coverage prior to suit is without merit. There is no basis for her claim that the insurer breached its duty of good faith and fair dealing. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes , Filed On: May 9, 2024, Case #: 120117, Categories: insurance, Negligence, Contract
J. Kloppenburg finds the circuit court improperly granted the insurance company's motion to dismiss a lawsuit from a construction company assigned an insurance policy claim from a funeral home where the construction company replaced the roof after it sustained hail damages. The construction company has sufficiently alleged its claim that the insurance company refused to engage in the appraisal processes under the relevant property insurance policies, and the circuit court improperly considered allegations of fact in briefs from the insurance company under law governing motions to dismiss, so the order is reversed and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: May 9, 2024, Case #: 2023AP002109, Categories: insurance, Contract
Per curiam, the appellate division finds that the lower court properly found the insurer had untimely disclaimed insurance coverage in an underlying labor law action. The insurer had reasonable notice that the excess policy might be triggered as soon as it received a 2017 litigation plan. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02505, Categories: insurance, Contract
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J. Traum finds for an insurer on an insured's action seeking coverage for an offroad ATV accident on the presumption the ATV was covered under his homeowner's umbrella policy. Though the same agent handled the umbrella policy as well as the separate ATV policy, nothing in the record indicates the ATV is covered under the umbrella policy or that the insured party was told so.
Court: USDC Nevada, Judge: Traum , Filed On: May 7, 2024, Case #: 3:21cv419, NOS: Insurance - Contract, Categories: Evidence, insurance, Contract
J. Dick grants, in part, a request by an insurer to deposit $325,000 in annuity proceeds into the court’s registry and be dismissed from the case on grounds it is a disinterested stakeholder. The insurer's requested $9,400 in attorney fees is reduced to $6,500, as the requested amount is excessive. The insurer will then be dismissed from the case.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 7, 2024, Case #: 3:23cv601, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, insurance, Attorney Fees
J. Kirsch finds that the lower court properly found for the insurer in a dispute over insurance coverage for the non-responsible parties of an auto accident. These parties cannot recover as assignees of the insured, because the the assignment's covenant not to execute the judgment against the insured personally rendered the insured not legally responsible, therefore triggering no responsibility on the part of the insurer. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 7, 2024, Case #: 23-1299, Categories: insurance, Contract
J. Jackson finds that the trial court was within its discretion to require that insureds who sought attorney fees in a bad faith insurance action waive their attorney-client privilege to allow discovery of invoices, fee agreements and payment history. Under Brandt, the recovery of insureds' attorney fees as an element of their damages is an election that requires them to provide discovery, and seeking recovery of attorney fees is an implied waiver of privilege.
Court: California Courts Of Appeal, Judge: Jackson, Filed On: May 7, 2024, Case #: A169321, Categories: insurance, Privilege, Attorney Fees
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
Per curiam, the appellate division finds that the lower court improperly denied the insurance fund's motion seeking $943,000 from the company for amounts due under the policy. The business failed to show that the fund miscalculated the premiums owed under its policy. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02498, Categories: insurance, Contract
J. Moore finds the county court properly dismissed the attorney's complaint seeking fees under a contingency fee agreement. The attorney and former client entered into a contract for representation in a life insurance claim, though the claim was paid before the attorney began litigating the case. The county court correctly determined there was no meeting of the minds concerning the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 7, 2024, Case #: A-23-455, Categories: insurance, Attorney Fees, Contract
J. Curiel finds that the insurance company breached the covenant of good faith and fair dealing when it unreasonably rejected the $15,000 policy limits settlement offered by a motorist who was injured in a car accident caused by the insured. Despite being informed multiple times that the motorist had not been able to work since the accident, the insurance company assessed $0 for lost wages. There was plenty of documentation to show that the motorist would have been entitled to a judgment over $15,000.
Court: USDC Southern District of California, Judge: Curiel, Filed On: May 7, 2024, Case #: 3:23cv777, NOS: Insurance - Contract, Categories: insurance
J. Ellison finds that a homeowner whose house was damaged in a flood and now disputes the cost of the damages with his insurance company has not provided sufficient evidence on several of his claims. Many of the claims are based on the estimates of an insurance adjuster that the homeowner hired however the court grants the insurance company’s motion to strike the homeowner’s expert because the expert refuses to provide his resume or other qualifications. The insurance company’s own expert indicated that the damage compensation provided by the insurance company is inadequate to so a dispute of fact as to the cost of the damages exists. The homeowner’s claims based on his own repairs and the dispute of fact can proceed but the insurance company is granted summary judgment on all other claims.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: May 7, 2024, Case #: 4:23cv34, NOS: Other Personal Injury - Torts - Personal Injury, Categories: insurance, Experts
J. Slaughter finds that the trial court improperly granted judgment to one defendant in an insurance dispute because a reasonable jury could have held that the insurer acted in bad faith by canceling coverage of plaintiff's vehicle. However, the court properly held that an insurance agent could not be found at fault. Reversed in part.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: May 6, 2024, Case #: 24S-CT-159, Categories: insurance, Contract
J. Jones orders the insureds to respond to two of the insurance company's interrogatories for the insureds' complaint alleging that the insurance company must fully cover the insureds' underinsured motorist claim. One of the interrogatories is relevant to the case because it deals with employment history and the insureds claim that they lost substantial wages, while the other interrogatory deals with why the insureds think that the insurance company violated the Insurance Fair Conduct Act, and the insureds cannot delegate their duty to respond on their expert witness.
Court: USDC Western District of Washington, Judge: Jones, Filed On: May 3, 2024, Case #: 2:23cv420, NOS: Insurance - Contract, Categories: insurance, Experts, Discovery
J. Dick grants summary judgment to an insurer, dismissing breach of duty allegations by the estate and family trust of a deceased doctor that allegedly resulted in her cousin being declared the sole beneficiary of the physician’s life insurance policy. The counterclaimants concede the insurer provided the doctor with a change of beneficiary form upon her request, but she never submitted the form. They also concede her cousin was named a contingent beneficiary on the policy.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 3, 2024, Case #: 3:21cv469, NOS: Insurance - Contract, Categories: Civil Procedure, insurance, Trusts
J. Marconi grants the motion for leave to amend a complaint brought by a pedestrian who was injured when he tripped due to a hole in a public sidewalk in Conway, New Hampshire. The pedestrian has the opportunity to include, in his complaint, allegations that satisfy the particularity requirement, which he has failed to achieve so far. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: May 3, 2024, Case #: 2022-0648, Categories: insurance, Municipal Law, Damages
J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: insurance, Negligence, Contract
J. Breedlove finds that the lower court properly granted summary judgment to the insurance company in this coverage dispute arising from storm damage to an insured home. The owner contends on appeal that the lower court erred in "denying her motion to compel mediation." However, the appellant failed to obtain a ruling on her motion, meaning she has not preserved the issue for review. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: May 2, 2024, Case #: 05-23-00106-CV, Categories: Civil Procedure, insurance
J. Wiseman finds the trial court properly vacated the default judgment. The judgment was entered against the at-fault driver in this auto collision suit after the owner of the damaged company vehicle accused her insurer, Allstate, of using a valuation that did not consider the pandemic's effect on fair market value and inflation. The petition to vacate was filed and the court found the at-fault driver was not in default when the judgment was entered, nor was she provided proper notice. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Wiseman , Filed On: May 2, 2024, Case #: 121053, Categories: insurance, Vehicle, Due Process
J. Nye denies in part an employer's and insurer's motion to dismiss a father and employee's allegations of violation of The Mental Health Parity and Addiction Equality Act (MHPAEA) after his son, a beneficiary of the plan, was denied benefits for inpatient and outpatient mental health treatment following the son's suicide attempt. The father "has presented a plausible cause of action that Defendants violated the MHPAEA by requiring more of persons seeking mental health/substance abuse treatment than other medical treatments."
Court: USDC Idaho, Judge: Nye, Filed On: May 2, 2024, Case #: 1:23cv221, NOS: Insurance - Contract, Categories: Erisa, insurance
Per curiam, the appeals court finds the trial court improperly granted a motion to enforce a settlement agreement in a lawsuit over injuries a motorist sustained in a car collision. Because the insurance company of the driver who injured the motorist did not disclose an additional policy held by the driver's co-defendant before the motorist settled, an essential term of the motorist's offer to settle was violated, making the underlying settlement unenforceable. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1749, Categories: insurance, Settlements