1,943 results for 'cat:"Insurance"'.
J. Pallmeyer denies an insurance agency association’s motion for summary judgment, but grants the U.S. Department of Housing and Urban Development’s cross-motion for summary judgment, in this decade-old suit over whether insurers can be sued under the Fair Housing Act for making policy decisions based on risk that disparately impact people of color and other marginalized groups. A decade ago, the Housing Department decided insurers should face that legal liability, a decision insurers called “capricious” and the court found warranted further analysis. The Housing Department made the same decision last year, but this time it sufficiently backed up its conclusion to address the court’s concerns.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: March 26, 2024, Case #: 1:13cv8564, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, insurance, Equal Protection
J. Tuite denies the insured's motion for attorneys' fees in the insurers' action against her seeking a judgment regarding their respective liability, if any, stemming from a crash with an underinsured motorist. This court lacks jurisdiction to enter the requested fee award, having already dismissed the instant case.
Court: USDC Middle District of Florida, Judge: Tuite, Filed On: March 26, 2024, Case #: 8:22cv1750, NOS: Insurance - Contract, Categories: insurance, Attorney Fees
J. Flanagan denies a health insurance company’s motion to dismiss breach of contract claims brought by a class of its consumers after it denied them coverage of necessary medical treatment. Two men in the class both had diagnoses of prostate cancer and their providers proposed using an allegedly highly effective form of radiation treatment. The company denied their requested benefits through ERISA because its medical policies would not allow for this “investigational” treatment. However, the company’s third party investigation into the claims likely agreed with the company’s perspective even though it was contractually obligated to treat the men, giving them protection under the Unfair and Deceptive Trade Practices Act.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 26, 2024, Case #: 5:23cv354, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Health Care, insurance, Class Action
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Pepper partially grants Progressive's motion to exclude expert reports in the insured's class action arguing Progressive improperly calculates the actual cash value of insureds' totaled cars in order to short them on coverage. One of the three experts Progressive challenges is prohibited from testifying about the valuation process or methodology used by a company Progressive relies upon for such work, but Progressive's motion is denied as to two other experts. Progressive's unopposed motion for oral argument regarding class certification and summary judgment is granted, and arguments are scheduled for June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 25, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: insurance, Experts, Class Action
J. Whitehead denies the injured car passenger's request for a ruling stating that funds received for personal injury protection subrogation from an at-fault party "prior to full compensation" are owed to the insured. The passenger "impermissibly seeks a general proclamation about the rights and duties of insureds and insurers without identifying the specific claim, 'or part of each claim,' on which he seeks summary judgment." He also fails to show that the insurer acted deceptively in its handling of the claim.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 25, 2024, Case #: 2:22cv1720, NOS: Insurance - Contract, Categories: insurance, Contract
J. Schopler partly grants the homeowners' motion for summary judgment on their claims of failure to defend and indemnification against the insurer for a renovation company that damaged the homeowners' duplex during a remodel. The homeowners sufficiently show that their duplex is in fact a two-unit apartment and damage caused to apartments is covered under the insurance company's policy with the renovation company.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 25, 2024, Case #: 3:22cv1221, NOS: Insurance - Contract, Categories: insurance, Indemnification
J. Huffman finds the trial court erred in granting an insurer judgment on the pleadings on an insured's claim for Covid-19 business interruption coverage. Unlike most commercial property policies, the subject policy includes a virus endorsement that provides coverage for loss or damage caused by a virus, including the cost of removal. Further proceedings are need to develop facts and evidence about whether exclusions and conditions on the virus endorsement make it impermissibly illusory. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: March 25, 2024, Case #: D081132, Categories: insurance, Covid-19
J. Samour finds the appeals court erroneously determined the "regular use vehicle" exclusion for uninsured motorist benefits in the classic car owner's policy was unenforceable. Although this court has previously found such benefits cannot be tied to use of a particular type of vehicle, the policy at issue in this case works in tandem with a standard policy that has its own uninsured motorist benefits and, therefore, allows for the exclusion. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: March 25, 2024, Case #: 2024 CO 17, Categories: insurance, Vehicle, Contract
J. Marbley grants the insurer's motion for judgment on the administrative record, ruling that while the employee's health has suffered as a result of "long Covid-19," evidence in the record indicates she was able to job on a semi-daily basis and was cleared to return to work by a physician, which is sufficient to support the denial of long-term disability benefits.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 25, 2024, Case #: 2:22cv3118, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, insurance
J. Newby finds that the court of appeal ruled improperly in this uninsured motorist dispute. The plain language of the statute does not allow the driver to stack his policy's uninsured motorist limits with his parents' limits. Reversed.
Court: North Carolina Supreme Court, Judge: Newby, Filed On: March 22, 2024, Case #: 281A22, Categories: insurance, Vehicle
Per curiam, the appellate division finds that the trial court properly granted indemnification to the construction manager on a project to fix school sidewalks in negligence claims brought after a teacher fell due to the drop-off between the sidewalk and grass. The construction manager only had general supervisory powers over the contractors, and the subcontractor "left the area in a more dangerous condition than when the project started." Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: CA 23-00598, Categories: Construction, insurance, Negligence
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. Schiltz grants summary judgment to the insurer in the insureds' suit seeking coverage for the personal property of the named insured's two sons, destroyed in a fire at the insured's home, where the sons and the named insured's ex-wife, but not the named insured, were residing. The sons were not part of the same "household" as the named insured under his policy, and the named insured did not reside at the damaged home during the policy's period. The policy's requirement that the named insured reside at the insured home also does not conflict with Minnesota's standard fire insurance policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 22, 2024, Case #: 0:22cv1502, NOS: Insurance - Contract, Categories: insurance, Contract
J. Schofield partially denies the insurer's motion to dismiss a class action challenge to its policy of reducing the value of vehicles totaled in a car wreck and therefore paying less on insurance claims for those vehicles. A reasonable jury could find that the insurer engaged in misleading practice regarding the calculation of the value of accident victims' cars, but the complaint's claims based on alleged violations of Regulation 64 rest on an incorrect reading of the law.
Court: USDC Southern District of New York, Judge: Schofield, Filed On: March 22, 2024, Case #: 1:21cv6243, NOS: Other Contract - Contract, Categories: insurance, Consumer Law, Class Action
J. Antongiorgi-Jordan grants the insurer's motion to dismiss. The family of the minor student who requires special education services alleges the school violated their due process rights, resulting in physical and emotional damages due to the school's failure to provide adequate care and supervision. The insurer did not insure the school at the time of the alleged events, and the family fails to state a claim.
Court: USDC Puerto Rico, Judge: Antongiorgi-Jordan, Filed On: March 22, 2024, Case #: 3:22cv1419, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: Education, insurance
J. Traum grants the insurer's motion for summary judgment. The driver's personal insurer brings this claim against the insurer of his company seeking equitable indemnity or subrogation for a payment of uninsured motorist coverage benefits. The driver incurred more than $1 million in injuries while driving for a company insured by the accused insurer. The driver's personal insurer seeks to recover the $250,000 it paid under the policy limit. The insurers had a sufficient relationship to permit equitable relief. The driver's insurer's prompt resolution of claims further supports finding the accused insurer should indemnify.
Court: USDC Nevada, Judge: Traum , Filed On: March 22, 2024, Case #: 2:22cv1133, NOS: Insurance - Contract, Categories: Employment, insurance, Indemnification
J. Hall grants the insurance company’s motion for summary judgment, finding it did not breach a policy in this suit arising from a car accident involving a person whose name was listed beneath a line on the policy that says “Additional information: Named Insured.” This person’s portion of the “Drivers and resident relatives” section does not include a line indicating she is also a named insured.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 22, 2024, Case #: 1:23cv85, NOS: Insurance - Contract, Categories: insurance
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. Blackburne-Rigsby upholds the trial court's dismissal of 10 restaurants and bars' action against an insurer for Covid-19-related closure coverage. They fail to show the Covid-19 virus, rather than municipal orders banning in-person dining, caused direct loss or damage to their properties. Affirmed.
Court: DC Court of Appeals, Judge: Blackburne-Rigsby, Filed On: March 21, 2024, Case #: 22-CV-0950 , Categories: insurance, Covid-19
J. Oldham finds the district court improperly entered summary judgment in favor of the insurer. After the 2020 SXSW music festival in Austin was cancelled due to Covid-19 concerns, the organizers sought its insurer's defense for the class action filed by certain ticketholders. The insurer responded it had no duty to defend, and the court found the festival sought a covered loss, also holding an exclusion excused the insurer from defending or covering the ticketholders' class action. Because the classes' complaint arises from the festival's refusal to offer refunds, not a professional service, the professional services exclusion does not bar coverage. Reversed.
Court: 5th Circuit, Judge: Oldham , Filed On: March 21, 2024, Case #: 22-50933, Categories: insurance, Covid-19, Class Action
J. Catlett finds a lower court partly properly dismissed an insurance company's motion for denial of coverage for an insured driver. The driver argued that the insurance company was obligated to cover damages from a car accident she was involved in under a automobile policy and a personal liability umbrella policy. However, although the insured failed to ignite proceedings under the auto policy within the statute of limitations, she may be entitled to relief under the umbrella policy. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Catlett, Filed On: March 21, 2024, Case #: 1 CA-CV 23-282, Categories: insurance, Contract
J. Xinis grants, in part, the insurers motion to dismiss this healthcare insurance coverage dispute brought by two surgery centers. The surgery centers allege the insurers violated MPCA and ERISA by denying close to 600 healthcare benefit claims. The court granted the parties many times to cure pleading deficiencies and the surgery centers never complained during discovery. Therefore, the surgery centers cannot cure the deficiencies moving forward to the dismissed claims before this amended complaint but may seek leave to amend the alternative equitable theory of relief by the assignees.
Court: USDC Maryland, Judge: Xinis, Filed On: March 21, 2024, Case #: 8:21cv2680, NOS: Insurance - Contract, Categories: Health Care, insurance