1,944 results for 'cat:"Insurance"'.
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
J. Litkovvitz grants in part and denies in part motions by claimants disputing the proper beneficiary of a decedent’s life insurance policy and Roth IRA in an interpleader case undertaken by the insurance company that issued the policy. The decedent removed her husband as beneficiary of the policy, replacing his name with her sister’s during a divorce in progress at the time of the decedent’s death. The judge ruled that a temporary restraining order covering the couple’s assets during the divorce proceeding invalidated the beneficiary change. However, the judge does not find that the sister’s claim to the IRA amounts to conversion, as argued by the decedent’s husband, because decedent’s sister did not fully control the funds.
Court: USDC Southern District of Ohio, Judge: Litkovvitz, Filed On: March 21, 2024, Case #: 1:22cv435, NOS: Insurance - Contract, Categories: Family Law, insurance, Wills / Probate
J. Gordo finds that the vessel owner's motion for a rehearing in its lawsuit over the denial of its claim to its marine insurance company after its vessel partially sank must be denied. Replacing a previous opinion in this matter, it is found that the trial court properly granted the insurance company's motion to dismiss on forum selection grounds. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 20, 2024, Case #: 22-1333, Categories: Admiralty, insurance, Venue
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J. Alvarez conditionally grants a medical liability trust's petition opposing the deposition of a patient who is suing a doctor the trust refused to defend against the patient's claims. The trial court's improperly granted the doctor's motion to compel the deposition in his declaratory action against the trust, as it failed to correctly analyze and apply the law, and compelling the deposition exceeded the scope of discovery. Reversed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: March 20, 2024, Case #: 04-23-00779-CV , Categories: insurance, Discovery
J. Brimmer grants the insurer summary judgment on the homeowner's complaint alleging the foundation of his home was damaged by a water leak and he was due insurance coverage. Engineering reports concluded that the damage to the insured's house was caused by movement of the earth, which was excluded from coverage under the terms of his policy.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 20, 2024, Case #: 1:22cv2906, NOS: Insurance - Contract, Categories: insurance
J. Rush finds the trial court properly ordered the ex-husband to obtain a life insurance policy to secure the ex-wife’s portion of his police pension. Though the husband challenges the court's authority, saying it did not consider the tax consequences of his future pension payments, trial courts have broad authority to order a security or other guarantee to secure division of property. The court’s evidence-based findings support the judgment. The husband waives his tax consequences challenge due to his presenting the court with only speculation.
Court: Indiana Supreme Court, Judge: Rush , Filed On: March 20, 2024, Case #: 23S-DN-245, Categories: Family Law, insurance, Property
J. Gilbert rules an insurance company has a duty to defend a trusses service company on behalf of an employee, who may have prematurely released the truss's crane, which resulted in its collapse. The truss company sufficiently showed in court that the insurer is obligated to provide coverage for attached machinery to the employee's truck, which is not considered an "auto."
Court: USDC Southern District of Illinois, Judge: Gilbert, Filed On: March 19, 2024, Case #: 3:21cv497, NOS: Insurance - Contract, Categories: Employment, insurance, Contract
J. Hall denies the insurer's motions for summary judgment in a declaratory judgment action claiming that it has no duty to defend or indemnify the insured in an underlying lawsuit arising from defects in a mobile home assembled by the insured. The insurer failed to show that the home was defective before the insured assembled it or that the damage to the home was not property damage under the policy. The insurer also failed to show that business risk exclusions in the policy apply to the underlying claims against the insured. A question of fact exists as to whether the insured had complete dominion over the home and it is not clear that the damages claimed were to the part of the home the insured assembled.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 19, 2024, Case #: 6:22cv43, NOS: Insurance - Contract, Categories: insurance
J. Moon grants the employee's motion for summary judgment. The employee initially stopped working after an extreme case of hyperthyroidism before his doctor said he was fit to go back to work. The hyperthyroidism caused cognitive decline to the point that he cannot perform simple tasks, remember what he is saying midsentence, or count. He successfully argued that his insurance company wrongly denied him long-term disability benefits for his cognitive issues. The insurance company never gave the independent reviewers hired to determine his disability status crucial affidavits submitted by him, his wife, his mother-in-law, and friends attesting to instances where his impaired cognition manifested.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 19, 2024, Case #: 6:2cv6, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, Labor
J. Thrash grants the insurer's motion for default judgment against the insurance company in a declaratory judgment action and grants the parties' joint motion to enforce a settlement in the underlying action arising out of a car collision. The parties entered into an unambiguous agreement to settle when they agreed to a total settlement amount and confirmed who would pay what portion of the settlement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 18, 2024, Case #: 1:23cv2461, NOS: Insurance - Contract, Categories: insurance, Settlements
J. Higginson finds the district court improperly ruled against the insurer in this declaratory judgment action, in which it seeks to invalidate certain indemnification and additional insured provisions for fire-suppression and electrical work in its policies with salt mining companies. The insurer says the Louisiana Oilfield Indemnity Act applies because the mine uses a drill-and-blast method, yet the court found that because no well is involved the Act does not apply. However, the Act does not contain a universal well requirement. The court must decide whether the contracts pertain to drilling for minerals. Reversed.
Court: 5th Circuit, Judge: Higginson , Filed On: March 18, 2024, Case #: 23-30076, Categories: Energy, Environment, insurance
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: insurance, Contract
J. Walker finds that the district court properly denied a preliminary injunction to enforce a duty to defend under a directors and officers liability insurance policy covering an independent director sued in an adversarial proceeding in bankruptcy court. No abuse of discretion occurred in the denial, as the director sought a mandatory injunction but failed to meet its heightened standards for a clear showing of likely success on the merits and of irreparable harm. Furthermore, the director's entry into a settlement agreement with the bankruptcy trustee did not moot the appeal. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 18, 2024, Case #: 23-690, Categories: Bankruptcy, insurance, Injunction
J. Estudillo dismisses Highmark Homes' complaint that the insurance companies must cover the former for construction defects. The Condominium, Apartment, Townhouse or Tract Housing Coverage Limitation Endorsement exclusion of the policy applies, because it precludes coverage if an insured constructed 25 or more homes in a development, which Highmark did in the Vintage Hills development.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 18, 2024, Case #: 3:21cv5280, NOS: Insurance - Contract, Categories: insurance, Property, Contract
J. Battaglia rules a property association may pursue contract claims against State Farm Insurance. The property association sufficiently alleges that its claim loss falls within the parties' endorsement in a residential community association policy after it was swindled by a third party with a fake email account who convinced the association's treasurer to wire it money. The treasurer's error counts as a "wrongful act," which is covered by the policy's endorsement.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv195, NOS: Insurance - Contract, Categories: insurance, Contract
J. Bumb rules in favor of the insurer, which allegedly denied excess property damage claims after the policyholder's living room floor separated from a wall. The damage was found to have been caused by termites and standing water and the policy specifically excludes coverage for loss involving collapse caused by water.
Court: USDC New Jersey, Judge: Bumb , Filed On: March 18, 2024, Case #: 1:22cv2151, NOS: Insurance - Contract, Categories: insurance
J. Reidinger grants default judgment in favor of an insurance underwriting company after a client defrauded Medicare, violating a policy the company financed. The client, a clinical laboratory firm, knowingly submitted false claims to Medicare. Therefore, the policy between the company and firm is null and the company is free from indemnifying the firm.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:20cv41, NOS: Insurance - Contract, Categories: Fraud, Health Care, insurance
J. Graves finds the district court properly granted summary judgment to the insurer. The company that converts used cooking oil and vegetable by-products into animal feed ingredients was sued by the city for dumping corrosive, low-pH wastewater into the sewer system. A pollution exclusion designed to discourage wasteful activity states the insurer "will not be liable for loss for any claim based upon or arising out of the...discharge, dispersal, seepage, migration, release or escape of any [p]ollutant.” The facts as pleaded do not trigger the insurer's duty to defend. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: March 18, 2024, Case #: 23-60087, Categories: Environment, insurance
J. Volk grants the insurance company’s and related defendants' joint motion to lift the stay, and for confirmation and enforcement of the Bermuda arbitrator's awards in the human resource firm's breach of contract suit. The firm's argument to deny recognition of the 2023 awards citing the "public-policy defense" from Article V in the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards is unpersuasive since the claim of the arbitrator's lack of impartiality was foreclosed when they failed to appeal to the Bermuda Supreme Court within 30 days of an arbitration panel's decision.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: March 18, 2024, Case #: 5:18cv1082, NOS: Other Contract - Contract, Categories: Arbitration, insurance, Contract