1,028 results for 'nos:"Insurance - Contract"'.
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. Rubin grants, in part, the property owners’ motion for summary judgment on liquidated damages in this dispute involving an insurer’s failure to pay out on an insurance claim and refused to defend the owners from a neighbor’s lawsuit over flooding on their property. In a previous court order the owners were granted partial summary judgment for the contract claim and it was determined there was a duty to defend for the insurer. The parties have filed a joint stipulation for the attorney fees. The owners now argue how prejudgment interest should be calculated and indemnification for unpaid or future attorney fees and expenses. Therefore, the joint stipulation for attorney fees and expenses, and the owners are entitled to prejudgment interest summary judgment is granted. The owner’s motion as to identification is denied but they may seek an award or move to amend judgment if entitlement matures in the future.
Court: USDC Maryland, Judge: Rubin, Filed On: February 14, 2024, Case #: 1:20cv1012, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Attorney Fees
J. Kindred grants an insurance company's motion for attorney fees in a coverage dispute following an injury accident aboard a natural gas platform. The insurer sought a declaratory judgment that the charterer’s policy did not provide coverage for the accident, and the court found for the insurer. As the prevailing party, the insurer is granted $43,952.
Court: USDC Alaska, Judge: Kindred, Filed On: February 13, 2024, Case #: 3:21cv252, NOS: Insurance - Contract, Categories: Insurance
J. Boyle grants two insurance companies’ joint motion for entry of a consent order, instructing each on how to proceed regarding evidence, confidentiality and discovery.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 13, 2024, Case #: 4:22cv8, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
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J. Maddox partially grants a construction company and its driver’s motion for leave to file a surreply in opposition to insurer’s motion to stay and to extend discovery in this argument over whether the insurer has a duty to cover a vehicle accident under its policy. The insurer’s motion to stay is denied and its motion to extend discovery is granted with discovery being reopened for 30 days. Pretrial dispositive motions must be filed no later than April 5, 2024.
Court: USDC Maryland, Judge: Maddox, Filed On: February 13, 2024, Case #: 8:22cv1637, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Cogan rules an insurer for a subcontractor hired to install glass partitions at the American Airlines Admirals Club at JFK Airport must cover the general contractor’s defense costs for an underlying trip-and-fall action. The court finds that, while the subcontractor was able to shift liability for the underlying claims to a sub-subcontractor, that didn’t absolve its insurer of its obligations to indemnify the general contractor as an additional insured when the action was first initiated.
Court: USDC Eastern District of New York, Judge: Cogan, Filed On: February 12, 2024, Case #: 1:21cv4216, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Cartwright partially grants the Connecticut insurance company summary judgment against the New York insurance company's complaint that it has no duty to defend a third party in an underlying lawsuit, even as the Connecticut insurance company argues that the New York insurance company does not have a claim to any defense cost reimbursement. Previous Washington courts found that insurers can share defense costs equally, and the New York insurance company does not have a right to claim reimbursements for its defense costs because it was obligated to do so concurrently with the Connecticut insurance company.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: February 9, 2024, Case #: 2:22cv1114, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Sweeney partially denies a motion to strike expert opinions in a construction defects suit. The expert can testify about the relevant insurance industry standards concerning an insurer's duty to investigate claims and whether QBE Insurance's conduct was consistent with industry standards. However, he may not testify as to whether QBE's conclusions were unreasonable.
Court: USDC Colorado, Judge: Sweeney, Filed On: February 9, 2024, Case #: 1:21cv2520, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Rochon grants the insurer's motion to dismiss a former CEO's claims that it breached the company's directors-and-officers policy by funding the CFO's settlement with the company's liquidation trustee and continuing to represent the CFO without the company's consent. The policy does not give each insured officer the right to block the settlement of another insured or to participate in the defense of any claim against every other insured.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: February 8, 2024, Case #: 1:23cv1488, NOS: Insurance - Contract, Categories: Corporations, Insurance, Contract
J. Tostrud dismisses the insured's suit against the insurer alleging that it breached her insurance policy and discriminated against her based on disabilities in its handling of her claim for water damage. The insured has not identified any facts which plausibly show a breach of her insurance contract, nor has she identified any legal authority on which to base a disability-discrimination claim. Her appeal of a denial of her motion for leave to amend is also affirmed, since her proposed amendment was not intended to identify these deficiencies. Her suit is dismissed without prejudice to allow her an opportunity to file an amended pleading and attempt to cure these issues.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 8, 2024, Case #: 0:23cv2646, NOS: Insurance - Contract, Categories: Ada / Rehabilitation Act, Insurance, Contract
J. Ashe denies summary judgment to an insurer on its refusal to cover a church's hurricane-related coverage request for a full replacement of its approximately 42,300 square-foot roof, including a warehouse. The insurer has failed to sustain its burden of demonstrating there are no disputed issues of material fact concerning whether the building needs an entire roof replacement. As to the church's bad-faith claims, genuine issues of material fact remain with respect to the timely payment of undisputed amounts, and the timeliness and sufficiency of the insurer's investigation and adjustment of the church's insurance claim.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: February 8, 2024, Case #: 2:22cv3130, NOS: Insurance - Contract, Categories: Evidence, Insurance, Experts
J. DeGiusti denies the plaintiff insurance company's motion for summary judgment and partially grants summary judgment to the defendant company in this declaratory judgment action concerning coverage for a motor vehicle accident. The plaintiff company fails to show that the defendant "has a duty to defend or indemnify" one of the commercial transportation companies in the underlying litigation based on the vehicle being a "covered auto."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: February 7, 2024, Case #: 5:22cv626, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Contract
J. Conley partially grants the insurance company's motion for a declaratory judgment saying it is not obligated to indemnify or defend the metals manufacturer in an arbitration proceeding with a customer claiming the manufacturer provided defective dredge tanks. Although three categories of the customer's claims are not covered by a provision in the manufacturer's policy related to "manufacturer's errors or omissions," there may potentially be coverage for the customer's claims of breach of contract, negligence and negligent misrepresentation if arbitration breaks in its favor.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: February 7, 2024, Case #: 3:22cv443, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
J. Pratter grants an insurance company’s motion to transfer this insurance coverage dispute in which a couple from York, Pennsylvania, argues their wind damage claim was wrongfully denied. The Middle District of Pennsylvania is the proper forum for this case.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 7, 2024, Case #: 2:23cv2590, NOS: Insurance - Contract, Categories: Insurance, Venue, Contract
J. Boulee rules in favor of the insurer in a declaratory judgment action against the insured. The insurer sought a determination of its obligations under the policy with respect to an underlying action arising from the insured's employee's car collision. The employee was acting in the scope of his employment at the time he was injured in the collision. The workers' compensation exclusion of the policy therefore applies and the insurer has no obligation to the employee under the policy. The employee is also not entitled to coverage under the uninsured motorist coverage endorsement.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: February 7, 2024, Case #: 1:22cv1913, NOS: Insurance - Contract, Categories: Insurance
J. Kennelly grants the government’s motion to dismiss a business services company’s complaint to recover overpaid income taxes. The company claims that, due to an accounting error it discovered in 2019, it overpaid its 2015 income tax by over $1.1 million. After several years of unsuccessfully trying to file amended tax returns with the IRS, it sued the government in March 2023. The court, however, finds it lacks jurisdiction over the suit.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: February 7, 2024, Case #: 1:23cv1482, NOS: Insurance - Contract, Categories: Government, Tax, Jurisdiction
J. Russell grants a title insurance company’s motion to dismiss this titling insurance dispute brought by developers. The insured developers allege three residential lots they had title to were complied with the zoning code. A neighbor filed a claim alleging the property could not be developed as envisioned under the city’s zoning law; the title company then refused to defend the marketability of the developers’ title, so the property could not be sold at a profit. The court finds the insurance claim is not covered by the policy. Therefore, the insureds’ cross-motion for partial summary judgment is denied.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:23cv1877, NOS: Insurance - Contract, Categories: Insurance, Property
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. Tunheim partially denies the insurers' motion for summary judgment and grants, sua sponte, summary judgment to the printer in the printer's suit seeking coverage for damages stemming from the failure of press pads installed in its rented printing facility. The printer did not have an obligation to preserve the insurers' subrogation rights since the insurers did not make any payments under their policies, and whether or not the insurers were relying on a promise from the printer, such reliance would not have been reasonable. The insurers' equitable estoppel defense is therefore dismissed.
Court: USDC Minnesota, Judge: Tunheim, Filed On: February 6, 2024, Case #: 0:22cv1151, NOS: Insurance - Contract, Categories: Insurance, Contract