170 results for 'cat:"Civil Procedure" AND cat:"Insurance"'.
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
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J. Pena conditionally grants the insurance company's petition for a writ of mandamus, in which it "seeks to compel the trial court to rule on competing motions for summary judgment" in the underlying insurance dispute. The record indicates that three years have passed since the lower court heard the motions, which is an "unreasonable" period of time. Accordingly, the company is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 21, 2024, Case #: 13-24-00059-CV, Categories: civil Procedure, insurance
J. Bokor finds the trial court properly dismissed without prejudice the insureds' breach of contract lawsuit against the insurance company on procedural grounds because the insureds failed to file a pre-suit notice of their intent to sue with the Division of Financial Services. The statute under which the trial court dismissed the insureds lawsuit applies retroactively to their policy issued before the statute became effective, so the trial court's actions were correct. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: February 14, 2024, Case #: 22-0917, Categories: civil Procedure, insurance
J. Stabile finds that the lower court properly granted summary judgment in favor of State Farm and the defendant automobile driver in this underinsured motorist dispute, stemming from a collision that occurred while the suing driver was behind the wheel of her mother’s vehicle. The plaintiff is not entitled to recover underinsured motorist benefits under her own vehicle policy. Affirmed.
Court: Pennsylvania Superior Court, Judge: Stabile, Filed On: February 13, 2024, Case #: J-A19028-23, Categories: civil Procedure, insurance, Vehicle
J. Drain denies plaintiff dismissal of claims in which she sought to recover money allegedly owed under a life insurance policy. The insurer failed to notify heirs of the policyholder's death in 1986, and they did not discover this information until the policy was escheated to the state of Michigan and the estate was reopened. Meanwhile, plaintiff cannot dismiss an action from federal court once it has been properly removed.
Court: USDC Eastern District of Michigan, Judge: Drain, Filed On: February 6, 2024, Case #: 2:23cv12800, NOS: Insurance - Contract, Categories: civil Procedure, insurance
J. Partida-Kipness finds that the lower court properly entered final judgment in favor of the defendant insurance companies in this coverage dispute under an automobile policy. Contrary to the appellant's argument, the lower court was not bound by a prior summary judgment, which was "interlocutory and subject to modification." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: February 2, 2024, Case #: 05-23-00513-CV, Categories: civil Procedure, insurance
J. Vitter denies an insurer's request to dismiss a policyholder’s coverage claims on grounds he failed to add two additional named insureds to his suit. The insurer “appears to misunderstand” the rules of civil procedure it alleges its insured is violating. The failure to add a person deemed a required litigant to the suit does not mandate the dismissal of the entire action; rather, the proper remedy in such a scenario is for an order that the “absent-yet-required" person be made a litigant in the case.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 1, 2024, Case #: 2:23cv6331, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Damages
J. Todd finds that an appeals court properly approved a plan of rehabilitation for the Senior Health Insurance Company of Pennsylvania filed by the state’s insurance commissioner. There is significant harmony between the plan and the insurance laws of its regulators’ states: Maine, Massachusetts and Washington. Affirmed.
Court: Pennsylvania Supreme Court, Judge: Todd, Filed On: January 29, 2024, Case #: J-54-2022, Categories: civil Procedure, insurance
J. Soto finds a lower court ruled correctly when it determined through summary judgment that an insurance company could file an interpleader action in a case stemming from a deadly vehicle accident. That insurance company, which said it was “ready, willing and able” to pay out liability coverage, found itself in the middle of a dispute between two relatives of a deceased victim over how they should receive payment. One relative raised a variety of claims disputing the interpleader action, but precedent shows that “Texas has long recognized the equitable remedy of interpleader,“” and the insurer was right to interplead in these circumstances. Affirmed.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: January 29, 2024, Case #: 08-23-00054-CV, Categories: civil Procedure, insurance, Vehicle
J. Sweeney finds that the insurer may amend its complaint to assert crossclaims that the company filed against subcontractors in a suit over construction defects. The insurer could not have filed its motion prior to finalizing a settlement agreement because it would not have been the real party in interest at that time.
Court: USDC Colorado, Judge: Sweeney, Filed On: January 18, 2024, Case #: 1:21cv2520, NOS: Insurance - Contract, Categories: civil Procedure, insurance
J. Cole denies the insurer's motion to dismiss, ruling Ohio's conflict-of-laws principle requires the court to apply Ohio's 6-year statute of limitations, rather than the 4-year limitation present in California, which renders the estate's life insurance contract claim timely.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 12, 2024, Case #: 1:23cv122, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Contract
J. Brady rules in part for the insurer because the policyholder failed to convert her employment life insurance policy into a personal policy prior to her death. However, the claim should not be dismissed, as while the insurer did not have a duty to inform her of her policy rights, she was experiencing mental decline.
Court: USDC Northern District of Indiana, Judge: Brady, Filed On: January 11, 2024, Case #: 3:23cv290, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: civil Procedure, Erisa, insurance
J. Wright denies the insured's motion to remand its action against its insurer to state court. The insurer's removal of the action to federal court was timely, since service did not occur until the Commissioner of Commerce, as a required statutory agent, was served. Equitable estoppel of arguments of timeliness is also not appropriate, since the insured does not allege that the insurer intentionally provided an incorrect address to the insured.
Court: USDC Minnesota, Judge: Wright, Filed On: January 10, 2024, Case #: 0:23cv2314, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Contract
J. Colins finds that the lower court improperly awarded an $88,750 judgment entered in favor of an insured religious organization in this breach of contract and bad faith case against its insurance company arising from a computer hacking incident. The insurance company was entitled to judgment on both claims, as the loss in question did not exceed the relevant policy deductible. Vacated.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: January 9, 2024, Case #: J-A25032-23, Categories: civil Procedure, insurance, Contract