46 results for 'cat:"Civil Procedure" AND cat:"Insurance" AND cat:"Contract"'.
J. Gordo finds that the trial court properly entered final judgment for the X-ray analysis company in its dispute with State Farm over coverage of personal injury protection benefits. The trial court did not err by striking a pleading State Farm untimely filed responding to the company's summary judgment motion even though the judge continued a hearing on the motion to allow for more argument. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 22-0739, Categories: civil Procedure, insurance, contract
J. Dooley grants the trusts' motion to dismiss, ruling that the charitable foundation's claims regarding the theft of insurance policy benefits are barred by res judicata because they should have been brought in the initial action filed in the Southern District of New York. Although the trusts and other defendants in this case are alter egos of the original defendants, their identities were known at the time the New York suit was filed and that court would have had jurisdiction over all the parties; therefore, the charitable foundation failed to state a claim upon which relief can be granted and the case must be dismissed in its entirety.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 2, 2023, Case #: 3:20cv738, NOS: Other Contract - Contract, Categories: civil Procedure, insurance, contract
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J. Rodriguez finds that the trial court should not have dismissed a bad faith and contract complaint over an insurer's denial of a disability benefits claim as barred by the statute of limitations. The insured's breach claim did not accrue until the insurer stopped paying benefits, not earlier when the insurer informed the insured that it intended to stop paying benefits. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 20, 2023, Case #: A166049, Categories: civil Procedure, insurance, contract
J. Stevens finds that the lower court, in part, improperly entered judgment in favor of a health center that sought reimbursement from an insurance company for an insured patient’s unpaid bills. The lower court must reexamine the center’s claim that the insurer incorrectly repriced certain invoices of the patient’s. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: June 8, 2023, Case #: J-A23032-22, Categories: civil Procedure, insurance, contract
J. Molberg finds that the lower court improperly granted the insurance company's dismissal motion in this breach of contract lawsuit. The company moved for dismissal under Texas Rule of Civil Procedure 91a. However, the pleadings do not show that the claims "lack a basis in law." Additionally, the court notes that the rule is "not a substitute for summary judgment practice." Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 31, 2023, Case #: 05-21-00092-CV, Categories: civil Procedure, insurance, contract