37 results for 'cat:"Insurance" AND cat:"Tort"'.
J. Khalsa denies summary judgment to a driver who was beat up by another motorist after his car was intentionally hit by that motorist. The driver is seeking uninsured motorist coverage for the serious injuries he suffered. Genuine factual disputes exist as to whether the injuries arose from the operation, maintenance or use of the attacking driver’s vehicle.
Court: USDC New Mexico, Judge: Khalsa, Filed On: July 12, 2023, Case #: 1:22cv370, NOS: Insurance - Contract, Categories: insurance, tort, Assault
J. Copperhite grants a lawyer representing an insurance company her motion to dismiss allegations of fraud brought by a tractor trailer driver following an accident in which he was injured. The driver’s initial medical examination for workers’ compensation was inaccurate and based on someone with the same name. However, when the doctor reexamined him, he got the same results and the driver received permanent partial disability benefits. He wanted more benefits based on a supposedly worsening condition but was not approved. Although the driver claimed they used the wrong medical records, the insurance company representing his employer and the lawyer used the correct records when arguing their case.
Court: USDC Maryland, Judge: Copperhite, Filed On: July 11, 2023, Case #: 1:23cv359, NOS: Other Personal Injury - Torts - Personal Injury, Categories: insurance, tort, Workers' Compensation
J. Humphreys finds the lower court improperly granted a motion to mark judgment satisfied in this matter concerning damages related to a vehicle accident. Brown was awarded a judgment of $286,000 against Kirkpatrick for damages. Kirkpatrick’s insurance company paid him $50,000 per the policy limit, and the balance was paid to Brown via his underinsured motorist coverage. While Brown’s insurance company waived its right to subrogation, Brown claims he retains the right to pursue recovery against Kirkpatrick for the amount of the damages, and that Kirkpatrick should not receive a credit for or absolved of paying what Brown’s insurance company paid out under the underinsured motorist coverage, nor should he be released from his liability to satisfy the judgment. Reversed.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: July 5, 2023, Case #: 1100-22-1, Categories: insurance, tort, Damages
J. Miller finds that the trial court improperly ruled in favor of the contractor on tort claims brought by an electrical subcontractor's workers' compensation carrier over injuries suffered by an employee during a home renovation project. It was error to find that the contractor was entitled to immunity based on the "two-contract theory." Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: June 20, 2023, Case #: 2022CA0972, Categories: insurance, tort, Workers' Compensation
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J. Hess finds that the lower court improperly allowed a defendant driver's set-off defense because the plaintiff driver's insurer lacked authority to settle claims on her behalf. The defendant driver cannot show that AAA's payment to the insurer was an accommodation payment made to the plaintiff. Reversed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: June 20, 2023, Case #: ED111064, Categories: insurance, tort
J. Pritzker finds that the lower court improperly dismissed plaintiff's request for declaratory relief on insurer liability for her medical expenses because material facts remained to be developed. Thus, denials should have been granted on the basis that the request had been premature, and the complaint should be reinstated and remitted. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 15, 2023, Case #: 535707, Categories: Civil Procedure, insurance, tort