1,038 results for 'nos:"Insurance - Contract"'.
J. Norris grants in part the competing motions for summary judgment in this lawsuit concerning coverage under an insurance policy. The underlying matter involves a former employee's alleged violation of the plaintiff paper company's conflict of interest policy and the subsequent settlement agreement. The plaintiff paper company's motion is granted as to certain affirmative defenses asserted by the defendant insurance company.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: April 25, 2024, Case #: 2:22cv2789, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Smith denies the insurer’s motion for summary judgment in this insurance dispute stemming from an uninsured motorist claim related to a collision involving the insured vehicle caused by another vehicle driver that fled the scene in Texas. The insurer argues the policy does not cover hit-and-runs in another state because the insured misrepresented the fact the vehicle would be garaged in Alabama and failed to timely provide the change in garaging. There is a genuine issue of material fact on if the policy was void from the beginning and that the evidence presented by the insurer fails to show that the vehicle was not at the policy’s garaged location.
Court: USDC Northern District of Alabama , Judge: Smith, Filed On: April 25, 2024, Case #: 5:23cv934, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, Insurance, Contract
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J. Cooper grants the employer's motion for partial summary judgment and denies the employee's motion for summary judgment in a suit alleging that the employee reneged on an obligation to return a bonus when she left her role as the employer's subsidiary's president. The pay schedule provisions of the employee's bonus contract is enforceable, and the employee breached them by failing to return an accelerated payment. The doctrine of unclean hands also does not apply in this case. The employer's request for fees incurred in summary judgment briefing as a sanction for the employee's litigation conduct is denied.
Court: USDC District of Columbia, Judge: Cooper, Filed On: April 23, 2024, Case #: 1:22cv2574, NOS: Insurance - Contract, Categories: Employment, Choice Of Law, Contract
J. Copenhaver grants the insurance carrier’s motion for summary judgment in the property management company's suit seeking declaratory judgment the carrier was obligated to defend it in a counterclaim Union Carbide filed against the company claiming it bore partial responsibility for damage to not only its property, but also the nearby Davis Creek Watershed from the run-off of toxic chemicals. Since the company has failed to not only prove the existence of a policy from 1987 through 2005, but also any of the policy's material terms, the carrier has no duty to defend or indemnify it.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: April 23, 2024, Case #: 2:22cv135, NOS: Insurance - Contract, Categories: Insurance, Business Practices, Contract
J. Brennan denies the insurer's motion to compel discovery and the completion of an appraisal of reconstruction costs for the apartment building, ruling language in the parties' contract renders any appraisal signed by both parties final and binding. Therefore, the insurer cannot challenge any costs included in the appraisal, which was completed by an independent panel and signed by both parties.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 23, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. Young grants the insurance company's motion to dismiss an indemnification suit. The transport manager hired to haul construction equipment suffered an injury offloading when the site supervisor improperly used a Bobcat to take heavy amounts of rebar off a truck bed. The improper use, failing to lower the hydraulic lift cylinder to balance the weight of the load, caused the Bobcat to tip over, releasing the stack of rebar onto the manager. This caused a fractured left ankle, a fractured arm requiring surgery and permanent crush injuries to his left foot. The manager's insurance policy covered incidents from the insured tractor-trailer, not the Bobcat.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: April 23, 2024, Case #: 3:23cv67, NOS: Insurance - Contract, Categories: Construction, Insurance, Indemnification
J. Tostrud partially grants the insurer's motion for summary judgment in the homeowners' association's suit seeking reimbursement for the cost to replace undamaged, non-color-matching siding on buildings damaged by hail. There is no genuine dispute of material fact that the association did not actually and necessarily spend more than the value of its loss, and it filed suit more than two years after providing notice of its claim, precluding pre-award interest. An appraisal panel's award and subsequent clarification on the issue of whether the association is entitled to matching costs for the siding were ambiguous, so that issue remains live.
Court: USDC Minnesota, Judge: Tostrud, Filed On: April 22, 2024, Case #: 0:22cv2027, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Whitney orders a car insurance company and a driver who was injured in a collision in 2018 to submit supplemental briefs detailing whether the court should exercise its jurisdiction to resolve a policy coverage dispute in North Carolina or wait until an underlying suit in South Carolina is resolved. The collision occurred in South Carolina. Although the insurance of the driver at fault paid out according to its limit of $100,000 on the injured driver’s claim, he alleges that the costs of treatment for his injuries exceed this amount. The insurance company claims the injured driver is not entitled to additional coverage under its uninsured motorist policy because he failed to comply with certain notice provisions under North Carolina state law and the uninsured motorist policy. Thus, both parties must submit supplemental briefs to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 22, 2024, Case #: 3:23cv28, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Dever denies an electric company’s motion for judgment on the pleadings for breach of contract allegations it brought against its insurance firm after the company’s owner crashed his boat into another, killing three people. The owner, who was not engaged in business while driving his boat intoxicated, was not covered in this case because the insurance only applies to his business endeavors. For the same reason, the estates of the three people who died fail in their attempt to sue the firm for damages and funeral expenses.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 7:22cv78, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Cain denies an insurer's request for sanctions of attorney fees against a lawyer and his law firm for suing the insurer after the insurer had settled a property owner’s hurricane damage claim with other counsel. The lawyer and his firm acted in bad faith throughout the litigation and sanctions are appropriate. However, because the proof of billing hours submitted by insurance counsel are inadequate, insurance counsel are allowed time to support the reasonableness of the fees sought.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 19, 2024, Case #: 2:22cv3375, NOS: Insurance - Contract, Categories: Sanctions, Attorney Fees
J. Rosenthal finds for an insurance company on its claim against another insurer for the $1 million it paid to settle a car collision case, along with $169,000 in attorney fees and costs. The other insurer's policies completely cover the settlement at issue.
Court: USDC Eastern District of California, Judge: Rosenthal, Filed On: April 19, 2024, Case #: 1:18cv1319, NOS: Insurance - Contract, Categories: Insurance, Settlements, Attorney Fees
J. Morgan denies a request by an Illinois-based insurer to compel arbitration of a dispute with a New Orleans-based law firm for its defense and indemnity from a lawsuit in the state of California. That the underlying litigation is in California is an insufficient reason to trigger the application of California law. Louisiana’s policy interests would be most seriously impaired if its law were not applied.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: April 16, 2024, Case #: 2:23cv6235, NOS: Insurance - Contract, Categories: Arbitration, Choice Of Law
J. Pascal allows insurers to file an amended answer in an action contending total loss claims stemming from car collisions had been undervalued because the counterclaims are based on new sets of facts and plausibly allege one of the drivers had not entered a valid contract with an insurer.
Court: USDC New Jersey, Judge: Pascal , Filed On: April 15, 2024, Case #: 1:21cv20510, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Bennett grants cross-motions for judgment on the pleadings in favor of Under Armour brought by the insurer in this insurance dispute from a consolidated class action over securities, derivative matters and a government investigation. The parties reached an agreement, and they no longer dispute the insurance coverage during the relevant times.
Court: USDC Maryland, Judge: Bennett, Filed On: April 15, 2024, Case #: 1:22cv2481, NOS: Insurance - Contract, Categories: Insurance, Securities, Class Action
J. Fallon grants a policyholder’s request for default judgment against an insurer for liability in connection with its alleged failure to provide sufficient funds to cover hurricane damage to her two properties. Although the insurer received service in October 2023, it did not engage in the litigation by February 2024. The insurer also did not participate in a March 2024 hearing in which the property owner took the stand and testified to “the saga she has experienced in the years following Hurricane Ida [2021] attempting to work with various State Farm adjusters, inspectors and representatives." Citing an incomplete evidentiary record as to the more than $4.5 million sought, a separate proceeding must be held on the damages to which the property owner is entitled.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 12, 2024, Case #: 2:23cv4618, NOS: Insurance - Contract, Categories: Evidence, Insurance, Damages
J. Schroeder grants an agricultural insurance company’s motion to dismiss allegations of breach of contract, deceptive trade practices and bad faith brought by a policy holder. Specifically, the policy holder claims the company wrongfully refused to pay under its crop insurance policy. However, because the policy holder did not respond to the company’s motion, and the time to do so has passed, the motion is granted and the case dismissed.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 12, 2024, Case #: 1:24cv116, NOS: Insurance - Contract, Categories: Agriculture, Insurance, Contract
J. Du grants an insurer's motion to dismiss this breach of contract claim. The homeowners sued the insurer for refusing to pay for more than 12 months of loss of use coverage after a tree fell on their house. The loss of use provision in the policy has been replaced with a "special provisions—Nevada endorsement" that requires the insurer pay additional living expenses for 12 months from the date of loss. There is no allegation or dispute it did not do this.
Court: USDC Nevada, Judge: Du, Filed On: April 11, 2024, Case #: 3:24cv60, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Godbey finds that a property owner that submitted an insurance claim for damages after discovering that an easement for a gas line on a recently purchased property may continue litigation on the claim that the insurance company breached a contract by not fully compensating plaintiff for damages related to the adverse interest in the property. The insurance company failed to adequately show that it met all contract obligations to the property owner. Summary judgment is granted to the insurance company on three other claims by the property owner, but breach of contract survives.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 11, 2024, Case #: 3:21cv2837, NOS: Insurance - Contract, Categories: Insurance, Real Estate, Contract