169 results for 'cat:"Civil Procedure" AND cat:"Insurance"'.
J. LeGrow finds that an orthopaedic practice did not establish standing to challenge the denial of workers' compensation because the insurer discontinued use of a billing code that allegedly violated state workers' compensation law. The trial court both improperly applied the mootness doctrine and held that the practice established injury due to the insurer's failure to correct 19 claim denials. However, declaratory judgment would not provide retrospective relief.
Court: Delaware Supreme Court, Judge: LeGrow, Filed On: January 8, 2024, Case #: 27, 2023, Categories: civil Procedure, insurance, Workers' Compensation
J. DuBow finds that the lower court improperly entered summary judgment in favor of a salon in this action against an insurance company regarding whether the tenant is considered a co-insured on its landlord’s fire insurance coverage. The salon had no reasonable expectation that it was a “co-insured” on the policy according to the lease. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 26, 2023, Case #: J-A21017-23, Categories: civil Procedure, insurance, Property
J. DuBow finds that the lower court improperly found in favor of United Services Automobile Association in this action seeking damages from an insurance company based on promissory estoppel. The court erroneously recharacterized the promissory estoppel claim as one based on negligent spoliation of evidence and then dismissed it on the grounds that Pennsylvania does not recognize such spoliation claims. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 21, 2023, Case #: J-E02001-23, Categories: civil Procedure, Evidence, insurance
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J. McLaughlin finds that the lower court improperly granted a lime product manufacturer’s motion for summary judgment holding that the suing workers could not pierce the veil in this suit over their asbestos exposure. The asbestos-exposed employees produced evidence that, in practice, the manufacturer and shipbuilding company acted as a single entity, and that the manufacturer left the shipbuilder with inadequate assets to satisfy foreseeable asbestos liabilities. Reversed.
Court: Pennsylvania Superior Court, Judge: McLaughlin, Filed On: December 19, 2023, Case #: J-A15029-23, Categories: civil Procedure, insurance, Asbestos
[Consolidated.] J. Eagan denies the plaintiff oil and gas company's motion for partial summary judgment seeking a declaration that the defendant company, a "working interest owner" in five development projects, is obligated "under the parties' contractual agreements to pay legal expense" in connection with certain earthquake and insurance litigation. Additionally, the court will grant the defendant's cross-motion and declare that it has no obligation to pay the fees at issue.
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: December 19, 2023, Case #: 4:20cv592, NOS: Other Contract - Contract, Categories: civil Procedure, insurance, Attorney Fees
J. Lewis finds that the trial court properly determined the employer's lawsuit against the workers' compensation claims administrator was barred by Georgia's one-year statute of limitations. The employer should have realized the administrator's error regarding its dealings with the wrong insurance company in 2012 when several emails were sent about the potential error and, therefore, the claims did not accrue when the workers' compensation claim was ultimately rejected several years later. Affirmed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: December 15, 2023, Case #: 2023-Ohio-4562, Categories: civil Procedure, insurance, Workers' Compensation
J. Boyle finds the lower court properly found for an insurance agency and salesman in a coverage dispute arising from a house fire. When the applicant signed the policy that listed only his deceased mother as policyholder, he should have been aware he would not receive any benefit from a future claim; therefore, the statute of limitations began to run when the application was submitted and expired more than four years before the applicant filed the present lawsuit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: December 14, 2023, Case #: 2023-Ohio-4544, Categories: civil Procedure, insurance, Contract
J. Tunheim denies the insurers' motion to stay proceedings pending its appeal of an injunction and underlying rulings that the insurers violated the Minnesota Uniform Deceptive Trade Practices Act. Proceeding with litigation on Minnesota Consumer Fraud Act claims will not modify the court's prior conclusions on violations of the No-Fault Act, which underlie its conclusions on the MDTPA and remaining claims under the Minnesota Consumer Fraud Act. Proceeding on remaining elements of the MCFA therefore will not impact an appellate court's ability to review the issues being appealed. A discretionary stay is also denied, since after four years of litigation "the case is getting old" and it is not in the Court's or the parties' interests to spend extra time on it unnecessarily.
Court: USDC Minnesota, Judge: Tunheim, Filed On: December 11, 2023, Case #: 0:19cv3071, NOS: Insurance - Contract, Categories: civil Procedure, insurance
[Consolidated.] J. Carney finds that this appeal from an insurance dispute should be dismissed for lack of jurisdiction because the previously approved stipulated conditional final judgment that contained reservation rights failed to resolve the core question of indemnification and did not constitute an appealable final decision.
Court: 2nd Circuit, Judge: Carney, Filed On: December 11, 2023, Case #: 21-2641, Categories: civil Procedure, insurance
J. Jenkins finds that the trial court properly dismissed an insured's claim against his insurance agent for not procuring the proper coverage for their fence that was damaged in Hurricane Laura. In this case, the emergency suspension order due to Hurricane Ida did not attach additional time to the Keatings’ running of prescription on their claim. The insured's claims did not prescribe within the 30-day emergency suspension period that commenced on August 26, 2021, but on October 14, 2021. The insured's petition was filed on November 9, 2021. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 8, 2023, Case #: 2023-CA-0232, Categories: civil Procedure, insurance, Contract
[Consolidated.] J. Wecht finds that the superior court properly ruled that the trial court lacked authority to coordinate actions that had not yet been filed in this case wherein a group of businesses say an insurance company wrongly denied their Covid-19 business interruption loss claims. The coordination claims were not brought at the trial court and thus, could not be brought on appeal at the superior court. Affirmed.
Court: Pennsylvania Superior Court, Judge: Wecht, Filed On: December 8, 2023, Case #: J-13A-2023, Categories: civil Procedure, insurance, Covid-19
J. Panella finds that the lower court improperly granted judgment in favor of Nationwide saying that it did not have to pay a claim stemming from injuries the unlicensed daughter of an insured mother sustained while driving the mother’s car. The daughter was entitled to coverage for her medical expense claim because that part of the policy did not include an unlicensed driver exclusion clause. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: December 5, 2023, Case #: J-A16007-23, Categories: civil Procedure, insurance, Vehicle
J. Quinn finds that the lower court improperly granted summary judgment to the insurance company in this lawsuit concerning a homeowner's insurance policy. The evidence could reasonably show that one of the appraisers "misinterpreted the scope of his task." Also, there was a question of fact as to the issue of standing in connection with the extracontractual claims brought by the estate administrator. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: November 29, 2023, Case #: 07-22-00308-CV, Categories: civil Procedure, insurance, Contract
J. Halligan answers a reformulated certified question by finding that failing to provide written notice of assignment deprives a purported assignee of contractual standing to bring a claim against an insurer. Restrictions had not been placed on making the assignment, but the policy contained a provision requiring receipt of notice to effectuate any transfer of ownership rights.
Court: New York Court Of Appeals, Judge: Halligan, Filed On: November 20, 2023, Case #: 77, Categories: civil Procedure, insurance
J. Wolford temporarily stays claims contending plaintiff was injured after a vehicle being driven by an employee of Trion Solutions collided with plaintiff's vehicle, which caused both cars to crash into a tractor-trailer, because the case had been timely removed.
Court: USDC Western District of New York, Judge: Wolford , Filed On: November 20, 2023, Case #: 1:23cv574, NOS: Motor Vehicle - Torts - Personal Injury, Categories: civil Procedure, insurance, Negligence
J. Smith denies a group of individuals affiliated with the First Presbyterian Church of Bethlehem’s motion to dismiss this case, which alleges they took unauthorized actions to affiliate the church with a different denomination, for lack of jurisdiction. This court has jurisdiction under the Declaratory Judgment Act to determine if the church’s insurance company must defend the church.
Court: USDC Eastern District of Pennsylvania, Judge: Smith, Filed On: November 7, 2023, Case #: 5:23cv678, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Jurisdiction
J. Penzato finds that the trial court properly granted the Office of Group Benefit's exception of prescription on the health plan participant's claim that the Office improperly refused to pay for medical services. Under the parties' contract plan, the participant was required to file his claim within 90 days from the date services were rendered, unless it was not reasonably possible, and a lawsuit had to be filed no later than twelve months after his claim was required to be filed, or no more than 30 days after he exhausted his administrative remedies. In this case, the participant had to file a claim by June 24, 2021, but did not file suit until January 25, 2022. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: November 3, 2023, Case #: 2023 CA 0136, Categories: civil Procedure, insurance, Contract
J. Soto finds a lower court did not err in denying an insurance company’s efforts to intervene in a personal injury lawsuit brought against an oil services company by workers who said they were injured in an explosion. The insurer cannot show a lower court abused its discretion by denying its intervention because the insurer’s question of whether it has a duty to indemnify the oil company can be determined “if and when a judgment is entered” against the oil company.
Court: Texas Courts of Appeals, Judge: Soto, Filed On: October 31, 2023, Case #: 08-23-00223-CV, Categories: civil Procedure, insurance, Tort