756 results for 'cat:"Insurance" AND cat:"Contract"'.
J. Rakoff denies summary judgment to both parties in this insurance coverage dispute. Water pipes burst in two units of two contiguous commercial properties during a winter storm, and the insured filed a claim for resulting water damage. The insurer denied the claim citing an exclusion to the insurance contract that stipulates the insured must make “best efforts to maintain heat.” The insured argues every effort was made to maintain heat in the buildings, but the insurer claims one unit used no gas for a three month period implying heat was not maintained. Both parties argue the ambiguity of the contract language, which the instant court finds should be sorted out at trial. Because no overwhelming evidence was presented in favor of either party, summary judgment is denied.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 8, 2024, Case #: 23cv6437, NOS: Insurance - Contract, Categories: insurance, contract
J. Lioi grants, in part, State Farm's motion for judgment on the pleadings, ruling any cause of action limited by the one-year filing limitation in the homeowners' insurance policy must be dismissed for the homeowners' failure to file suit within one year of the storm that caused water intrusion and property damage, as State Farm did not waive the limitation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: April 8, 2024, Case #: 5:23cv1124, NOS: Insurance - Contract, Categories: Civil Procedure, insurance, contract
J. Lohier finds that the district court properly dismissed a trust's request for relief in the form of a declaration that a life insurance policy remained in effect after assignment and purported reassignment for lack of contractual standing to sue under New York law because the trust failed to notify the insurer that the policy had been reassigned to the trust by the policyholder. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: April 5, 2024, Case #: 19-87-cv, Categories: Civil Procedure, insurance, contract
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J. Armstrong finds the lower court properly granted summary judgment to an automobile insurer in this breach of contract matter. An insured person was involved in a vehicle accident, filed a claim, and a settlement was reached. Seeking additional payout, the insured requested his case be reopened. Because the insured refused to sign a HIPPA release to allow review of his medical records, the insurance company explained he would need to be examined under oath to obtain the information needed to move forward with his claim. The insurer refused and demanded payment from the original settlement agreement, but was told there was no longer an active agreement. The insured did not show for the examinations under oath, and the insurer denied his claim for failure to cooperate and breach of the insurance policy. The lower court agreed and found in favor of the insurance company. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 5, 2024, Case #: W2023-00703-COA-R3-CV, Categories: insurance, contract
J. Russell denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract lawsuit involving damage to a boat dock. The court finds that the expert is "qualified and his methodology is reliable." However, the court will partially grant the company's motions in limine. Specifically, the expert cannot define the company's "duty of good faith and fair dealing" or provide an opinion "on the ultimate conclusions" as to whether the company acted in bad faith.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: April 4, 2024, Case #: 4:18cv504, NOS: Insurance - Contract, Categories: insurance, Experts, contract
J. Lindsey finds the trial court properly awarded a final judgment to the homeowner after a jury found in his favor in his lawsuit against his insurance company over water damages to his home. The insurance company incorrectly argues it is entitled to a new trial because two documents it submitted as evidence were blocked as hearsay, and nothing else in the record warrants reversal. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: April 3, 2024, Case #: 23-0301, Categories: insurance, contract
J. Logue finds the trial court improperly dismissed the insurance company's breach of contract claim against the condo association over a settlement the association reached with a developer, contractor and others, which the company claims violates its subrogation rights with relation to a separate action from condo unit owners over water damages caused by their defective balcony. The company has sufficiently pleaded its claims that the general releases the association granted as part of its settlement violate its right to potentially recover funds from the same parties that entered that settlement with the association, so it should be allowed to continue with the claims. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 22-1290, Categories: insurance, contract
J. Stiles finds that the trial court improperly denied summary judgment to the insurer in an auto passenger's suit seeking uninsured/underinsured motorist (UM) benefits after a crash that occurred while she was riding in her mother's truck. The passenger did not have UM benefits under her mother's policy since it excluded guest passengers from such coverage. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CW-23-686, Categories: insurance, contract
J. Sweazea grants, in part, an insurer's motion to dismiss in this storm damage dispute brought by a homeowner. The homeowner alleges bad faith breach of contract, unfair insurance practices and unfair trade practices for failure to provide coverage. She sufficiently stated a bad faith claim because the insurer failed to properly conduct an investigation and her unfair practices claim is adequately supported by facts in the complaint. The insurance practices claim is dismissed, but the homeowner may file a motion to amend.
Court: USDC New Mexico, Judge: Sweazea, Filed On: April 1, 2024, Case #: 1:23cv1134, NOS: Insurance - Contract, Categories: insurance, contract
J. Pryor finds that the lower court properly limited the insurer's liability under the underinsured motorist policy's $1 million limit by sums the driver received from other sources. The insurer is entitled to offset the limit by a settlement in a personal-injury lawsuit and a workers' compensation award. Between the sums received from other sources, and the insurer's payment of $672,000, the driver recovered a total of $1 million, thus fulfilling the purpose of underinsured motorist coverage under Illinois law. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: April 1, 2024, Case #: 22-2776, Categories: insurance, Vehicle, contract
J. Caproni denies the insurer's request for a declaratory judgment asserting it does not have to indemnify the restaurant in an underlying suit accusing a restaurant employee of assaulting a patron. There is conflicting evidence as to whether the assault was intentional or not. If the evidence shows that the patron's fall while being escorted out of the restaurant was not intentional, the insurer has a duty to defend.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 1, 2024, Case #: 1:23cv1198, NOS: Insurance - Contract, Categories: insurance, contract
J. Vitter grants a request by two domestic insurers and two foreign insurers who jointly provide a surplus lines policy, staying a failure-to-cover suit filed by an apartment complex owner pending arbitration of claims related to fire damage. Although the owner does not dispute his policy’s arbitration provision regarding the foreign insurers, he argues state law prohibits arbitration clauses as to domestic insurers. However, the state law he cites does not apply to surplus line policies.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 29, 2024, Case #: 2:23cv7066, NOS: Insurance - Contract, Categories: Arbitration, insurance, contract
J. Mahan grants the insurer's motion for summary judgment. The assignee insurance company representing the construction company says the insurer breached the parties' contract when it denied coverage for two construction projects that sustained roof damage due to mold. The assignee failed to obtain the insurer's consent before incurring remediation costs; therefore, because the remediation costs were incurred involuntarily and without the insurer's consent, denial of coverage was appropriate.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv1382, NOS: Insurance - Contract, Categories: Construction, insurance, contract
J. Mahan denies the insurer's motion for summary judgment. The gaming facility brought this claim for breach of contract after the insurer denied coverage for cleanup following the Covid-19 pandemic. Coverage was denied due to there being no actual physical loss. There is a genuine dispute of material fact regarding whether a physical loss occurred or any of the policy exclusions or provisions apply.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv965, NOS: Insurance - Contract, Categories: insurance, Covid-19, contract
J. Alvord finds the lower court properly granted the insurer's motion for summary judgment. The flashing defects discovered in the modular home were not property damage, but proved only that property damage may occur in the future, which was insufficient to trigger coverage under its policy with the builder. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: March 28, 2024, Case #: AC45433, Categories: Evidence, insurance, contract
J. Moon denies the fire safety company's motion to dismiss contract claims. After a fire started in a kitchen covered by the insurance company, the fire safety company's fire impression system did not discharge, the alarm sensor did not alert the local fire department, and the sprinklers took 45 minutes to start working. The insurance company has pled enough facts that was owed an obligation to have functioning equipment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 28, 2024, Case #: 6:23cv33, Categories: insurance, Negligence, contract
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, insurance, contract
J. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: insurance, Property, contract