110 results for 'cat:"Insurance" AND cat:"Damages"'.
J. Flanagan partially grants a farmer's motion for summary judgment following breach of contract allegations he brought against an insurance company after it refused coverage for fire damage. The farmer lost a combine and other equipment in the fire, for which the company owes him restitution. However, the farmer's claim that the company should cover costs he incurred hiring labor to harvest his crops as a result of his equipment loss is not the company's responsibility.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: September 25, 2023, Case #: 7:22cv25, NOS: Insurance - Contract, Categories: insurance, damages, Contract
J. Bryant grants the insurers' motion for summary judgment, ruling the undisputed evidence in the record proves the construction company failed to provide any justification for the 49 payments made on fraudulent bond claims, which entitles the insurers to more than $2.9 million in treble damages on the civil theft claim.
Court: USDC Connecticut, Judge: Bryant, Filed On: September 22, 2023, Case #: 3:21cv58, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, insurance, damages
J. Casper denies an insurance company's motion for a declaratory judgment, against a fuel company and a class of claimants who received fuel from it containing more than five percent diesel between 2012 and the present, stating there is no coverage under its commercial general liability (CGL) policy. The insurance company has a duty to defend the fuel company against any claimants who didn't start experiencing property damage from the fuel they purchased from it until after the CGL took effect.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 21, 2023, Case #: 4:22cv10517, NOS: Insurance - Contract, Categories: insurance, Property, damages
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Doughty denies a request by three car passengers who survived a collision with a tractor-trailer to stay an order depositing a policy limit $3 million from the trucking company's insurance company into a court registry pending resolution of claims against the company and its truck driver. The trucking company and its insurer successfully requested the deposit of the insurance proceeds, according to the rules of civil procedure. Halting deposit of the funds would be improper. Legal custody of the separately represented two minor children of the deceased car driver remains in dispute. The ruling resolves the insurer’s liability regarding the $3 million of its policy, it does not resolve further potential liability incurred by the trucking company and its operator. The ruling adopts the recommendations of a magistrate judge's report.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: September 21, 2023, Case #: 3:23cv529, NOS: Motor Vehicle - Torts - Personal Injury, Categories: Civil Procedure, insurance, damages
J. Guidry grants summary judgment to two insurance companies, holding that a New Orleans hotel, which experienced six separate losses during renovations in 2017, is not an additional insured on an insurance policy between the insurers and the general contractor.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: September 20, 2023, Case #: 2:18cv1380, NOS: Insurance - Contract, Categories: insurance, damages
J. Casper dismisses the insured company's suit against the insurance company because the insurance company's policy clearly states that it does not cover damages from a dishonored check unless it was issued by its insured, its insured's agent, or by someone impersonating its insured or its insured's agent, which is not the case here.
Court: USDC Massachusetts, Judge: Casper, Filed On: September 19, 2023, Case #: 1:22cv11980, NOS: Insurance - Contract, Categories: insurance, damages, Contract
J. Bourgeois denies a request by an insurance company to depose additional corporate representatives on the issue of unpaid damages alleged by its insured, a business that owns 36 apartment complexes in Louisiana. The insurer argues that the president of the apartment complex corporation has given insufficient responses on the topic. That the business will not be required to designate a new corporate representative on the issue of damages does not leave the insurance company without any remedies.
Court: USDC Middle District of Louisiana, Judge: Bourgeois, Filed On: September 19, 2023, Case #: 3:22cv485, NOS: Insurance - Contract, Categories: insurance, damages, Discovery
J. Cadish grants the insurance company's petition for a writ of mandamus challenging the court's denial of its motion for summary judgment in this insurance dispute. Though the shopping mall suffered significant economic losses due to its abrupt closure during the Covid-19 pandemic, the presence of the virus on the property did not create the requisite "direct physical loss or damage" covered under the policy. The claims cannot stand as a matter of law.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: September 14, 2023, Case #: 84986, Categories: insurance, damages, Covid-19
J. Cain awards more than $2 million, including attorney fees, to a Louisiana church after finding that its insurer acted in bad faith in its adjustment of a hurricane damage claim. Most of the insurer’s expert's report is "not credible" and the court gives very little weight to her opinions and assessment of damages. It is “incredible” that the insurer’s expert would not be able to report the correct wind speeds for Hurricane Laura “almost three years post-storm considering the abundance and ease of finding that information.”
Court: USDC Western District of Tennessee , Judge: Cain, Filed On: September 8, 2023, Case #: 2:21cv4014, NOS: Insurance - Contract, Categories: insurance, damages, Experts
J. Chang grants an insurance policyholder’s motion for a declaration that this insurance dispute, over whether and what amount of coverage an insurance company owes the policyholder for his property’s ice damage, is best settled via an appraisal process.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: August 28, 2023, Case #: 1:23cv905, NOS: Insurance - Contract, Categories: insurance, damages, Contract
J. Guidry grants a request by a Louisiana-based insurance agency, dismissing the entity from a hurricane-damage suit brought by a suburban New Orleans realty company against a carrier in Ohio. The insured has made no allegation that the agency obtained the wrong type of policy or that it failed to account for a relevant history in making insurance recommendations. Therefore, the agency did not owe the insured a heightened duty of care nor did it fail to provide any insurance coverage requested by the realty company.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: August 24, 2023, Case #: 2:22cv2883, NOS: Insurance - Contract, Categories: insurance, damages, Contract
J. Stras finds a lower court properly imposed owed restitution on a schemer who participated in a recruitment and kickback scam. The schemer, who acted as a liaison to a chiropractic clinic, argued that he was "never a runner." However, the government presented sufficient evidence in court that the Twin Cities chiropractic clinic recruited him to bring in car accident victims beginning in 2013, in order to defraud automobile insurers. Affirmed.
Court: 8th Circuit, Judge: Stras, Filed On: August 23, 2023, Case #: 22-1275, Categories: Fraud, insurance, damages
J. Bell denies an insurance company its motion to sever itself from a trucking firm in a suit against both brought by a tire manufacturing company after $31 million of product was damaged in a windstorm. The manufacturing company stored its product in a warehouse provided by the firm, which agreed to replace any damaged goods, but following the wind storm, the firm refused to cover any damages. The insurance company removed the action to the federal district court without the firm's consent, but because the firm is also a legitimate party to the suit, it cannot be severed, so the case must be remanded.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 22, 2023, Case #: 3:23cv335, NOS: Insurance - Contract, Categories: insurance, damages, Contract
J. Theofanis finds the trial court properly in part ruled in a breach of fiduciary duty case brought by the owners of a condominium against the condominium firm. The trial court issued a default judgment against the firm, awarding the owners of the condominium damages and portions of an insurance payout that they alleged was owed to them but withheld by the firm. The default judgment against the firm is supported by the evidence; however, the owners failed to carry their burden to prove that damages were warranted in the case. Therefore, the award of damages was improper. Affirmed in part.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 17, 2023, Case #: 03-22-00491-CV, Categories: insurance, damages, Fiduciary Duty
J. Kocoras partially grants the defendant insurance company’s motion for summary judgment on defamation, damages and intentional tort claims brought by the plaintiff insurance broker. The company blamed the broker for failing to add one of its trucking company clients’ trucks to a list of insured vehicles, leading to internal financial and legal disputes as to whose fault it was that the truck wasn’t properly insured after it was in an accident. One of the broker’s experts later claimed that the insurance company’s accusation reduced the broker’s sale price to a larger insurance group by $1.1 million. The court finds factual disputes make summary judgment on the broker’s defamation and intentional tort claims inappropriate, but it partially grants the insurance company’s motion to toss the broker’s damages claims.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: August 15, 2023, Case #: 1:19cv3188, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: insurance, Tort, damages
J. MacIver finds the trial court improperly barred the insured from amending her complaint against the insurance company over coverage for windstorm damages to her property to add a claim for punitive damages. The insured met the required standard of establishing a reasonable basis for it to be found that the insurance company intentionally misrepresents its coverage obligations and fails to properly investigate claims as general business practices, so she should have at least been allowed to argue a claim for punitive damages based on intentional misconduct even though the insurance company claims its misrepresentations were a mistake. Reversed.
Court: Florida Courts Of Appeal, Judge: MacIver, Filed On: August 11, 2023, Case #: 22-2334, Categories: insurance, damages, Contract
J. Lemelle grants an insurance company’s request to halt litigation initiated by its insured New Orleans property owners, arising from mold damage exceeding $40,000 left by Hurricane Ida. The two sides are ordered to arbitration. The insured’s argument that the arbitration provision of their insurance policy is unconstitutional under the Louisiana Constitution is unpersuasive.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: August 9, 2023, Case #: 2:23cv632, NOS: Insurance - Contract, Categories: Arbitration, insurance, damages
J. Humphreys finds the lower court improperly granted a tortfeasor’s motion to mark judgment satisfied. Judgment was awarded to the insured, and the insured’s insurance company waived its right to subrogation against the tortfeasor if he would proceed to trial, which he did. The tortfeasor’s insurance paid $50,000 per the terms of his insurance coverage, and the insured’s insurance company paid the remaining balance via the insured’s underinsured motorist coverage, but that does not mean that the tortfeasor has paid off the judgment, it just means that the insured collected per the terms of the underinsured motorist coverage that the insured elected to purchase. The amount collected under that coverage is not a credit toward the balance of the judgment; the tortfeasor is still obligated to pay the balance. Reversed.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: August 8, 2023, Case #: 1100-22-1, Categories: insurance, Tort, damages
J. Cain grants partial summary judgment to an insurance company in a breach of insurance contract by two southwestern Louisiana homeowners who allege their carrier’s payments for damages from Hurricane Laura in 2020, were inadequate and untimely. Specifically, the insurer seeks summary judgment on its argument that the insured may not recover repair costs in excess of the $72,292 for which they have submitted proof and may not rely on estimates to prove the amount of damages for any repairs that have been completed. The homeowners both testified, however, that certain repairs have yet to be addressed, including the garage, attic and kitchen. They have therefore created an issue of fact as to the completion status of repairs. They are limited to the costs reflected in their invoices for completed repairs but may rely on estimates for other work.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: August 3, 2023, Case #: 2:22cv1381, NOS: Insurance - Contract, Categories: insurance, damages, Experts
[Consolidated]. J. Shepherd finds a lower court properly dismissed a bar owner's motion for coverage against an insurance company. The bar owner argued that the insurance company wrongfully denied his claims for damages after a bystander suffered injuries from a stray bullet in a bar room brawl. However, the bar owner's insurance policy does not cover assault and battery claims. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: August 1, 2023, Case #: 22-2496, Categories: insurance, damages, Contract