1,037 results for 'nos:"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
J. Lemelle denies a request by an insurer to dismiss two homeowners’ breach of contract and bad faith claims related to their insurer’s alleged failure to compensate them for hurricane-related property damage. The insurer mistakenly contends the property owners’ insurance suit is time-barred for failure to provide notice of their claim within 365 days of the event. State law prohibits insurance policies from limiting its insured's right to sue to a period of less than two years.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: April 9, 2024, Case #: 2:23cv5396, NOS: Insurance - Contract, Categories: Insurance, Damages
J. Kocoras partially grants and partially denies both groups of window and curtain companies’ motions for summary judgment on the plaintiff companies’ patent claims against the defendants. The plaintiff companies alleges the defendant companies are infringing on their patents for a curtain wall system used for facades in high-rise buildings, which the defendants contest. The court splits the opposing motions for summary judgment; finding the defendants have not infringed on certain elements of the system but have infringed on others.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: April 9, 2024, Case #: 1:21cv6618, NOS: Insurance - Contract, Categories: Construction, Patent, Technology
J. Pulliam mostly grants an insurer’s motion for summary judgment in a dispute with policyholders over payout for roof damage, which the insurer contends was largely uncovered wear-and-tear. While the policyholders have not shown bad faith, and the insurer is therefore entitled to summary judgement on most of their claims, the insurer has conversely presented “no specific argument” for dismissing the remainder of the case, including for alleged violations of the Texas Prompt Payment Act.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv411, NOS: Insurance - Contract, Categories: Insurance, Contract
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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. Engelmayer appoints a neutral arbitrator per the dispute resolution terms of the parties’ commercial insurance contract. A Texas school district filed claims under its commercial insurance policy after school district property incurred damage during a hurricane. A dispute resulted regarding the extent of the school district’s coverage and the matter was submitted to arbitration. They were unable to agree on a single arbitrator, and after each appointing an arbitrator, the arbitrators were unable to agree on an umpire, therefore the matter was submitted to the instant court for selection of a qualified neutral arbitrator to oversee the matter. Having done so the case is ordered closed.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 8, 2024, Case #: 23cv8957, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Insurance
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. McCalla determines how the funds should be paid in this interpleader case arising from an alleged arson fire and alleged theft at the House of Blues recording studio. One of the individual defendants, who leased a studio and certain equipment from the owner, should receive $2,066,217 of the Business Personal Property award, as his lease "did not terminate with the fire."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 4, 2024, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: Insurance, Property, Damages
J. Cain denies a request by a surplus line insurance company to dismiss a parish sheriff’s suit for damages to a public building caused by two hurricanes and a winter storm. The insurer argues coverage of the damaged building should be voided to the sheriff’s “misrepresentations” on ownership. The insurer has not shown how certain statements by the sheriff’s office are material to the insurer’s claims, “let alone pointed to any circumstances that they were made with the intent to deceive.”
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 3, 2024, Case #: 2:21cv3947, NOS: Insurance - Contract, Categories: Fraud, Government, Insurance
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. Milazzo grants requests by insurers and against property owners suing them for inadequate compensation related to hurricane damage claims, staying the litigation pending arbitration. Contrary to the litigants’ argument, the arbitration clause at issue in the insurance dispute is enforceable under the New York Convention and federal arbitration law. The property owners’ claims of breach of contract, breach of duty of and bad faith damages claims fall under the policy’s arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:23cv4258, NOS: Insurance - Contract, Categories: Arbitration, Property, Damages
J. Milazzo denies requests by surplus line insurers to dismiss breach of contract claims and bad faith by a property owner alleging untimely and inadequate compensation for hurricane damage losses covered by the policy. Because the insurers fail to explain why dismissal of the suit, rather than a stay of proceedings, is warranted, the matter must be stayed pending resolution of arbitration proceedings.
Court: USDC Eastern District of Louisiana , Judge: Milazzo, Filed On: April 1, 2024, Case #: 2:22cv3780, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Damages
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. Brennen grants, in part, the insurer’s motion for partial summary judgment on counterclaims brought by a business owner in this insurance dispute after a fire damaged his apartment building. The court holds that the owner is barred from the 12-month cap in coverage on the business income, notes he failed to submit additional building repair to the appraisal panel, says his claim for mortgage interest is unsupported, and rules the unpaid business income he requests is based on gross income, not net computation. The insurer's motion to strike an affidavit of the owners managing member and expert witness are denied because the motion is harmless.
Court: USDC Northern District of Ohio, Judge: Bennan, Filed On: March 30, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Insurance, Damages, Experts
J. Whitehead denies summary judgment to the insurance company against the Insurance Fair Conduct Act claim of the insured's complaint alleging that the insurance company refused to pay her $55,000 owed for her underinsured motorist claim. It is unclear if the insurance company's offer was the result of an adequate investigation, because it is still unclear if the insured's injuries are traceable to the accident with the underinsured motorist.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 29, 2024, Case #: 2:23cv216, NOS: Insurance - Contract, Categories: Insurance, Vehicle
J. Hanen finds that a homeowner whose home was damaged is not entitled to additional claims of breach of contract after accepting payment on her insurance claim. The homeowner claims that they are entitled to the full replacement costs without deduction of depreciation. The insurance company provided an avenue for full replacement costs with the submission of replacement receipts, but the homeowner has not submitted those receipts to claim full replacement.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:23cv641, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
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