1,028 results for 'nos:"Insurance - Contract"'.
J. Howell allows the expert opinions and testimony of a forensic accountant in an insurance dispute over storm damages allegedly caused to an apartment complex by Winter Storm Uri in 2021. The insurance company argues that the expert was not accurately gauging the valuation and occupancy rate of the apartment, but while there are "obvious flaws" in some of the expert's opinions, that by itself "does not render them inadmissible."
Court: USDC Western District of Texas , Judge: Howell, Filed On: July 24, 2023, Case #: 1:22cv735, NOS: Insurance - Contract, Categories: Insurance, Experts, Discovery
J. Robart denies the insurance company summary judgment as to whether the insurance policies' "extended or intended" exclusions preclude coverage for the foster parents' underlying lawsuit, in which their foster child alleges that the foster parents' biological sons sexually abused her. The insurance company reads the exclusion too broadly, because the policy only excludes coverage for harm that the insured caused, not the foster parents' alleged failure to protect the foster child from harm.
Court: USDC Western District of Washington, Judge: Robart, Filed On: July 24, 2023, Case #: 2:20cv309, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Schroeder remands two individuals' insurance dispute arising from a car collision. The amount in controversy is less than $75,000 and, therefore, the district court lacks jurisdiction.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: July 24, 2023, Case #: 1:23CV296 , NOS: Insurance - Contract, Categories: Insurance, Jurisdiction
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J. Wright grants the insurer's motion for judgment on the pleadings in the insureds' suit seeking coverage for the theft of their cryptocurrency tokens by hackers. The tokens do not fall under the insured's policy's "direct physical loss" provisions, since they are a purely digital asset.
Court: USDC Minnesota, Judge: Wright, Filed On: July 21, 2023, Case #: 0:22cv691, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Garcia grants a motion to dismiss brought by several parties in a wrongful death suit stemming from a car accident after an insurer sued seeking injunctive relief declaring a cap to potential damages. As a state court is already in the process of addressing these questions of liability and damages, the federal court has "no sound legal or factual basis to exercise jurisdiction" over this issue.
Court: USDC New Mexico, Judge: Garcia, Filed On: July 21, 2023, Case #: 2:22cv737, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Wrongful Death
J. Mannion grants a policyholder's motion to remand insurance contract claims to Lackawanna County since she properly joined the claims adjuster, who "destroys diversity," based on allegations that he attempted to threaten and harass her during an interview to discourage her from pursuing claims for fire damages to her vehicle.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: July 21, 2023, Case #: 3:23cv247, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Breen denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract case involving a home fire. The court notes that the company's arguments speak to "the accuracy of the conclusions, not to the reliability of the testimony." The expert, who is an insurance consultant and property adjuster, inspected the property and "conducted a 3-D scan of the dwelling."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: July 20, 2023, Case #: 1:22cv1079, NOS: Insurance - Contract, Categories: Evidence, Insurance, Experts
J. Levy enters partial judgment against an insurer and declares it must defend its insured, a subcontractor, along with three additional insureds in an underlying negligence and wrongful death action stemming from a workplace accident that resulted in the death of one laborer and severe injuries to another. The court also orders the insurer to reimburse the additional subcontractors’ insurer for the defense costs already incurred in the underlying action. However, the court finds in favor of the insurer on a crane operator’s claims for coverage, finding it does not qualify as an additional insured.
Court: USDC Eastern District of New York, Judge: Levy, Filed On: July 18, 2023, Case #: 1:20cv2249, NOS: Insurance - Contract, Categories: Insurance, Negligence, Wrongful Death
J. Tunheim grants the insured's motion for partial summary judgment in an insurance coverage dispute regarding damage to concrete press pads in its subsidiary's printing facility. Earth movement caused in part by faulty workmanship or settling is covered by earth movement coverage extensions in the insurance policies at issue, which are ambiguous by way of unclear intent to create an anti-concurrent causation clause.
Court: USDC Minnesota, Judge: Tunheim, Filed On: July 18, 2023, Case #: 0:22cv1151, NOS: Insurance - Contract, Categories: Construction, Insurance
J. Brown enters judgment in favor of the manufacturer of Arizona Ice Tea on its claims that its insurer provided only partial coverage for the additional costs involved in preparing its annual audit after its corporate headquarters’ software systems suffered a catastrophic data loss and resulted in the permanent loss of data for 2016 and 2017. The court finds the auditing process is considered “usual business operations” pursuant to the insurance policy and the process to restore its systems and complete its revised audit were conducted during a covered restoration period.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: July 17, 2023, Case #: 2:20cv1537, NOS: Insurance - Contract, Categories: Insurance, Technology
J. Rothstein finds in favor of third-party defendant Smith Freed Eberhard and dismisses the law firm from the insured's lawsuit, which alleges that the firm committed legal malpractice and violated its fiduciary duties by waiting seven months to file a vacate motion of default judgment in the insured's underlying car collision lawsuit and did not exhaust all opportunities for relief from the default judgment. Although the law firm did not act with due diligence in regard to filing the motion to vacate, the insured does not prove that the firm's lack of action was the proximate cause of his damages. In fact, the county court likely would have denied the motion anyway because the insured did not appear in litigation before or after the default order was entered.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 17, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: Insurance, Fiduciary Duty, Legal Malpractice
J. Jackson denies summary judgment to a Louisiana health care provider for Medicaid agencies, ruling in favor of its New York-based insurer in a dispute over coverage. None of the relevant communications prior to a 2019 settlement between an Oklahoma psychiatric facility, Florida’s Medicaid agency and the Louisiana health services corporation constituted “claims” as required by the New York insurer’s liability insurance policy covering errors and omissions. Therefore, coverage under the policy was never triggered.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: July 17, 2023, Case #: 3:22cv50, NOS: Insurance - Contract, Categories: Health Care, Insurance, Settlements