1,028 results for 'nos:"Insurance - Contract"'.
J. Africk denies summary judgment to the criminally convicted president and CEO of a failed bank, a senior vice president acquitted of all charges and the bank’s board of directors, on their identical arguments that an insurance company breached their contract by refusing to pay $5 million dollars for their legal defense costs. Neither the bank executives nor the board of directors have pointed to any policy language to support their argument that a court ruling was required to trigger the policy’s warranty exclusion. The dissatisfied insureds have failed to show that they are entitled to summary judgment.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: July 13, 2023, Case #: 2:22cv4518, NOS: Insurance - Contract, Categories: Bankruptcy, Evidence, Banking / Lending
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J. Eagan partially grants the insurance company's motion for summary judgment in this dispute involving an insurance claim for hotel damage allegedly caused by a windstorm. The motion is granted as to the hotel owner's bad faith claim, as the company's rejection of an adjuster's initial estimate "was reasonable under the circumstances." The motion is denied, however, as to the owner's breach of contract claim.
Court: USDC Northern District of Oklahoma , Judge: Eagan, Filed On: July 13, 2023, Case #: 4:21cv251, NOS: Insurance - Contract, Categories: Insurance, Contract
J. McAvoy finds in favor of State Farm on two insureds’ claims for denial of coverage of losses a fired caused to their rental property. The insurer was in its right to disclaim coverage after it was discovered during an investigation of the fire that the insured sent a letter to an individual and offered him $5,000 to set the property on fire and subsequently lied about the circumstances of the letter to insurance investigators.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: July 12, 2023, Case #: 5:21cv457, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Khalsa denies summary judgment to a driver who was beat up by another motorist after his car was intentionally hit by that motorist. The driver is seeking uninsured motorist coverage for the serious injuries he suffered. Genuine factual disputes exist as to whether the injuries arose from the operation, maintenance or use of the attacking driver’s vehicle.
Court: USDC New Mexico, Judge: Khalsa, Filed On: July 12, 2023, Case #: 1:22cv370, NOS: Insurance - Contract, Categories: Insurance, Tort, Assault
J. Tostrud grants the insurer's motion to dismiss claims brought against it by the insured seeking coverage for a fire at the insured's apartment building. The policy at issue in this motion, part of a suit against the building's four different insurers, includes a forum-selection provision requiring that claims against the insurer be brought in New York state courts. The policy also is not a contract of adhesion under Minnesota law.
Court: USDC Minnesota, Judge: Tostrud, Filed On: July 11, 2023, Case #: 0:23cv218, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Cain rebukes the self-described “leading insurer of religious organizations” for its “systemic failure” to settle disputes with its insureds following a a non-jury trial, awarding a small-town church over $1.9 million for its “grossly mishandled” hurricane damages claim. The insurer “failed to pay the church what was due under the policy, and every payment it made was untimely.” The ruling excoriated CM for its “repeated mishandling” of claims and its failure to resolve claims in this district. The insurer settles the least number of cases precertification — only approximately 20%, compared to 80-100% of all cases settled by other carriers.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: July 10, 2023, Case #: 2:21cv2472, NOS: Insurance - Contract, Categories: Insurance, Settlements, Damages
J. Volk denies a senior citizen housing company’s motions to dismiss the second amended complaint and reconsideration of an order denying its motion for judgment on a class action accusing it of failing to adequately staff its four facilities in West Virginia and of deceptive trade practices. The court finds the executrices of two former residents’ estates sufficiently alleged a claim, and the company’s authority and control over all four facilities makes it a de facto “seller” of assisted living services subject to the West Virginia Consumer Credit Protection Act. Absent further discovery, the court leaves the prior ruling undisturbed, but the estates’ claims could proceed under the Act since they are “analogous to claims for fraud and deceit.”
Court: USDC Southern District of West Virginia, Judge: Volk, Filed On: July 10, 2023, Case #: 5:22cv579, NOS: Insurance - Contract, Categories: Consumer Law, Wrongful Death, Class Action
J. Fitzgerald finds in favor of the insurance company for the laundromat corporation’s claim that the insurance company must pay $806,600 for property loss resulting from a deliberately set fire. The laundromat corporation does not provide enough non-speculative evidence that it suffered lost business income, because the fire broke out while its laundromat was still in the pre-construction stage.
Court: USDC Central District of California, Judge: Fitzgerald, Filed On: July 7, 2023, Case #: 2:20cv4950, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Bumb allows plaintiff to continue pro se claims contending an insurer should have paid out long term disability benefits because plaintiff plausibly alleged the insurer stalled for about a year by asking for documents already in its possession and failed to conduct an impartial review of her medical file upon using an unqualified physician.
Court: USDC New Jersey, Judge: Bumb, Filed On: July 6, 2023, Case #: 1:22cv6249, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance
J. Mix denies the injured driver's motion to limit and strike the opinions of the insurers' medical expert in a breach of contract and bad faith action arising after the insurers denied the driver's claim for additional uninsured and underinsured motorist benefits following a car crash. The expert's opinions regarding velocity are not excluded because they are within his subject area of expertise and are based on his review of accident documents and other data.
Court: USDC Colorado, Judge: Mix, Filed On: July 6, 2023, Case #: 1:22cv37, NOS: Insurance - Contract, Categories: Insurance, Experts, Contract
J. Rothstein grants partial summary judgment to the insurance company for its claim that it did not breach its duty to defend the insured in an underlying car collision lawsuit that claimed that the insured was at-fault. There is no corroborating evidence that the insurance company knew of the lawsuit's existence until Feb. 18, 2021, so the insurance company has no duty to defend the insured prior to that date.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: July 6, 2023, Case #: 2:21cv1501, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. King partially grants the insurance agency's motion to dismiss the asset-based lender's claim that the agency improperly calculated the end-of-term value in the lender's insurance policy. It is unclear if the lender based its contract claim on the theory that Endorsement D's prefatory language defines the valuation method, which is part of a previously failed argument.
Court: USDC Western District of Washington, Judge: King, Filed On: July 3, 2023, Case #: 2:21cv756, NOS: Insurance - Contract, Categories: Insurance, Contract