1,028 results for 'nos:"Insurance - Contract"'.
J. Hernandez grants the Illinois insurance company's supplemental motion for summary judgment regarding its claim that the California insurance company must contribute 74.6% of defense costs for McKay Investments Company's liability policy regarding a 2009 faced enforcement action, which is related to pollution from a former dry cleaner at a property McKay owned. The California insurance company's argument that the Illinois insurance company is not entitled to equitable contribution because the cost-sharing agreement covers rights and obligations for past payments is invalid, because both parties agreed that this settlement agreement was interim and could be renegotiated.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 3, 2023, Case #: 3:21cv266, NOS: Insurance - Contract, Categories: Environment, Insurance, Settlements
J. Bolden grants an insurer's motion to dismiss, ruling the car owner's request for more than $7,000 in damages is insufficient to meet this court's threshold, even if punitive damages were found; therefore, the district court lacks jurisdiction.
Court: USDC Connecticut, Judge: Bolden, Filed On: June 30, 2023, Case #: 3:22cv1458, NOS: Insurance - Contract, Categories: Insurance, Damages, Jurisdiction
J. Palk grants the insurance company's motion to quash, as well as the nonparty law firm's motion to quash, in this breach of contract lawsuit involving an underinsured motorist policy. The individual plaintiff has failed to articulate how certain categories of information are relevant to his claims. Also, the requested PowerPoint slides are protected by attorney-client privilege. Accordingly, the subpoenas at issue are quashed.
Court: USDC Western District of Oklahoma , Judge: Palk, Filed On: June 30, 2023, Case #: 5:22cv349, NOS: Insurance - Contract, Categories: Insurance, Discovery, Privilege
J. Bolden grants an insurer's motion to dismiss, ruling the car owner's request for over $13,000 in compensatory damages fails to meet this court's threshold, even if punitive damages were found; therefore, the district court lacks jurisdiction.
Court: USDC Connecticut, Judge: Bolden, Filed On: June 30, 2023, Case #: 3:22cv1456, NOS: Insurance - Contract, Categories: Insurance, Damages, Jurisdiction
J. McCafferty enters partial summary judgment for a company who was denied worker's compensation coverage of their worker's injuries in a car collision in New Hampshire. While the company's insurance provider's policies include a command that the provider be notified at once if a worker is injured in a state other than Florida or New York, this command doesn't specify in plain language what the consequences of not following the command would be. In another policy of the same insurance provider, loss of coverage is clearly stated as a consequence of non-compliance, which means that in sections where it doesn't specify the consequences of non-compliance, it is not reasonable to expect the insured to expect loss of coverage as a consequence.
Court: USDC New Hampshire, Judge: McCafferty, Filed On: June 30, 2023, Case #: 1:21cv317, NOS: Insurance - Contract, Categories: Insurance, Contract, Workers' Compensation
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. Beckerman denies partial summary judgment to the insurance company for the insured's claim that the company must provide coverage for injuries the insured sustained from an accident with an uninsured motorist. The insured's negligence per se claim does not fail as a matter of law because the case that the insurance company relies on for its argument against the claim does not apply.
Court: USDC Oregon, Judge: Beckerman, Filed On: June 30, 2023, Case #: 3:22cv1216, NOS: Insurance - Contract, Categories: Insurance, Negligence
J. Arguello grants the insurer's motion for partial summary judgment on the insured's claim for unreasonable delay or denial of benefits in a breach of contract action arising after the insured was injured in a car collision. There is evidence showing that the insurer acted reasonably to resolve the insured's claim and tried to negotiate with her in good faith. The insurer's challenge to the insured's claim for her rotator cuff injury and treatment was reasonable because the injury may not have been attributable to the collision.
Court: USDC Colorado, Judge: Arguello, Filed On: June 30, 2023, Case #: 1:21cv2512, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Duffin partially grants the insured's motion to compel discovery for the bad-faith claim in her lawsuit against the insurance company over underinsured motorist benefits she is attempting to claim stemming from in a car accident. The insured is granted limited discovery regarding the formula and method the company uses to calculate its cash reserves, and the company is ordered to produce a complete attorney-client privilege log within 21 days. The insured's motion is denied as to her demand that the company identify its people "most knowledgeable" of certain facts, and resolution is deferred as to other matters withheld by the company based on work product, attorney-client privilege and post-litigation information, as well as discovery of its actual cash reserve amount. The company's motion for a protective order and court review of its privilege log is denied, and the insured's motion for sanctions is denied without prejudice.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: June 29, 2023, Case #: 2:22cv200, NOS: Insurance - Contract, Categories: Insurance, Discovery, Contract
J. Kearney denies an insurance company's motion to dismiss a couple's unfair trade practices claim that was filed after the insurance company refused to pay the girlfriend's claim after they were hit by a vehicle while riding bikes. The boyfriend added his girlfriend to his car insurance policy prior to the accident and paid an additional premium for her to be listed on the account; it is still unclear what her being added entitles her to.
Court: USDC Eastern District of Pennsylvania, Judge: Kearney, Filed On: June 29, 2023, Case #: 2:23cv1732, NOS: Insurance - Contract, Categories: Insurance, Trade, Contract
J. Rodriguez grants a firm reconsideration in claims brought against an insurer because the firm was entitled to review alleged attorney-client communications between the insurer and its counsel since counsel acted as an insurance adjuster by making an offer of settlement and tendering a check to the firm.
Court: USDC Colorado, Judge: Rodriguez, Filed On: June 28, 2023, Case #: 1:22cv1381, NOS: Insurance - Contract, Categories: Insurance, Privilege
J. Settle grants partial summary judgment to the insured for her claim that the insurance company must provide her full medical coverage and coverage for other costs and damages she incurred from an accident with an at-fault uninsured motorist. The insurance company's comparative bad faith affirmative defense, arguing that the pre-lawsuit negotiations conduct of the insured's attorney caused a delay in the insurance company's investigation, is not legitimate under Washington law because the insurance company does not distinguish between the insured's conduct and that of her attorney. Also, the insurance company has a higher standard of conduct to uphold in regard to insurance contracts than the insured does, meaning a comparative defense is not valid.
Court: USDC Western District of Washington, Judge: Settle, Filed On: June 27, 2023, Case #: 3:22cv5436, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Anderson adopts the recommendation of the magistrate judge and dismisses this case as a sanction, based on the plaintiff company's failure to provide initial disclosures. The company has provided "no valid justification" for failing to comply with "a clear court order." The dismissal will be without prejudice, however.
Court: USDC Western District of Tennessee , Judge: Anderson, Filed On: June 27, 2023, Case #: 1:22cv1115, NOS: Insurance - Contract, Categories: Civil Procedure, Sanctions, Discovery
J. Dries finds State Farm must engage with the homeowners in the process of appraising damages to their home, particularly cracks in the stone basement wall, caused by explosive blasting to remove underground rock during construction at their neighbors' property. Because the parties disagree on the "amount of loss" and whether the damages can even be repaired without razing the home, the homeowners properly demanded appraisal as they have a right to under their policy and case law supports the dispute over damages being subject to appraisal, the homeowners motion for declaratory judgment compelling appraisal is granted.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: June 27, 2023, Case #: 2:22cv734, NOS: Insurance - Contract, Categories: Insurance, Damages, Contract
J. Navarro grants the insured party's motion to dismiss his suit alleging intentional infliction of emotional distress and breach of fiduciary duty arising from the insurance company's alleged mishandling of his claim for lost property contained in an apartment he was locked out of. The insured contends that the court, the insurance company, and its attorneys are “colluding” against him, and says that he will not follow the court’s orders or decisions, contending that they are “fake” and violate his constitutional rights. He seeks to dismiss his lawsuit because the court’s “condonation of defendant’s fraud...and the highjacking of [his] case has so tainted [it] as to rise to the level warranting a mistrial.” Based on this conduct and the insured's refusal to participate in discovery, the court is satisfied that dismissal with prejudice is warranted.
Court: USDC Nevada, Judge: Navarro , Filed On: June 27, 2023, Case #: 2:22cv1451, NOS: Insurance - Contract, Categories: Fraud, Insurance, Fiduciary Duty
J. Pulliam grants in part Aetna Dental’s motion to dismiss in this dispute brought by dental healthcare providers who claim Aetna failed to pay or underpaid thousands of claims. The plaintiffs may not pursue claims under sections 541.051, 541.052, and 541.061 of Chapter 541. They also cannot pursue independent claims under Chapter 542.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: June 27, 2023, Case #: 5:22cv834, NOS: Insurance - Contract, Categories: Insurance
J. Black grants the injured patient's motion to stay proceedings, ruling that because other litigation involving the same insurance company and surgeon is farther along and will help to clarify critical issues in this case, the declaratory judgment action filed by the insurer must be stayed pending the outcome of the other case.
Court: USDC Southern District of Ohio, Judge: Black, Filed On: June 26, 2023, Case #: 1:22cv122, NOS: Insurance - Contract, Categories: Civil Procedure, Health Care, Insurance
J. Burkhardt denies the insured's motion for discovery relating to his lawsuit arising from a dispute over benefits under several disability income insurance policies the insurance company issued to the insured, who claims to be totally disabled as of May 2020. The insured is seeking to learn whether outside counsel transmitted certain claim file documents to the insurance company and what the company then did with those documents. However, such information is protected by attorney-client privilege.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: June 23, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: Insurance, Discovery
J. Kendall partially grants an insurance company’s motions to dismiss, sever and transfer insurance class action claims brought by a class of motorists in 47 states who totaled their vehicles and then claim to have been defrauded by the company’s negotiation policies. The court severs several of the claims and transfers a handful of others to out-of-state federal districts, but otherwise denies the dismissal motions.
Court: USDC Northern District of Illinois, Judge: Kendall, Filed On: June 21, 2023, Case #: 1:22cv1422, NOS: Insurance - Contract, Categories: Fraud, Insurance, Class Action
J. Lasnik finds in partial favor of the orthodontist in the insurance company's complaint seeking a determination that it has no duty to provide further coverage for water damage to the orthodontist's suite after another tenant started a fire and caused the building's sprinklers to go off. The orthodontist has a right to coverage for all tenant improvements the insurance company identified as covered in a June 2020 coverage determination, "regardless of whether the improvements were there when he took occupancy or were added by him afterward." The orthodontist is also entitled to summary judgment on his claim that the insurance company acted in bad faith by failing to reasonably investigate his insurance claim.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: June 21, 2023, Case #: 2:20cv1076, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees