169 results for 'cat:"Civil Procedure" AND cat:"Insurance"'.
J. Singas answers a certified question from the second circuit by finding that the plain language of New York insurance law does not apply to discretionary payments made into interest-bearing policy accounts as part of a universal life insurance policy. Unlike term or whole life policies that mandate fixed, periodic premiums and refund paid portions upon death, universal policies allow payments in any amount at any time that applies to the policy value.
Court: New York Court Of Appeals, Judge: Singas, Filed On: October 19, 2023, Case #: 59, Categories: civil Procedure, insurance
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
[Consolidated.] J. Bourliot finds that while the trial court properly ruled in favor of the insurance agent in a hurricane coverage dispute with a condominium owner, it partly erred in siding with the owners association in a dispute over unpaid assessments with the condo owner. Granting summary judgment based on res judicata was erroneous since the association and condo owner were not "adverse parties" in the prior lawsuit. Reversed in part.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: October 17, 2023, Case #: 14-21-00467-CV, Categories: civil Procedure, insurance, Property
J. Breen partially grants the defendant insurance company's dismissal motion in this breach of contract lawsuit brought by a property owner whose properties were allegedly damaged by a tornado. The property owner's claim under the Unlawful Insurance Act does not apply to the insurer. Additionally, the company's dismissal motion regarding certain counts is converted to a motion for summary judgment, and the property owner will be given time "to file a rebuttal."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: October 12, 2023, Case #: 1:23cv1047, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Real Estate
J. Brunner finds the appeals court properly overturned a lower court's decision, as fees incurred by the Bureau of Workers' Compensation to conduct a medical examination that ultimately resulted in a denial of benefits could not be recovered via subrogation after the applicant settled his personal injury lawsuit with a third party. The bureau was entitled to request a medical review when the claimant sought additional benefits, but it bears the cost of such an examination, which was not completed for the claimant's benefit. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: October 3, 2023, Case #: 2023-Ohio-3522, Categories: civil Procedure, insurance, Workers' Compensation
J. Lanier finds that the trial court erred in sustaining the exception of res judicata in favor of insurers regarding the insured's incidental demands seeking defense/indemnity in the property owners' suit over damage from a sinkhole. The plaintiffs in the respective suits are different, as are the alleged causes of action. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: September 28, 2023, Case #: 2023CA0139, Categories: civil Procedure, insurance, Property
J. Robertson grants the defendant Oklahoma Corporation Commission's dismissal motion in this declaratory judgment lawsuit concerning whether an insurance policy provides coverage for certain actions. The commission is dismissed based on its sovereign immunity under the 11th Amendment. Additionally, the case will be stayed to allow the Western District of Louisiana to "determine the application of the first-to-file rule."
Court: USDC Eastern District of Oklahoma, Judge: Robertson, Filed On: September 28, 2023, Case #: 6:22cv323, NOS: Insurance - Contract, Categories: civil Procedure, insurance
J. Panella finds that the lower court improperly dismissed an estate administrator's declaratory judgment action seeking a determination that an insurance policy covers a certain vehicle in an underlying action. The estate administrator reached a settlement with the driver and owner of the vehicle, have entered a judgment against them, and have taken an assignment from them to pursue this declaratory action against their insurer. Therefore, there is no non-justiciability, which was the only basis for the lower court's dismissal of the declaratory judgment action. Reversed.
Court: Pennsylvania Superior Court, Judge: Panella, Filed On: September 26, 2023, Case #: J-A20005-23, Categories: civil Procedure, insurance
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. DuBose denies the homeowners their motion to dismiss an insurance company's declaratory judgment to determine the parties’ rights, duties, and obligations under a title insurance policy. The insurance company has plausibly alleged that the obligations are terminated under the terms of the policy. The underlying state court action seeking rescission is still ongoing, so the stay motion will be granted based on ripeness grounds.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 20, 2023, Case #: 1:23cv32, NOS: All Other Real Property - Real Property, Categories: civil Procedure, insurance, Real Estate
J. Breen partially grants the defendant insurance group's motion and dismisses Count 5 of this complaint with prejudice. The Unlawful Insurance Act does not apply to the defendant, as it "only applies to insureds." Also, the plaintiff steakhouse and its counsel must show cause "why they should not be sanctioned for misleading the court."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: September 19, 2023, Case #: 1:23cv2191, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Sanctions
J. Love finds that an insured's appeal of the judgments finding for the insurer on the insured's petition for loss of fair rental value of property damaged by Hurricanes Zeta and Ida should be dismissed because the judgments were not final and appealable. Under statute, "denial of a motion for new trial is not subject to designation as a final judgment."
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: September 14, 2023, Case #: 2023-CA-0198, Categories: civil Procedure, insurance, Jurisdiction
J. Roman finds the lower court properly dismissed the injured driver's complaint against the insurer as barred by a 1-year statute of limitations. The complaint sought a penalty for the company's failure to disclose policy records of the other driver involved in the car accident and, therefore, the filing time limit began to accrue the day after the 30-day period during which the insurer was required to produce the documentation. Affirmed.
Court: Colorado Court Of Appeals, Judge: Roman, Filed On: September 7, 2023, Case #: 2023COA77, Categories: civil Procedure, insurance
J. Molberg finds in this restricted appeal that the lower court properly dismissed the appellants' petition for want of prosecution. The record shows that they failed to take "any action to prosecute the case in the nearly nine months after filing." Their arguments for reinstatement also fail. Affirmed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: September 5, 2023, Case #: 05-22-00061-CV, Categories: civil Procedure, insurance
J. Wyrick mostly denies the counterclaimants' motion for summary judgment in this dispute over insurance coverage for the loss of certain aircraft, which were not returned by the lessees after they allegedly stopped making lease payments. The leasing company argues that the insurer breached its insurance policy by failing to cover the loss of the aircraft. However, it is only entitled to summary judgment as to the "inapplicability of the wear and tear exclusion." Most of the other issues are subject to disputes of fact, which preclude summary judgment.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 1, 2023, Case #: 5:21cv510, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Contract
J. Boulee grants the insurance company's motion to intervene as a plaintiff in a declaratory judgment action brought by the insurers against the insured. The action arises from a coverage dispute related to an underlying lawsuit against the insured for allegedly improper construction work. Although the company could protect its interests by filing its own action against the insurers, allowing the company to intervene in the instant action is in the interest of judicial economy.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: August 31, 2023, Case #: 1:22cv2739, NOS: Insurance - Contract, Categories: civil Procedure, insurance