1,958 results for 'cat:"Insurance"'.
J. Fox finds the lower court erroneously granted the insurers' motions for summary judgment based on the policyholder's noncompliance with policy requirements. The insurers each failed to provide in writing the specific medical records needed to process his claim and also failed to give him the statutorily required 60 days to correct any defects in the records he did provide. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: April 18, 2024, Case #: 2024COA40, Categories: Civil Procedure, insurance, Contract
Per curiam, the court of appeals finds that an insurer was improperly denied summary judgment in claims seeking personal protection insurance benefits under Michigan's no-fault act because the benefits exceeded fee schedule provisions outlined in MCL 500.3157. Reversed.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: April 18, 2024, Case #: 362739, Categories: insurance
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking damages for business losses due to the store's inability to use its premises during the Covid-19 pandemic. The store cannot show that a physical loss occurred in order to trigger coverage under the policy. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 18, 2024, Case #: 02091, Categories: insurance, Covid-19, Contract
J. Egan finds that the lower court properly denied plaintiff coverage for water damage caused by a burst radiator pipe in an empty home he had listed for sale. Plaintiff failed to overcome the policy exclusion for frozen pipes in residences that are either vacant, unoccupied, or under construction, since two of the three provisions applied, and he also failed to take measures to shut off the water before leaving on an extended overseas trip. Affirmed.
Court: New York Appellate Divisions, Judge: Egan, Filed On: April 18, 2024, Case #: CV-23-0362, Categories: insurance
J. Chen allows some disability discrimination claims to proceed against CVS from around a half-dozen CVS health plan participants who say the plans are designed to discriminate against people living with HIV/AIDS. The participants say the company makes it needlessly inconvenient and complicated for them to get their medications and that CVS ignores requests from participants looking to opt-out. At least one of the half-dozen participants has proven that they reached out to CVS to opt-out several times, but were ignored or denied each time. This is enough to show that they were denied benefits under their plan, allowing some of the claims to continue to the next stage.
Court: USDC Northern District of California, Judge: Chen, Filed On: April 18, 2024, Case #: 3:18cv1031, NOS: Other Labor Litigation - Labor, Categories: Health Care, insurance
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J. Lawrence finds that the lower court properly granted the insurance company's motion for summary judgment in this declaratory judgment action regarding its duty to indemnify an individual in a separate wrongful death case. The lower court did not err in its determination that the individual was not covered under the company's business owners insurance policy, based on his alleged conduct, which was not related to the business. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 18, 2024, Case #: 2024ME28, Categories: insurance, Indemnification
J. Pickett finds that the lower court properly awarded the mother $1.5 million and the son $125,000 for the injuries they suffered in a three-vehicle accident where one of the drivers drove a box truck covered by the insurance company. The insurance company claims that the trial court did not conduct the conference about the addressed issue on the record, but nothing on the record shows that the trial court rejected a request to do so. There is also no need to reverse the jury's assessment of fault, because they freely accepted or rejected the conflicting witness testimony in the underlying lawsuit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: April 17, 2024, Case #: CA-23-442, Categories: insurance, Vehicle, Damages
J. Neubauer finds the lower court improperly found that an insurance policy did not cover the property owners’ claimed damages. Property owners of condominium units filed a complaint against an insurance company for damages to their units due to neglected repairs in common areas of the community. The lower court found the damages were the result of the condominium community’s repair decisions, and not an accident or single unforeseeable incident. The instant court finds water intrusion as a result of the repair decisions constitutes an occurrence, as steps were taken to address the underlying issues, and damage to the units was not anticipated. The court also finds the owners are not considered insureds, and are not subject to exclusions prohibiting their claims. The matter is remanded for further consideration. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Neubauer, Filed On: April 17, 2024, Case #: 2023AP1011, Categories: insurance, Real Estate, Damages
Per curium, at issue in this insurance dispute is the amount of the attorney fees awarded to the insureds. The insurance company claims the awarded amount is unreasonable, arguing the rates and number of hours billed by the insureds is excessive. The instant court finds the matter should be remanded to the lower court for further consideration. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 17, 2024, Case #: 3D23-0940, Categories: insurance, Attorney Fees, Contract
J. Miller finds that the lower court properly denied the insurer's motion to dismiss fraud claims based on its alleged sale of an unlawful workers' compensation insurance program based on a forum-selection clause. The forum selection clause of an illegal insurance policy is not enforceable, and New York companies cannot be forced to litigate in Nebraska to vindicate their rights. Affirmed.
Court: New York Appellate Divisions, Judge: Miller, Filed On: April 17, 2024, Case #: 02032, Categories: Fraud, insurance, Jurisdiction
J. Abramson finds the circuit court properly found in favor of the homeowner, who claims the insurer wrongfully denied her fire-damage claim for her not residing in the house at the time of the fire. The applicability of the policy's residency requirement to the “residence premises” definition is ambiguous. Without applying the requirement, the policy covers the claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: April 17, 2024, Case #: CV-22-579, Categories: insurance, Property
J. Worthen finds the trial court properly entered a take nothing judgment against the driver. It is undisputed the insured driver was injured by the at-fault, hit-and-run driver. The insurer paid policy limits and says the driver is abusing the system by seeking $400,000 in damages. Photos of the accident showed minor damage to the driver's car. Furthermore X-ray, MRI and EMG evidence showed the driver had chronic and degenerative conditions resulting from a prior injury but did not show evidence of acute injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 17, 2024, Case #: 12-23-00133-CV, Categories: Evidence, insurance
J. Miller finds the lower court improperly determined the amount of attorney fees to be awarded to an insurance company. USAA Insurance prevailed in litigating a personal injury protection case, and attorney fees were awarded, but the lower court found the attorneys were operating under a verbal flat rate agreement and reduced the fee judgment accordingly, and failed to award appellate fees in their entirety. The instant court finds no testimony presented that USAA worked under a flat rate agreement, and it is entitled to recover reasonable attorney fees. The matter is remanded to the lower court to determine and award reasonable fees, taxable costs and expert fees. Reversed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: April 17, 2024, Case #: 2022-2032, Categories: insurance, Attorney Fees, Contract
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking indemnification for a bodily injury suit arising from unloading property from a vehicle. The injured worker in the underlying suit fell when a co-worker dropped an iron beam they were unloading from a truck, so the policy's auto exclusion applies. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02030, Categories: insurance, Indemnification
[Modified.] J. Streeter makes three minor modifications and denies a rehearing with no change in judgment. The lower court properly interpreted an inventory claim in this insurance matter, but not the loss of business income. A cannabis business suffered losses after a robbery, and filed a claim with the insurance company for $2.5 million of lost inventory. The inventory was stolen from two vaults, and the business argues it should be two inventory claims with a $600,000 limit for each claim, but the insurance company argues it is one claim with a limit of $600,000. The lower court found the interpretation of a single claim to be correct, and the instant court agrees, but it finds the portion of the claim concerning lost business income may not have been properly calculated, and remands that portion of the matter for further consideration. Reversed in part.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: April 16, 2024, Case #: A167491, Categories: insurance
J. Sweet grants the Navy's motion for summary judgment. The contractor left a wooden wedge in a gearcase of the Navy helicopter-landing vessel's transmission while performing testing, which was pulverized by a pre-acceptance engine start. The Navy refused to cover costs of the debris clean-up and the contractor says this violates the liability and insurance clause of the contract. There is no genuine issue of material fact. The costs of removing the wood-debris occurred due to the contractor's defective workmanship.
Court: Armed Services Board Of Contract Appeals, Judge: Sweet , Filed On: April 16, 2024, Case #: 62817, Categories: insurance, Military, Contract
J. Pascal allows insurers to file an amended answer in an action contending total loss claims stemming from car collisions had been undervalued because the counterclaims are based on new sets of facts and plausibly allege one of the drivers had not entered a valid contract with an insurer.
Court: USDC New Jersey, Judge: Pascal , Filed On: April 15, 2024, Case #: 1:21cv20510, NOS: Insurance - Contract, Categories: insurance, Contract
J. Pellegringo finds that the district court properly granted the insurers summary judgment without posting a bond in this lawsuit. The insurers allege breach of contract and violation of the Connecticut Unauthorized Insurers Act, but failed to show any genuine issue of material fact. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: April 15, 2024, Case #: AC45222, Categories: insurance, Contract
J. Bennett grants cross-motions for judgment on the pleadings in favor of Under Armour brought by the insurer in this insurance dispute from a consolidated class action over securities, derivative matters and a government investigation. The parties reached an agreement, and they no longer dispute the insurance coverage during the relevant times.
Court: USDC Maryland, Judge: Bennett, Filed On: April 15, 2024, Case #: 1:22cv2481, NOS: Insurance - Contract, Categories: insurance, Securities, Class Action
J. Docherty grants the insurers' motions to compel discovery and a deposition and denies the driver's motion to compel a deposition in the driver's suit arguing that he was improperly denied a policy for a classic car because he does not own a daily-use car. The driver failed to comply with meet-and-confer requirements and has not fully responded to discovery requests, and the insurers' requests seek relevant information, and are proportional to the needs of the case.
Court: USDC Minnesota, Judge: Docherty, Filed On: April 12, 2024, Case #: 0:23cv525, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, insurance, Discovery
J. Harris finds that, given State Farm's motion for rehearing, it is necessary to withdraw a previous opinion and replace it with this opinion in the insured's class action alleging State Farm was required to pay her interest on top of what it paid for her water damages claim. The trial court erred in dismissing the insured's contractual claim, as the relevant policy contains a standalone provision obligating State Farm to pay out interest which can create grounds for a cause of action not barred by statutory limitations. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: April 12, 2024, Case #: 23-0243, Categories: insurance, Contract
J. Fallon grants a policyholder’s request for default judgment against an insurer for liability in connection with its alleged failure to provide sufficient funds to cover hurricane damage to her two properties. Although the insurer received service in October 2023, it did not engage in the litigation by February 2024. The insurer also did not participate in a March 2024 hearing in which the property owner took the stand and testified to “the saga she has experienced in the years following Hurricane Ida [2021] attempting to work with various State Farm adjusters, inspectors and representatives." Citing an incomplete evidentiary record as to the more than $4.5 million sought, a separate proceeding must be held on the damages to which the property owner is entitled.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 12, 2024, Case #: 2:23cv4618, NOS: Insurance - Contract, Categories: Evidence, insurance, Damages
J. Schroeder grants an agricultural insurance company’s motion to dismiss allegations of breach of contract, deceptive trade practices and bad faith brought by a policy holder. Specifically, the policy holder claims the company wrongfully refused to pay under its crop insurance policy. However, because the policy holder did not respond to the company’s motion, and the time to do so has passed, the motion is granted and the case dismissed.
Court: USDC Middle District of North Carolina, Judge: Schroeder, Filed On: April 12, 2024, Case #: 1:24cv116, NOS: Insurance - Contract, Categories: Agriculture, insurance, Contract
J. Du grants an insurer's motion to dismiss this breach of contract claim. The homeowners sued the insurer for refusing to pay for more than 12 months of loss of use coverage after a tree fell on their house. The loss of use provision in the policy has been replaced with a "special provisions—Nevada endorsement" that requires the insurer pay additional living expenses for 12 months from the date of loss. There is no allegation or dispute it did not do this.
Court: USDC Nevada, Judge: Du, Filed On: April 11, 2024, Case #: 3:24cv60, NOS: Insurance - Contract, Categories: insurance, Contract