756 results for 'cat:"Insurance" AND cat:"Contract"'.
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, insurance, contract
J. Clark finds the trial court erroneously granted the insurer's motion for summary judgment on the substitute complaint filed by the church damaged in a fire. Although the court had previously struck claims against the insurer, the church was entitled to bring a new complaint once it removed the individual responsible for the fire from the filing and corrected the misjoinder that initially led to the removal of claims against the insurer. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 28, 2024, Case #: AC45057, Categories: Civil Procedure, insurance, contract
J. Hicks grants the flight support company's motion for summary judgment in this negligence suit. A private plane was damaged by the corporation's making contact with another plane it was moving at the storage facility. The pilot who left the plane to be stored signed a "landing card" stipulating the corporation is not liable for damage. The terms of the landing card are an enforceable contract, including the limitation of liability footnote. Though the pilot involved was not the principal pilot contracted to fly the plane, he was cloaked with apparent authority by the original pilot. The principal “is estopped from later denying the actions of the agent” once he “cloaks the agent with the apparent authority to act[.]”
Court: USDC Nevada, Judge: Hicks , Filed On: March 28, 2024, Case #: 2:22cv2011, NOS: All Other Real Property - Real Property, Categories: insurance, contract, Aviation
J. Savoie enters summary judgment dismissing the driver's claims seeking underinsured/uninsured motorist coverage from the insurer after an auto accident. There was no UM coverage for the driver under her father's policy based on the policy exclusions.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: March 27, 2024, Case #: CW-23-409, Categories: insurance, contract
J. Gill finds the circuit court properly decided that the insurance company is obligated to defend and indemnify the insureds in a lawsuit from a man whose leg was crushed in a crash while he was a passenger on a UTV operated by the insureds' son on a frozen lake near the insureds' second home. An exception to an exclusion in the insureds' homeowner's insurance policy offering coverage for lawsuits stemming from bodily injuries caused by "the ownership, maintenance, use, loading or unloading of a UTV 'which is' used to service an insured's residence" is ambiguous and can be constructed in more than one reasonable way, and the facts in the complaint fit one of the circumstances under which coverage would be triggered. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: March 26, 2024, Case #: 2022AP000742, Categories: insurance, contract
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J. Honeywell grants the insurer's motion for summary judgment in its suit seeking a judgment that it has no duty to defend or indemnify its insureds in an underlying lawsuit and probate claim. An exclusion for claims stemming from alleged activities of an insured in their capacity as a director, partner, trustee, officer or employee of a business enterprise other than the business to which the policy was issued applies to a joint venture that company entered with another company.
Court: USDC Middle District of Florida, Judge: Honeywell, Filed On: March 26, 2024, Case #: 8:22cv106, NOS: Insurance - Contract, Categories: insurance, contract
J. Whitehead denies the injured car passenger's request for a ruling stating that funds received for personal injury protection subrogation from an at-fault party "prior to full compensation" are owed to the insured. The passenger "impermissibly seeks a general proclamation about the rights and duties of insureds and insurers without identifying the specific claim, 'or part of each claim,' on which he seeks summary judgment." He also fails to show that the insurer acted deceptively in its handling of the claim.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: March 25, 2024, Case #: 2:22cv1720, NOS: Insurance - Contract, Categories: insurance, contract
J. Samour finds the appeals court erroneously determined the "regular use vehicle" exclusion for uninsured motorist benefits in the classic car owner's policy was unenforceable. Although this court has previously found such benefits cannot be tied to use of a particular type of vehicle, the policy at issue in this case works in tandem with a standard policy that has its own uninsured motorist benefits and, therefore, allows for the exclusion. Reversed.
Court: Colorado Supreme Court, Judge: Samour, Filed On: March 25, 2024, Case #: 2024 CO 17, Categories: insurance, Vehicle, contract
J. Schiltz grants summary judgment to the insurer in the insureds' suit seeking coverage for the personal property of the named insured's two sons, destroyed in a fire at the insured's home, where the sons and the named insured's ex-wife, but not the named insured, were residing. The sons were not part of the same "household" as the named insured under his policy, and the named insured did not reside at the damaged home during the policy's period. The policy's requirement that the named insured reside at the insured home also does not conflict with Minnesota's standard fire insurance policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 22, 2024, Case #: 0:22cv1502, NOS: Insurance - Contract, Categories: insurance, contract
J. Leichty denies various insurers' motions for judgment as a matter of law. The owner of a warehouse whose property was damaged in a flood sued several insurance companies for breach of contract, which were found to be liable for various environmental and electrical damages. The jury was not unreasonable by taking the most conservative estimate for environmental remediation. The owner presented sufficient evidence for the jury to find the insurers acted in bad faith in coopting the expert engineer the owner hired for representation to protect the insurers.
Court: USDC Northern District of Indiana, Judge: Leichty , Filed On: March 22, 2024, Case #: 3:21cv227, NOS: Insurance - Contract, Categories: insurance, Damages, contract
J. Catlett finds a lower court partly properly dismissed an insurance company's motion for denial of coverage for an insured driver. The driver argued that the insurance company was obligated to cover damages from a car accident she was involved in under a automobile policy and a personal liability umbrella policy. However, although the insured failed to ignite proceedings under the auto policy within the statute of limitations, she may be entitled to relief under the umbrella policy. Reversed in part.
Court: Arizona Court Of Appeals Division One, Judge: Catlett, Filed On: March 21, 2024, Case #: 1 CA-CV 23-282, Categories: insurance, contract
J. Gilbert rules an insurance company has a duty to defend a trusses service company on behalf of an employee, who may have prematurely released the truss's crane, which resulted in its collapse. The truss company sufficiently showed in court that the insurer is obligated to provide coverage for attached machinery to the employee's truck, which is not considered an "auto."
Court: USDC Southern District of Illinois, Judge: Gilbert, Filed On: March 19, 2024, Case #: 3:21cv497, NOS: Insurance - Contract, Categories: Employment, insurance, contract
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: insurance, contract
J. Battaglia rules a property association may pursue contract claims against State Farm Insurance. The property association sufficiently alleges that its claim loss falls within the parties' endorsement in a residential community association policy after it was swindled by a third party with a fake email account who convinced the association's treasurer to wire it money. The treasurer's error counts as a "wrongful act," which is covered by the policy's endorsement.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv195, NOS: Insurance - Contract, Categories: insurance, contract
J. Estudillo dismisses Highmark Homes' complaint that the insurance companies must cover the former for construction defects. The Condominium, Apartment, Townhouse or Tract Housing Coverage Limitation Endorsement exclusion of the policy applies, because it precludes coverage if an insured constructed 25 or more homes in a development, which Highmark did in the Vintage Hills development.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 18, 2024, Case #: 3:21cv5280, NOS: Insurance - Contract, Categories: insurance, Property, contract
J. Volk grants the insurance company’s and related defendants' joint motion to lift the stay, and for confirmation and enforcement of the Bermuda arbitrator's awards in the human resource firm's breach of contract suit. The firm's argument to deny recognition of the 2023 awards citing the "public-policy defense" from Article V in the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards is unpersuasive since the claim of the arbitrator's lack of impartiality was foreclosed when they failed to appeal to the Bermuda Supreme Court within 30 days of an arbitration panel's decision.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: March 18, 2024, Case #: 5:18cv1082, NOS: Other Contract - Contract, Categories: Arbitration, insurance, contract
J. Clarke grants the plaintiff insurer's request for a declaration that the defendant insurer is obligated to indemnify their mutual insureds in an underlying construction injury suit. The property owner and lessee named in the underlying case qualify as additional insureds under defendant's policy, and the wrap-up exclusion does not bar coverage.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: March 15, 2024, Case #: 1:22cv364, NOS: Insurance - Contract, Categories: insurance, contract
J. Kunselman finds that the lower court improperly found that the sellers of a restaurant breached their contract with the buyer in this case wherein the restaurant burned down after the parties signed a sales agreement but before they closed on the deal. The record is devoid of any competent evidence regarding the post-fire value of the property. Vacated.
Court: Pennsylvania Superior Court, Judge: Kunselman, Filed On: March 15, 2024, Case #: J-E03003-23, Categories: insurance, Property, contract
J. Marbley denies, in part, the farm owner's motion to dismiss certain affirmative defenses, ruling the insurer's contributory negligence defenses do not relate to fraud on the part of the owner and, therefore, do not require a heightened level or particularity at this stage of proceedings.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 15, 2024, Case #: 2:22cv4458, NOS: Insurance - Contract, Categories: insurance, contract
J. Morrison grants the policyholder's motion for summary judgment on the interpretation of the deductible provision in its policy with the insurance companies, ruling ambiguous language requires the use of extrinsic evidence and testimony from an individual heavily involved in procuring the policies supports the policyholder's interpretation. Specifically, even though only a single manufacturing facility was damaged by the fire, the business losses of the company must be calculated using losses from all of the facilities, which are interconnected.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 14, 2024, Case #: 2:22cv2019, NOS: Insurance - Contract, Categories: Evidence, insurance, contract