110 results for 'cat:"Insurance" AND cat:"Damages"'.
J. Richardson finds the lower court improperly reduced the contract damages and prejudgment interest to the coal company from the $7.6 million awarded by the jury to $1.8 million. The coal company sued the insurance company after they refused to cover the cost of a silo collapsing. The court incorrectly interpreted the insurance policy claiming the restoration period ended much earlier than it did. Reversed.
Court: 4th Circuit, Judge: Richardson, Filed On: July 20, 2023, Case #: 22-1459, Categories: insurance, Jury, damages
J. Hicks affirms a summary judgment in favor of an insured company against its insurer, who didn’t cover water damage from an overflow of water from a shower drain, which it claimed was a condition falling under an exclusion from coverage. However, the exclusion was worded ambiguously and didn’t include the word “shower,” so it was unclear that the exclusion applied to the insured’s situation.
Court: New Hampshire Supreme Court, Judge: Hicks, Filed On: July 20, 2023, Case #: 2021-0376, Categories: insurance, Water, damages
J. Devaney finds that the circuit court properly awarded damages to an airplane owner. The airplane was damaged when an individual sought rental of the aircraft and expressed interest in learning how to fly and assured the owner that he had insurance, which he did not possess. The individual failed to get the plane to an adequate takeoff speed and crashed into a ravine. The panel determined it had jurisdiction and affirmed on the merits of the matter. Affirmed.
Court: South Dakota Supreme Court, Judge: Devaney , Filed On: July 12, 2023, Case #: 2023SD34, Categories: insurance, Property, damages
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. Humphreys finds the lower court improperly granted a motion to mark judgment satisfied in this matter concerning damages related to a vehicle accident. Brown was awarded a judgment of $286,000 against Kirkpatrick for damages. Kirkpatrick’s insurance company paid him $50,000 per the policy limit, and the balance was paid to Brown via his underinsured motorist coverage. While Brown’s insurance company waived its right to subrogation, Brown claims he retains the right to pursue recovery against Kirkpatrick for the amount of the damages, and that Kirkpatrick should not receive a credit for or absolved of paying what Brown’s insurance company paid out under the underinsured motorist coverage, nor should he be released from his liability to satisfy the judgment. Reversed.
Court: Virginia Court Of Appeals, Judge: Humphreys, Filed On: July 5, 2023, Case #: 1100-22-1, Categories: insurance, Tort, damages
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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. 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. 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. Harris finds the trial court properly denied the insured's motion to amend his complaint with a claim for punitive damages in his lawsuit against the insurance company over its handling of his claim over damages his home suffered when it was struck by lightning. The insured has failed to bring sufficient evidence to show that the delayed appraisal process for his claim, which he says violated Florida law, occurred with enough frequency to be deemed a "general business practice" for the insurance company, so he is not entitled to bring a claim for punitive damages. Affirmed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: June 23, 2023, Case #: 22-1648, Categories: insurance, damages, Contract
J. Rubin grants a fire protection equipment and services firm’s motion for summary judgment against Nationwide’s negligence and breach of warranties claims when the sprinkler system in a local community center froze and caused water damage. According to the agreement, the actions of the firm are covered and therefore, Nationwide cannot recover $294,000 in damages from the firm.
Court: USDC Maryland, Judge: Rubin, Filed On: June 14, 2023, Case #: 1:20cv684, NOS: All Other Real Property - Real Property, Categories: insurance, damages, Contract
J. Vance grants summary judgment to an insurance company, ruling against the owner of an office building destroyed by fire on the policyholder’s denial-of-coverage complaint. To the extent the insured argues that its policy required the building owner “only to attempt to maintain a centrally monitored, automatic fire alarm,” that argument is foreclosed by Fifth Circuit precedent governing a similar insurance policy provision that required the insured to maintain a fire suppression system “in complete working order” throughout the term of the insurance policy.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 12, 2023, Case #: 2:23cv736, NOS: Insurance - Contract, Categories: insurance, damages, Discovery
J. Hollander partially grants a life insurance firm’s motion to dismiss allegations of breach of contract brought by a class of consumers, specifically regarding a punitive damages claim. Maryland state law observes that parties can sue for punitive damages only in tort cases, not breach of contract. However, since the firm is based out of Missouri, and it was aware that it charged consumers for expenses unrelated to death, according to state law there, the consumers’ claim for punitive damages as related to conversion may proceed.
Court: USDC Maryland, Judge: Hollander, Filed On: June 7, 2023, Case #: 1:22cv1100, NOS: Insurance - Contract, Categories: insurance, damages, Contract
J. Africk denies the property owner’s breach of contract claim against his insurer for failing to pay any of his $300,000 claim for hurricane damage. The mere facts that the property owner has an insurance policy and has not been paid for alleged damages do not constitute factual allegations sufficient to allow for the plausible conclusion the insurer’s actions are “arbitrary, capricious, and unsupported by any evidence and constitute bad faith.” The policyowner is offered one opportunity to amend his complaint to provide more specifics and facts to support his claims.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: June 5, 2023, Case #: 2:23cv1463, NOS: Insurance - Contract, Categories: Evidence, insurance, damages
J. Pryor finds that the district court properly denied the insurer's motion for a new trial alleging that a jury's $9.2 million damages award in favor of the insured in a breach of contract action against the insurer was excessive. The action arose out of the insurer's decision to deny the insured's claim for hurricane damages. The jury's verdict was within the range of damages that a jury reasonably could have awarded based on the evidence. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: June 5, 2023, Case #: 20-13954, Categories: insurance, damages, Contract
J. Cavanagh finds that the trial court improperly granted a driver summary judgment after he hit and injured two people in another car because his insurer’s decision to rescind the policy post-accident did not allow the driver to avoid liability for non-economic damages. Affirmed.
Court: Michigan Supreme Court, Judge: Cavanagh, Filed On: May 31, 2023, Case #: 163116, Categories: insurance, damages, Negligence
J. Barbier grants summary judgment to State Farm, dismissing a homeowner’s charges that the insurance giant acted in “bad faith” when it denied coverage, arising from storm damage by Hurricane Ida in 2021. The evidence demonstrates that State Farm had a “reasonable basis” to question whether the cause of the damage was covered under the homeowner's policy, which did not cover flood or mold losses. Therefore, State Farm did not act arbitrarily or capriciously in denying her insurance claim.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: May 22, 2023, Case #: 2:22cv581, NOS: Insurance - Contract, Categories: Construction, insurance, damages
J. Lynch finds that the district court properly held that an insurer's settlement liability in prior claims concerning soil and water pollution by Dole Food's predecessor was covered by Dole's own reinsurance policy. Under governing English law, the reinsurer's obligation matched that of the insured rather than merely a portion of liability. Affirmed.
Court: 2nd Circuit, Judge: Lynch, Filed On: May 22, 2023, Case #: 20-3559-cv, Categories: insurance, damages