169 results for 'cat:"Civil Procedure" AND cat:"Insurance"'.
[Consolidated.] J. Silva conditionally grants the insurance company's request for a writ of mandamus, in which it challenges an order in the lower court granting a bill of review. The lower court abused its discretion by granting the bill of review, as the insured party was not "prevented from presenting a meritorious defense to the underlying cause of action by official mistake."
Court: Texas Courts of Appeals, Judge: Silva, Filed On: August 22, 2023, Case #: 13-22-00116-CV, Categories: civil Procedure, insurance
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J. Seeger denies the defendant insurance company’s motion to stay this contract dispute with the plaintiff Medicare payment recovery firm. A sister firm to the plaintiff in this case still owes the insurance company attorneys’ fees and costs for a nearly-identical, aborted case in Florida, and the company wants this case’s plaintiff to pay up for its sibling’s bill before this case advances. But the court denies the motion on the grounds that, even if this plaintiff firm and the Florida firm are part of the same corporate family, they are legally separate entities.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 15, 2023, Case #: 1:22cv5054, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: civil Procedure, insurance, Contract
J. Gordo finds that the trial court properly entered final judgment for the X-ray analysis company in its dispute with State Farm over coverage of personal injury protection benefits. The trial court did not err by striking a pleading State Farm untimely filed responding to the company's summary judgment motion even though the judge continued a hearing on the motion to allow for more argument. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 22-0739, Categories: civil Procedure, insurance, Contract
J. Dooley grants the trusts' motion to dismiss, ruling that the charitable foundation's claims regarding the theft of insurance policy benefits are barred by res judicata because they should have been brought in the initial action filed in the Southern District of New York. Although the trusts and other defendants in this case are alter egos of the original defendants, their identities were known at the time the New York suit was filed and that court would have had jurisdiction over all the parties; therefore, the charitable foundation failed to state a claim upon which relief can be granted and the case must be dismissed in its entirety.
Court: USDC Connecticut, Judge: Dooley, Filed On: August 2, 2023, Case #: 3:20cv738, NOS: Other Contract - Contract, Categories: civil Procedure, insurance, Contract
J. Evans holds that triable issues of fact should have stopped the trial court from granting an insurer summary judgment on unfair competition allegations brought by the California Medical Association. The Unfair Competition Law limits a membership organization's standing to suits for injuries it suffers, but does not confer standing for injuries suffered by its members. But a membership organization attains standing when it makes expenditures, other than litigation expenses, to respond to unfair competition that threatens its mission. Reversed.
Court: California Supreme Court, Judge: Evans, Filed On: July 17, 2023, Case #: S269212, Categories: civil Procedure, Health Care, insurance
J. Richman finds that a homeowners policy provision requiring policyholders to file any lawsuits within one year of any loss or damage was properly applied to an unfair competition cause of action. Though the complaint seeks injunctive relief and not damages for a breach of contract, the limitation applies because the basis of the unfair competition claim is how the insurer handled the policyholder's claim. The insurer did not waive the limitation when it reopened the claim for review. Affirmed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: July 11, 2023, Case #: A163848, Categories: civil Procedure, insurance, Unfair Competition
J. Bumb allows plaintiff to continue pro se claims contending an insurer should have paid out long term disability benefits because plaintiff plausibly alleged the insurer stalled for about a year by asking for documents already in its possession and failed to conduct an impartial review of her medical file upon using an unqualified physician.
Court: USDC New Jersey, Judge: Bumb, Filed On: July 6, 2023, Case #: 1:22cv6249, NOS: Insurance - Contract, Categories: civil Procedure, insurance
In two conflicting opinion-dissents, separate majorities of the court led by J. Hudson and J. Chutich find that under a Minnesota Rule of Civil Procedure requiring that an "action" be filed within one year of commencement, filing of an "action" means filing of the summons and complaint with the court, but that the homeowner's association's filing of that summons and complaint as an exhibit to an affidavit included with a memorandum in support of its motion for appointment of a neutral umpire was sufficient to meet this requirement.
Court: Minnesota Supreme Court, Judge: Hudson; Chutich, Filed On: June 28, 2023, Case #: A21-0761, Categories: civil Procedure, insurance
J. Alvarez uhpolds the lower court's reinstatement of its summary judgment order, in which it found for an insurer on a driver's extra-contractual claims arising from a car collision. The driver failed to provide evidence to support his claim for attorney fees, and the trial court properly refused to grant him a continuance based, in part, on his lack of due diligence. Affirmed.
Court: Texas Courts of Appeals, Judge: Alvarez, Filed On: June 27, 2023, Case #: 04-22-00055-CV , Categories: civil Procedure, insurance, Attorney Fees
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. Casper allows the insurers' motion for judgment on the pleadings in a collection entity's suit under the Medicare Secondary Payer Act alleging they did not reimburse a Medicare Advantage Organization for medical expenses paid on behalf of insureds. The collection entity lacks standing to proceed with its claims since it did not plausibly allege "injury-in-fact or causation."
Court: USDC Massachusetts, Judge: Casper, Filed On: June 21, 2023, Case #: 1:22cv11271, NOS: Medicare Act - Contract, Categories: civil Procedure, insurance, Medicare
J. Rodriguez finds that the trial court should not have dismissed a bad faith and contract complaint over an insurer's denial of a disability benefits claim as barred by the statute of limitations. The insured's breach claim did not accrue until the insurer stopped paying benefits, not earlier when the insurer informed the insured that it intended to stop paying benefits. Reversed.
Court: California Courts Of Appeal, Judge: Rodriguez, Filed On: June 20, 2023, Case #: A166049, Categories: civil Procedure, insurance, Contract
J. VanMeter finds that third-party claimant’s bad faith action was not premature in claims contending defendants damaged land and deprived heirs of mineral royalties by trespassing on property and drilling natural gas wells because the original suit had been fully adjudicated. Reversed.
Court: Kentucky Supreme Court, Judge: VanMeter, Filed On: June 15, 2023, Case #: 2022-SC-0043-DG, Categories: civil Procedure, insurance
J. Pritzker finds that the lower court improperly dismissed plaintiff's request for declaratory relief on insurer liability for her medical expenses because material facts remained to be developed. Thus, denials should have been granted on the basis that the request had been premature, and the complaint should be reinstated and remitted. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: June 15, 2023, Case #: 535707, Categories: civil Procedure, insurance, Tort