1,959 results for 'cat:"Insurance"'.
J. Savoie finds that the lower court properly dismissed the driver's complaint alleging that the insurance company must cover the driver's and passenger's claims for injuries sustained in an accident with the insurance company's client. The driver argues that the insurance company's client should have had a warning sign attached to its truck, which would have helped the driver avoid the collision, but there is no authority under Louisiana law that requires the client to add an additional warning sign. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: April 11, 2024, Case #: CA-23-358, Categories: insurance, Vehicle
J. Godbey finds that a property owner that submitted an insurance claim for damages after discovering that an easement for a gas line on a recently purchased property may continue litigation on the claim that the insurance company breached a contract by not fully compensating plaintiff for damages related to the adverse interest in the property. The insurance company failed to adequately show that it met all contract obligations to the property owner. Summary judgment is granted to the insurance company on three other claims by the property owner, but breach of contract survives.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 11, 2024, Case #: 3:21cv2837, NOS: Insurance - Contract, Categories: insurance, Real Estate, Contract
J. Lobree finds the trial court improperly granted final judgment in favor of the guardian of a minor child who was in a car accident caused by the insurance company's insured. The trial court was wrong to find that the insured's cancellation of his commercial liability policy in light of him obtaining a different commercial policy was not effective on the day of the accident because the company said it did not receive it until the day after the accident, in part because the record shows the insured electronically signed and mailed the cancellation notice five days before the accident. The case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Lobree, Filed On: April 10, 2024, Case #: 23-0370, Categories: insurance, Contract
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Per curiam, the appeals court finds the trial court made an error granting summary judgment to the medical doctor in a dispute with his insurance company over unpaid personal injury protection benefits and the improper cancellation of his policy. The trial court granted summary judgment on a claim that was not properly pleaded, as the doctor's amended complaint sought declaratory judgment on a claim over the cancellation of his policy, not the improperly pleaded but related summary judgment claim he brought later. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 10, 2024, Case #: 22-1529, Categories: insurance, Contract
J. Levine finds that the trial court improperly ruled for an insurer in claims seeking coverage for property damage because genuine issues remain in dispute regarding the insured's refusal to participate in the examination under oath. Reversed.
Court: Florida Courts Of Appeal, Judge: Levine, Filed On: April 10, 2024, Case #: 4D2022-0378, Categories: insurance, Contract
J. Kelly dismisses the insurer's interlocutory appeal of the lower court's partial denial of its motion to dismiss a consumer fraud class action. The consumers claim the insurer engaged in unfair business practices by reducing the actual cash value of totaled cars by a "typical negotiation" deduction, which is not defined in the policy. However, the court lacks jurisdiction to hear this appeal because the lower court's decision rests on its interpretation of state law, not on the Federal Arbitration Act.
Court: 8th Circuit, Judge: Kelly, Filed On: April 10, 2024, Case #: 23-1516, Categories: Fraud, insurance, Class Action
J. Alston grants the physical therapist motion for summary judgment in this ERISA action. The physical therapist stopped working due to symptoms of arthralgia, back pain, neck pain from cervical herniated discs, fibromyalgia, chronic fatigue, Epstein Barre virus, IBS, and migraines. After several years of long-term disability, primarily for cognitive issues, the insurance company denied her 2022 request on the grounds that she had published books and began a blog during her time away from work. The therapist's doctor continued to vouch for her, saying she would be unable to do her job. The insurer wrongfully ignored that evidence and relied solely on outlier opinions to determine its denial.
Court: USDC Eastern District of Virginia, Judge: Alston, Filed On: April 10, 2024, Case #: 1:23cv1, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, Labor
J. Langholz finds that an insurer was improperly granted summary judgment in claims seeking coverage for damage sustained to plaintiff's home due to a derecho because plaintiff's claims are ripe for litigation since he was an intended third-party beneficiary under the insurance contract. Reversed.
Court: Iowa Court Of Appeals, Judge: Langholz, Filed On: April 10, 2024, Case #: 23-0157, Categories: insurance
J. Lemelle denies a request by an insurer to dismiss two homeowners’ breach of contract and bad faith claims related to their insurer’s alleged failure to compensate them for hurricane-related property damage. The insurer mistakenly contends the property owners’ insurance suit is time-barred for failure to provide notice of their claim within 365 days of the event. State law prohibits insurance policies from limiting its insured's right to sue to a period of less than two years.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: April 9, 2024, Case #: 2:23cv5396, NOS: Insurance - Contract, Categories: insurance, Damages
J. Aenlle-Rocha grants an insured's motion to overturn the insurer's denial of benefits for his son's treatment at a residential care facility. The treatment was denied as "not medically necessary" despite the insured's appeal with neuropsychological assessments, five letters of medical necessity from treatment providers, and thousands of pages of medical records and treatment notes. The insured "has satisfied his burden of proving medical necessity as to the treatment at issue with credible, persuasive evidence." The insurer denied the claim without sufficient explanation and "disregarded relevant medical evidence and did not afford [the insured] a full and fair review of his claims."
Court: USDC Central District of California, Judge: Aenlle-Rocha, Filed On: April 9, 2024, Case #: 2:23cv6413, NOS: Other Contract - Contract, Categories: Erisa, insurance, Contract
J. Pulliam mostly grants an insurer’s motion for summary judgment in a dispute with policyholders over payout for roof damage, which the insurer contends was largely uncovered wear-and-tear. While the policyholders have not shown bad faith, and the insurer is therefore entitled to summary judgement on most of their claims, the insurer has conversely presented “no specific argument” for dismissing the remainder of the case, including for alleged violations of the Texas Prompt Payment Act.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 9, 2024, Case #: 5:23cv411, NOS: Insurance - Contract, Categories: insurance, Contract
J. Rakoff denies summary judgment to both parties in this insurance coverage dispute. Water pipes burst in two units of two contiguous commercial properties during a winter storm, and the insured filed a claim for resulting water damage. The insurer denied the claim citing an exclusion to the insurance contract that stipulates the insured must make “best efforts to maintain heat.” The insured argues every effort was made to maintain heat in the buildings, but the insurer claims one unit used no gas for a three month period implying heat was not maintained. Both parties argue the ambiguity of the contract language, which the instant court finds should be sorted out at trial. Because no overwhelming evidence was presented in favor of either party, summary judgment is denied.
Court: USDC Southern District of New York, Judge: Rakoff, Filed On: April 8, 2024, Case #: 23cv6437, NOS: Insurance - Contract, Categories: insurance, Contract
J. Lioi grants, in part, State Farm's motion for judgment on the pleadings, ruling any cause of action limited by the one-year filing limitation in the homeowners' insurance policy must be dismissed for the homeowners' failure to file suit within one year of the storm that caused water intrusion and property damage, as State Farm did not waive the limitation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: April 8, 2024, Case #: 5:23cv1124, NOS: Insurance - Contract, Categories: Civil Procedure, insurance, Contract
J. Engelmayer appoints a neutral arbitrator per the dispute resolution terms of the parties’ commercial insurance contract. A Texas school district filed claims under its commercial insurance policy after school district property incurred damage during a hurricane. A dispute resulted regarding the extent of the school district’s coverage and the matter was submitted to arbitration. They were unable to agree on a single arbitrator, and after each appointing an arbitrator, the arbitrators were unable to agree on an umpire, therefore the matter was submitted to the instant court for selection of a qualified neutral arbitrator to oversee the matter. Having done so the case is ordered closed.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 8, 2024, Case #: 23cv8957, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, insurance
J. Lohier finds that the district court properly dismissed a trust's request for relief in the form of a declaration that a life insurance policy remained in effect after assignment and purported reassignment for lack of contractual standing to sue under New York law because the trust failed to notify the insurer that the policy had been reassigned to the trust by the policyholder. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: April 5, 2024, Case #: 19-87-cv, Categories: Civil Procedure, insurance, Contract
J. Armstrong finds the lower court properly granted summary judgment to an automobile insurer in this breach of contract matter. An insured person was involved in a vehicle accident, filed a claim, and a settlement was reached. Seeking additional payout, the insured requested his case be reopened. Because the insured refused to sign a HIPPA release to allow review of his medical records, the insurance company explained he would need to be examined under oath to obtain the information needed to move forward with his claim. The insurer refused and demanded payment from the original settlement agreement, but was told there was no longer an active agreement. The insured did not show for the examinations under oath, and the insurer denied his claim for failure to cooperate and breach of the insurance policy. The lower court agreed and found in favor of the insurance company. Affirmed.
Court: Tennessee Court of Appeals, Judge: Armstrong, Filed On: April 5, 2024, Case #: W2023-00703-COA-R3-CV, Categories: insurance, Contract
J. Elgo finds the trial court improperly denied a motor’s motion for summary judgement in this underinsured motorist dispute regarding herself and two minor children. The mother alleges negligence and recklessness claims against a driver, the vehicle’s owner and the insurer. The tortfeasor’s liability coverage is identical to, not less than, the mother’s underinsured motorist coverage. This case is to be remanded for judgement in favor of the driver, owner and insurer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 5, 2024, Case #: AC45627, Categories: insurance, Settlements, Vehicle
J. Sutton finds the district court properly granted summary judgment to the insurer in this dispute over denied coverage for losses an aluminum company suffered due to aluminum shortages caused by transportation issues and delays. The insurer alleges the policy did not cover the transportation expenses and that the delay’s did not result from arrest, detainment or restraint. The aluminum company did in fact suffer the transportation issues, but the parties only focused on the threshold question of whether the aluminum firm experienced that risk. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: April 4, 2024, Case #: 23-5543, Categories: insurance, Maritime
J. Russell denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract lawsuit involving damage to a boat dock. The court finds that the expert is "qualified and his methodology is reliable." However, the court will partially grant the company's motions in limine. Specifically, the expert cannot define the company's "duty of good faith and fair dealing" or provide an opinion "on the ultimate conclusions" as to whether the company acted in bad faith.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: April 4, 2024, Case #: 4:18cv504, NOS: Insurance - Contract, Categories: insurance, Experts, Contract
J. Sullivan finds that the district court improperly found for a logistics company in an insurer's subrogation claims concerning damage sustained to cargo while being unloaded from a truck at an airport. The claims would be barred as untimely under the Montreal Convention's statute of limitations for contracting carriers, but questions remain unresolved as to whether the logistics firm qualified as such in its role in arranging transport through third parties.
Court: 2nd Circuit, Judge: Sullivan, Filed On: April 4, 2024, Case #: 21-2132, Categories: Civil Procedure, insurance, Transportation