1,037 results for 'nos:"Insurance - Contract"'.
J. McConnell denies the insurer's motion for summary judgment on its action seeking declaratory judgment it has no obligation under the $1.89 million consent judgment awarded to the models who alleged the covered adult entertainment club included images of them in its advertisements without their consent. The models have shown evidence of the insurer's dilatory conduct, ambiguity in its coverage and strategic silence.
Court: USDC Rhode Island, Judge: McConnell, Filed On: March 26, 2024, Case #: 1:21cv63, NOS: Insurance - Contract, Categories: Evidence, Insurance
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. Komitee grants a motion on the pleadings and declares a travel agency and its parent company are not afforded coverage under their professional liability insurance policy for a series of civil actions filed in Canada stemming from a fatal tour bus crash. The court finds coverage is excluded under the policy’s bodily injury exclusion clause.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 26, 2024, Case #: 1:21cv5590, NOS: Insurance - Contract, Categories: Insurance
J. Tuite denies the insured's motion for attorneys' fees in the insurers' action against her seeking a judgment regarding their respective liability, if any, stemming from a crash with an underinsured motorist. This court lacks jurisdiction to enter the requested fee award, having already dismissed the instant case.
Court: USDC Middle District of Florida, Judge: Tuite, Filed On: March 26, 2024, Case #: 8:22cv1750, NOS: Insurance - Contract, Categories: Insurance, Attorney Fees
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J. Pepper partially grants Progressive's motion to exclude expert reports in the insured's class action arguing Progressive improperly calculates the actual cash value of insureds' totaled cars in order to short them on coverage. One of the three experts Progressive challenges is prohibited from testifying about the valuation process or methodology used by a company Progressive relies upon for such work, but Progressive's motion is denied as to two other experts. Progressive's unopposed motion for oral argument regarding class certification and summary judgment is granted, and arguments are scheduled for June 26, 2024.
Court: USDC Eastern District of Wisconsin, Judge: Pepper, Filed On: March 25, 2024, Case #: 2:22cv364, NOS: Insurance - Contract, Categories: Insurance, Experts, Class Action
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. Oetken denies the property owner's motion for summary judgment in a personal injury action brought by an employee who was injured while installing internet service at a property. The property owner was responsible for the condition of the premises, and there is no evidence that the internet service provider caused the falling bricks that led to employee's injury.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: March 25, 2024, Case #: 1:22cv1154, NOS: Insurance - Contract, Categories: Tort
J. Schopler partly grants the homeowners' motion for summary judgment on their claims of failure to defend and indemnification against the insurer for a renovation company that damaged the homeowners' duplex during a remodel. The homeowners sufficiently show that their duplex is in fact a two-unit apartment and damage caused to apartments is covered under the insurance company's policy with the renovation company.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 25, 2024, Case #: 3:22cv1221, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Pratt rules in part for defendant, an insurance company, in breach of contract claims in which another company seeks reimbursement for services provided to physician groups by holding that plaintiff may only continue claims that had been made prior to the date set out in their agreement. Meanwhile, the agreement requires that plaintiff's claims proceed to arbitration.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: March 25, 2024, Case #: 1:22cv1500, NOS: Insurance - Contract, Categories: Arbitration, Civil Procedure, Contract
J. Russo remands to state court the property owner's state law claims to state court alleging that the city defamed him when it arrested him for a crime he did not commit and published his mugshot before dropping all charges. The property owner's state law claims are best suited for resolution in state court given the length and circumstances of his arrest and detainment, and because the property owner brought the claims under state law against the city and its employees.
Court: USDC Oregon, Judge: Russo, Filed On: March 25, 2024, Case #: 3:21cv1838, NOS: Insurance - Contract, Categories: Property, Defamation, Jurisdiction
J. Cain finds for a town and against its insurer, holding the grid baffle waterflow control system in the municipality’s wastewater treatment facility, which was destroyed by winds from back-to-back hurricanes, is covered by its insurance policy. The insurer failed to support its argument the damage was not covered because the baffle system is “mobile equipment” and not a building.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 22, 2024, Case #: 2:22cv2300, NOS: Insurance - Contract, Categories: Evidence, Damages
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. Traum grants the insurer's motion for summary judgment. The driver's personal insurer brings this claim against the insurer of his company seeking equitable indemnity or subrogation for a payment of uninsured motorist coverage benefits. The driver incurred more than $1 million in injuries while driving for a company insured by the accused insurer. The driver's personal insurer seeks to recover the $250,000 it paid under the policy limit. The insurers had a sufficient relationship to permit equitable relief. The driver's insurer's prompt resolution of claims further supports finding the accused insurer should indemnify.
Court: USDC Nevada, Judge: Traum , Filed On: March 22, 2024, Case #: 2:22cv1133, NOS: Insurance - Contract, Categories: Employment, Insurance, Indemnification
J. Hall grants the insurance company’s motion for summary judgment, finding it did not breach a policy in this suit arising from a car accident involving a person whose name was listed beneath a line on the policy that says “Additional information: Named Insured.” This person’s portion of the “Drivers and resident relatives” section does not include a line indicating she is also a named insured.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 22, 2024, Case #: 1:23cv85, NOS: Insurance - Contract, Categories: Insurance
J. Dick denies summary judgment to a Baton Rouge casino hotel, declining to dismiss a Texas gambler’s negligence claims related to a piece of wire she allegedly consumed at the gaming hall. A factual dispute remains concerning where and when the guest ingested the wire, while her limited food intake and the timing of her abdominal pain are enough to present a factual issue as to the casino hotel’s breach of duty.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: March 22, 2024, Case #: 3:22cv304, NOS: Insurance - Contract, Categories: Evidence, Tort, Damages
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. Xinis grants, in part, the insurers motion to dismiss this healthcare insurance coverage dispute brought by two surgery centers. The surgery centers allege the insurers violated MPCA and ERISA by denying close to 600 healthcare benefit claims. The court granted the parties many times to cure pleading deficiencies and the surgery centers never complained during discovery. Therefore, the surgery centers cannot cure the deficiencies moving forward to the dismissed claims before this amended complaint but may seek leave to amend the alternative equitable theory of relief by the assignees.
Court: USDC Maryland, Judge: Xinis, Filed On: March 21, 2024, Case #: 8:21cv2680, NOS: Insurance - Contract, Categories: Health Care, Insurance
J. Litkovvitz grants in part and denies in part motions by claimants disputing the proper beneficiary of a decedent’s life insurance policy and Roth IRA in an interpleader case undertaken by the insurance company that issued the policy. The decedent removed her husband as beneficiary of the policy, replacing his name with her sister’s during a divorce in progress at the time of the decedent’s death. The judge ruled that a temporary restraining order covering the couple’s assets during the divorce proceeding invalidated the beneficiary change. However, the judge does not find that the sister’s claim to the IRA amounts to conversion, as argued by the decedent’s husband, because decedent’s sister did not fully control the funds.
Court: USDC Southern District of Ohio, Judge: Litkovvitz, Filed On: March 21, 2024, Case #: 1:22cv435, NOS: Insurance - Contract, Categories: Family Law, Insurance, Wills / Probate
J. Zainey denies a request by an insurer to strike a jury demand by the owner of a fire-damaged vessel who originally sued the insurer in state court for bad faith insurance practices. The insurer has no right under federal law to a bench trial and the court is persuaded it would commit reversible error by denying the vessel owner its Seventh Amendment right to a jury trial. Once the insurer removed the vessel owner’s suit to federal court, its dissatisfied client was entitled to a jury under the Seventh Amendment.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: March 20, 2024, Case #: 2:23cv2796, NOS: Insurance - Contract, Categories: Jury, Choice Of Law, Business Practices
J. Brimmer grants the insurer summary judgment on the homeowner's complaint alleging the foundation of his home was damaged by a water leak and he was due insurance coverage. Engineering reports concluded that the damage to the insured's house was caused by movement of the earth, which was excluded from coverage under the terms of his policy.
Court: USDC Colorado, Judge: Brimmer, Filed On: March 20, 2024, Case #: 1:22cv2906, NOS: Insurance - Contract, Categories: Insurance
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