169 results for 'cat:"Civil Procedure" AND cat:"Insurance"'.
J. Fashing denies a motion by an insurance company to bifurcate and stay claims after it was sued by an consumer for alleged underpayment of benefits and other claims following a car accident. The insurance company argued bifurcation and stay was appropriate because it argued a finding for the consumer that the company underpaid benefits should be a required “condition” for bringing a bad faith claim, but the consumer’s extra-contractual claims were not entirely predicated on this alleged underpayment, and because the consumer plans to bring the same evidence and witnesses for multiple claims, bifurcation and stay — rather than simplifying this case — “would waste time and judicial resources and would require duplication of effort.”
Court: USDC New Mexico, Judge: Fashing, Filed On: June 13, 2023, Case #: 1:22cv756, NOS: Insurance - Contract, Categories: civil Procedure, Fraud, insurance
J. Stevens finds that the lower court, in part, improperly entered judgment in favor of a health center that sought reimbursement from an insurance company for an insured patient’s unpaid bills. The lower court must reexamine the center’s claim that the insurer incorrectly repriced certain invoices of the patient’s. Vacated in part.
Court: Pennsylvania Superior Court, Judge: Stevens, Filed On: June 8, 2023, Case #: J-A23032-22, Categories: civil Procedure, insurance, Contract
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J. Smith finds the trial court properly ruled in favor of an insurance company, granting its motion for no-evidence summary judgment in a workplace injury suit brought by a worker. Because the worker fails to raise a fact issue concerning the trial court’s ruling, it can be concluded that the court did not err. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 2, 2023, Case #: 03-21-00418-CV, Categories: civil Procedure, Evidence, insurance
J. Schroeder finds for an insurer accused of failing to provide indemnification in underlying civil rights claims involving a police assault because the policy contained an exclusion for assault and battery claims, and a prior judgment premised on negligence counts does not apply. Meanwhile, the insurer timely disclaimed coverage.
Court: USDC Western District of New York, Judge: Schroeder , Filed On: June 1, 2023, Case #: 1:19cv297, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Indemnification
J. Molberg finds that the lower court improperly granted the insurance company's dismissal motion in this breach of contract lawsuit. The company moved for dismissal under Texas Rule of Civil Procedure 91a. However, the pleadings do not show that the claims "lack a basis in law." Additionally, the court notes that the rule is "not a substitute for summary judgment practice." Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: May 31, 2023, Case #: 05-21-00092-CV, Categories: civil Procedure, insurance, Contract
J. Mazzant grants partial summary judgment that the decedent's ex-wife is the primary beneficiary of his life insurance policy instead of his father, who also claims entitlement to the proceeds. The evidence shows that the policy was the decedent's separate property, and his designation of the ex-wife as the primary beneficiary is still effective.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: May 31, 2023, Case #: 4:22cv340, NOS: Insurance - Contract, Categories: civil Procedure, Family Law, insurance
J, Wozniak finds that the trial court improperly ruled in favor of the insurer in a dispute over personal injury protection benefits that were assigned to the medical provider. Summary judgment was incorrectly entered on the insurer's "unpled affirmative defense." Reversed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: May 26, 2023, Case #: 6D23-482, Categories: civil Procedure, insurance
J. Hood finds that an insurer was properly denied summary judgment after a driver was injured in a car collision and her physical therapy provider was awarded no-fault benefits, costs, and attorney fees. The no-fault act did not require the provider to administratively appeal the insurer's utilization review through procedures in MCL 500.3157a and Michigan Administrative Code R 500.65. Affirmed.
Court: Michigan Court of Appeals, Judge: Hood, Filed On: May 25, 2023, Case #: 362094, Categories: civil Procedure, insurance