1,037 results for 'nos:"Insurance - Contract"'.
J. Hall denies the insurer's motions for summary judgment in a declaratory judgment action claiming that it has no duty to defend or indemnify the insured in an underlying lawsuit arising from defects in a mobile home assembled by the insured. The insurer failed to show that the home was defective before the insured assembled it or that the damage to the home was not property damage under the policy. The insurer also failed to show that business risk exclusions in the policy apply to the underlying claims against the insured. A question of fact exists as to whether the insured had complete dominion over the home and it is not clear that the damages claimed were to the part of the home the insured assembled.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: March 19, 2024, Case #: 6:22cv43, NOS: Insurance - Contract, Categories: Insurance
J. Thrash grants the insurer's motion for default judgment against the insurance company in a declaratory judgment action and grants the parties' joint motion to enforce a settlement in the underlying action arising out of a car collision. The parties entered into an unambiguous agreement to settle when they agreed to a total settlement amount and confirmed who would pay what portion of the settlement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 18, 2024, Case #: 1:23cv2461, NOS: Insurance - Contract, Categories: Insurance, Settlements
J. Kugler dismisses most of the claims in a complaint alleging that the insurer wrongfully failed to pay disability benefits. There is no evidence the insurer acted in bad faith, and any losses that resulted from the denial of the claim are best evaluated in the breach of contract claim.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 18, 2024, Case #: 1:23cv2493, NOS: Insurance - Contract, Categories: Insurance, Contract
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J. Estudillo dismisses Highmark Homes' complaint that the insurance companies must cover the former for construction defects. The Condominium, Apartment, Townhouse or Tract Housing Coverage Limitation Endorsement exclusion of the policy applies, because it precludes coverage if an insured constructed 25 or more homes in a development, which Highmark did in the Vintage Hills development.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 18, 2024, Case #: 3:21cv5280, NOS: Insurance - Contract, Categories: Insurance, Property, Contract
J. Battaglia rules a property association may pursue contract claims against State Farm Insurance. The property association sufficiently alleges that its claim loss falls within the parties' endorsement in a residential community association policy after it was swindled by a third party with a fake email account who convinced the association's treasurer to wire it money. The treasurer's error counts as a "wrongful act," which is covered by the policy's endorsement.
Court: USDC Southern District of California, Judge: Battaglia, Filed On: March 18, 2024, Case #: 3:23cv195, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Bumb rules in favor of the insurer, which allegedly denied excess property damage claims after the policyholder's living room floor separated from a wall. The damage was found to have been caused by termites and standing water and the policy specifically excludes coverage for loss involving collapse caused by water.
Court: USDC New Jersey, Judge: Bumb , Filed On: March 18, 2024, Case #: 1:22cv2151, NOS: Insurance - Contract, Categories: Insurance
J. Reidinger grants default judgment in favor of an insurance underwriting company after a client defrauded Medicare, violating a policy the company financed. The client, a clinical laboratory firm, knowingly submitted false claims to Medicare. Therefore, the policy between the company and firm is null and the company is free from indemnifying the firm.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: March 18, 2024, Case #: 1:20cv41, NOS: Insurance - Contract, Categories: Fraud, Health Care, Insurance
J. Clarke grants the plaintiff insurer's request for a declaration that the defendant insurer is obligated to indemnify their mutual insureds in an underlying construction injury suit. The property owner and lessee named in the underlying case qualify as additional insureds under defendant's policy, and the wrap-up exclusion does not bar coverage.
Court: USDC Southern District of New York, Judge: Clarke, Filed On: March 15, 2024, Case #: 1:22cv364, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Proctor grants an insurance company’s renewed motion for summary judgment in this general liability insurance dispute with a properties company and its owner. The insured failed to show that the insurer is duty bound for indemnification and failed to provide a reasonable excuse for delay notice. Therefore, the insurer is not obligated to defend or indemnify the insured with respect to underlying claims and arbitration.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: March 15, 2024, Case #: 2:22cv738, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Alonso partially grants motions from and Chicago and several Chicago police for summary judgment on extensive police misconduct claims brought by a man who spent almost a decade in jail for bogus drug dealing charges. The man claims the police falsely arrested him, fabricated evidence against him, suppressed evidence and conspired to ensure he went to jail, and holds Chicago responsible for fostering a toxic police culture that allowed the individual defendants to get away with their misdeeds. The court, however, dismisses the man’s false arrest, concealment of evidence, conspiracy, failure to intervene and respondeat superior claims for various reasons, ranging from claims being time-barred to lack of evidence. The man’s claim for fabrication of evidence is also dismissed as to one member of the police force, but stands for the rest of them. His indemnification claim against Chicago also stands.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: March 15, 2024, Case #: 1:20cv5886, NOS: Insurance - Contract, Categories: Malicious Prosecution, Indemnification, Police Misconduct
J. Marbley denies, in part, the farm owner's motion to dismiss certain affirmative defenses, ruling the insurer's contributory negligence defenses do not relate to fraud on the part of the owner and, therefore, do not require a heightened level or particularity at this stage of proceedings.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 15, 2024, Case #: 2:22cv4458, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Morrison grants the policyholder's motion for summary judgment on the interpretation of the deductible provision in its policy with the insurance companies, ruling ambiguous language requires the use of extrinsic evidence and testimony from an individual heavily involved in procuring the policies supports the policyholder's interpretation. Specifically, even though only a single manufacturing facility was damaged by the fire, the business losses of the company must be calculated using losses from all of the facilities, which are interconnected.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 14, 2024, Case #: 2:22cv2019, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Manasco grants summary judgment in favor of the bank, an investment firm and insurance company in this dispute brought by an estate and its administrator. The administrator alleges that he has not received the settlement agreement compensation, nor did he sign the agreement. The bank, investment firm and insurer provided evidence that the agreement in enforceable and they complied with the terms. The administrator failed to provide any evidence that would be contrary. This case is ordered to be closed and all of the estate and its administrator’s motions be denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 14, 2024, Case #: 2:23cv173, NOS: Insurance - Contract, Categories: Insurance, Settlements, Banking / Lending
J. Chen preserves breach of contract claims against an insurance provider which seek to hold it liable for a $2.2 million judgment entered against its insured, a general contractor, for an underlying personal injury lawsuit. While the contractor is a named insured under the policy, the court is unable to make a determination on whether or not the contractor fulfilled certain conditions to establish its rights to coverage and whether or not the insurer’s letter disclaiming coverage was legally sufficient.
Court: USDC Eastern District of New York, Judge: Chen, Filed On: March 14, 2024, Case #: 2:23cv238, NOS: Insurance - Contract, Categories: Insurance
J. Casper partially denies motions to dismiss brought forth by insurance companies against a representative of an estate suing them after her husband, the decedent, was killed due to injuries from a workplace accident and the insurance companies denied the representative’s request for coverage at their full policy limits. The statute of limitations isn’t based on when it became clear to the representative that the insurance companies were liable, but rather upon the insurance companies’ failure to respond to the representative’s settlement demands.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 13, 2024, Case #: 1:23cv11594, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Premises Liability
J. Biggs grants in part one insurance firm’s motion for summary judgment in a suit where a second insurer sued the first for the partial cost of a fire claim in some underlying suits. Four apartment residents died of smoke inhalation after calling a county emergency communications center and receiving the advice not to open any windows, but to “hunker down” until emergency services arrived. The victims’ families’ sued the communications center and staff for $9 million total, but the first firm refused to contribute to the settlement. Its policy on excess coverage allows it to escape having to contribute more than $1 million on the claim.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:22cv404, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
J. Burroughs grants an insurance company’s motion for judgment on its insured’s breach of contract claim and denies its motion for judgment on its insured’s bad faith claim. The insured failed to demonstrate how the insurance company failed to follow any of its insurance policies by delaying its decision of whether or not to defend the insured while it investigated the related incident and the legal action against the insured.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11150, NOS: Insurance - Contract, Categories: Insurance, Wrongful Death, Contract
J. Burroughs grants an insurance company’s motion for a declaratory judgment exempting it from any obligation to defend a boat owner who approached another boat that struck a navigational aid and caused its passengers to enter the water, including one passenger who drowned, and who left the scene without providing assistance. The boat owner who left the scene failed to sit for an examination under oath.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11401, NOS: Insurance - Contract, Categories: Insurance, Maritime, Wrongful Death
J. Shea denies, in part, the insurer's motion to dismiss, ruling that although the Covid-19 testing provider has not supplied evidence of the insurer's denial of other companies, its proof of hundreds of denied claims for reimbursement of its own testing services is sufficient to establish a plausible claim for an unjust business practice under the Connecticut Unfair Trade Practices Act.
Court: USDC Connecticut, Judge: Shea, Filed On: March 12, 2024, Case #: 3:22cv83, NOS: Insurance - Contract, Categories: Health Care, Insurance, Covid-19
J. Sippel finds for the insurer in a dispute over damages incurred in connection with the failure of a retaining wall on the construction site of a new apartment building. The owner is not entitled to alleged loss of rental income, because this provision applies solely to the named insured, which is only the construction company, not to additional named insured.
Court: USDC Eastern District of Missouri, Judge: Sippel, Filed On: March 11, 2024, Case #: 4:22cv849, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Chestney grants an insurance company’s motion to exclude expert testimony in an insurance dispute with policyholders over damages from Winter Storm Uri while also denying a separate motion to exclude by those policyholders. While the policyholders have attempted to designate as experts adjusters and contractors who reviewed alleged damage to their home, they have not shown these individuals are relying on sufficient facts or data to provide reliable court testimony. Conversely, the insurance company has shown that its plumbing expert is reliable, and that person should be allowed to testify.
Court: USDC Western District of Texas , Judge: Chestney, Filed On: March 11, 2024, Case #: 5:22cv1110, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Experts