1,944 results for 'cat:"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
J. Rovner finds that the lower court properly found for the insured in a business insurance coverage dispute related to an Illinois Biometric Information Privacy Act lawsuit against the insured. The language of a catch-all exclusion in the policy is ambiguous on its face, and therefore must be resolved in favor of the insured. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: June 15, 2023, Case #: 22-2313, Categories: insurance, Contract, Technology
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J. Burkhardt partly grants an insured's request for production of documents concerning a dispute with an insurer over several disability income insurance policies. The insured sufficiently shows that the insurer is obligated to produce information regarding the amount it paid to an independent medical examinations company, which may have conducted a biased probe into his insurance claims for injuries he suffered from accidents beginning in 1982.
Court: USDC Southern District of California, Judge: Burkhardt, Filed On: June 15, 2023, Case #: 3:22cv767, NOS: Insurance - Contract, Categories: insurance, Discovery
J. Christel dismisses with prejudice the insured's extracontractual IFCA, CPA and bad faith claims alleging that the insurance company unreasonably refused to compensate the insured for damages he sustained in a motor vehicle accident. The insurance company conducted an investigation of the insured's claim and had a factual basis for its evaluation, which is that the insured did not provide the insurance company with evidence, such as his doctor's April 2020 opinion regarding his back injury, until after he sent a demand letter for litigation.
Court: USDC Western District of Washington, Judge: Christel, Filed On: June 14, 2023, Case #: 2:21cv1524, NOS: Insurance - Contract, Categories: Evidence, insurance, Contract
J. Rubin grants a fire protection equipment and services firm’s motion for summary judgment against Nationwide’s negligence and breach of warranties claims when the sprinkler system in a local community center froze and caused water damage. According to the agreement, the actions of the firm are covered and therefore, Nationwide cannot recover $294,000 in damages from the firm.
Court: USDC Maryland, Judge: Rubin, Filed On: June 14, 2023, Case #: 1:20cv684, NOS: All Other Real Property - Real Property, Categories: insurance, Damages, Contract
J. Hallman awards the insureds $142,600 in attorney fees for their lawsuit alleging that the insurance company was obligated to pay the insureds $275,000 in structural benefits, $220,000 in personal property benefits and $50,000 in temporary living benefits after a fire damaged their homes. Although seven hours of an attorney's travel are omitted because his full rate of traveling a good portion of the state would be excessive, there is no evidence to suggest that the hours were otherwise duplicated or excessive. The attorneys' hourly rates are fair because they are in between the mean and 95th percentile for counsel of their qualifications.
Court: USDC Oregon, Judge: Hallman, Filed On: June 14, 2023, Case #: 2:22cv119, NOS: Insurance - Contract, Categories: insurance, Property, Attorney Fees
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. Coughenour finds in favor of the insurance company for the beneficiaries' claim that the company wrongfully denied their claim for the daughter's stay at a residential mental health treatment provider, as the insurance company claims that another residential treatment stay was not medically necessary under the parent's self-funded Employee Benefits Plan. The insurance company engaged in a meaningful dialogue with the parent when discussing the denial of benefits, and the daughter did not meet the plan's InterQual criteria because it requires that a provider perform weekly psychiatric evaluations, but the provider only performed one evaluation on the daughter during her year-long stay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: June 12, 2023, Case #: 2:21cv1611, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, Contract
J. Shepherd finds a lower court properly dismissed a beneficiary's contract claims against an insurance company. The beneficiary argued that the insurance company is obligated to pay death benefits. However, the insurance company presented sufficient evidence in court that the policy was cancelled for non- payment of premiums before her husband, now deceased, suffered a deadly heart attack. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 12, 2023, Case #: 22-1114, Categories: insurance, Contract
J. Morrison grants the radiologist's motion for judgment on the administrative record, ruling the insurer's termination of disability benefits was arbitrary and capricious because medical opinions from two doctors expressed serious doubts as to whether he could return to work and adequately perform his job. Although there was improvement in the radiologist's vision after several surgeries and he expressed he was satisfied with his vision, this opinion is not conclusive evidence his vision had improved to the point where he would be able to interpret medical images and accurately diagnose diseases for his patients; therefore, his total disability benefits will be reinstated.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: June 12, 2023, Case #: 2:22cv112, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, Evidence, insurance
J. Curiel grants an insurance company's motion for summary judgment on its claims that a policy issued to a payroll company does not cover costs of a lawsuit for assault and battery brought by a former employee. The insurance company sufficiently shows that the payroll company requested via email to cut out a significant amount of coverage.
Court: USDC Southern District of California, Judge: Curiel, Filed On: June 12, 2023, Case #: 3:22cv1322, NOS: Insurance - Contract, Categories: insurance
J. Vance grants summary judgment to an insurance company, ruling against the owner of an office building destroyed by fire on the policyholder’s denial-of-coverage complaint. To the extent the insured argues that its policy required the building owner “only to attempt to maintain a centrally monitored, automatic fire alarm,” that argument is foreclosed by Fifth Circuit precedent governing a similar insurance policy provision that required the insured to maintain a fire suppression system “in complete working order” throughout the term of the insurance policy.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: June 12, 2023, Case #: 2:23cv736, NOS: Insurance - Contract, Categories: insurance, Damages, Discovery
J. Stargel finds that the trial court improperly denied an insurer's motion to compel appraisal in a dispute with an auto glass company involving payment for an insured's windshield repairs. It is unreasonable to interpret the "amount of loss" as being limited to the extent of physical damage. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: June 9, 2023, Case #: 6D23-1192, Categories: insurance, Contract
J. Steele grants an insured's motion to dismiss an insurance company's action seeking declaratory relief concerning what, if any, coverage it owes for fire damage to a manufactured home. The district court need not exercise jurisdiction over the case due, in part, to the fact the insured has filed a related complaint in state court and prosecuting this case "would increase friction between state and federal courts."
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: June 8, 2023, Case #: 2:23cv73, NOS: Insurance - Contract, Categories: insurance, Jurisdiction