1,944 results for 'cat:"Insurance"'.
Per curiam, the appellate division finds that the lower court properly ruled against the insurer in a suit stemming from its refusal to cover losses resulting from an E. Coli outbreak in the insured's Romaine lettuce. Nothing in the policy required that governmental authorities specifically identify the insured's product as the contaminated product in order for coverage to be triggered. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 30, 2023, Case #: 02846, Categories: insurance, Contract
[Consolidated]. J. Nugee finds a lower court improperly dismissed two employees' applications for collect universal credit. The work and pensions authority argued that both employees do not meet the basic conditions for relief based on their lack of National Insurance Number. However, the employees sufficiently showed in court that they may be entitled to advanced payments while waiting for their applications to process. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: May 30, 2023, Case #: CA-2022-2123, Categories: Employment, insurance
[Consolidated.] J. Stargel finds that the trial court improperly denied the insurance parties' dismissal motions in a dispute over coverage for claims for emergency medical services provided to foreign patients. There was insufficient evidence showing the court had personal jurisdiction over the insurance parties. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: May 26, 2023, Case #: 6D23-301, Categories: Health Care, insurance, Jurisdiction
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J. Navarro denies the insurance provider’s motion for summary judgment in this suit arising from a $600,000 bond it issued for the construction of a barbeque restaurant after a substantial amount of the work had been completed without payment. The insurance provider provides no evidence supporting its claim that the restaurateurs knowingly retained subcontractors that placed bids exceeding their license limits, or that they colluded with subcontractors to submit invoices exceeding the amount spent.
Court: USDC Nevada, Judge: Navarro, Filed On: May 26, 2023, Case #: 2:20cv723, NOS: Other Contract - Contract, Categories: Construction, insurance
Per curiam, the Florida Sixth District Court of Appeals finds that the trial court improperly ruled in favor of the insurance company in a property damage claim dispute. Based on the language of the policy, the company is required to pay the "actual cash value" of the damage, and the company had the burden to prove the amount of depreciation. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 26, 2023, Case #: 6D23-118, Categories: insurance, Property, Contract
J. Boulware Eurie finds that the trial court properly converted a criminal restitution order into a $1 million civil judgment against insurance fraudsters who falsely claimed they lost an original Van Gogh painting in a house fire. Statute authorizes trial courts to deem restitution orders money judgments, as crime victims may seek civil remedies for economic losses from criminal activity. Affirmed.
Court: California Courts Of Appeal, Judge: Boulware Eurie, Filed On: May 26, 2023, Case #: C095606, Categories: Fraud, insurance
J. Tunheim denies the insurer's motion in its declaratory-judgment case against its insured to amend his partial summary judgment order to certify it for an interlocutory appeal. There is not substantial ground for a difference of opinion on how many deductibles the insured is responsible for, and the insurer has not shown that an appeal would materially advance the termination of litigation.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 26, 2023, Case #: 0:21cv2093, NOS: Insurance - Contract, Categories: insurance, Contract
J. Kindred denies in part an insurance company's motion for summary judgment regarding an insurance dispute for failure to defend or indemnify involving an underlying suit in which seven patients brought claims against a chiropractor for sexual assault and malpractice. The insurer is not liable for any portion of the settlement stemming from the sexual assault claims, as acts of sexual misconduct did not fall within the policy's definition of "professional services." However, a dispute exists as to whether the malpractice claims stemming from pain or bruising during treatment are covered under the policy.
Court: USDC Alaska, Judge: Kindred, Filed On: May 26, 2023, Case #: 3:17cv193, NOS: Insurance - Contract, Categories: 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. Brown finds that the trial court properly found in favor of the insurer in a negligence action brought by the truck driver arising from a collision with a van driver. The parent company of the van driver's employer does not fall under the definition of "motor carrier" under the Motor Carrier Act. There is no genuine issue of fact as to whether the van was a public conveyance. Affirmed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: May 26, 2023, Case #: A23A0609, Categories: insurance, Negligence
J. Zilly finds in favor of the insurance company on claims from the apparel company and its managing member alleging that the insurance company did not honor its commercial liability policy by not defending or indemnifying the apparel company in an underlying lawsuit. The insurance company has no duty to defend or indemnify the apparel company because the underlying lawsuit does not allege an advertising injury as defined in the policy. The apparel company's use of the opposing parties' logos and art as part of the former's "nostalgia branded apparel" did not cause the injury, but rather the apparel company caused the opposing parties' damages when it did not pay the specified percentages of its sales.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: May 25, 2023, Case #: 2:22cv417, NOS: Insurance - Contract, Categories: insurance, Indemnification, Contract
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
J. Wise finds that the trial court improperly granted summary judgment to the insurance agent parties on allegations they failed to timely submit insurance claims, causing a family $2 million in damages. The evidence raises a fact issue as to whether the agent had a duty to submit the claims. Reversed.
Court: Texas Courts of Appeals, Judge: Wise, Filed On: May 25, 2023, Case #: 14-21-00708-CV, Categories: insurance, Negligence, Contract
J. Newsom finds that the district court improperly found in favor of the insurer in an action brought by the hospitals seeking damages for out-of-network emergency treatment they provided to the insurer's customers. The hospitals allege that the insurer reimbursed them for only 15% of what they had charged. A genuine issue of fact exists as to what the typical provider charges for services in the community where the hospitals' services were rendered to the insureds. Vacated.
Court: 11th Circuit, Judge: Newsom, Filed On: May 25, 2023, Case #: 22-10514, Categories: Health Care, insurance
J. Fish denies, in part, an employer and insurer's motions to dismiss a father's claims for insurance coverage for his son, who has behavioral and mental health issues. He has sufficiently pleaded his claim for coverage pertaining to a facility that specializes in treating minors with mental health issues.
Court: USDC Northern District of Texas , Judge: Fish, Filed On: May 24, 2023, Case #: 3:22cv1919, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Employment, insurance
Per curiam, the appeals court finds for the therapy center in its lawsuit with State Farm over coverage for treatment of one of State Farm's insureds. The trial court did not abuse its discretion by denying State Farm's motion to amend its answer with nine new affirmative defenses seven years after the original complaint was filed, in part because of the already lengthy litigation and discovery and potential prejudices to the therapy center. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 24, 2023, Case #: 21-1758, Categories: insurance, Contract
J. Bokor finds in favor of the insurance company in the property manager's lawsuit over delayed coverage for damages its condo complex suffered from Hurricane Irma in 2017. The re-hearing the property manager requests so it can pursue more pre-judgment interest in addition to the summary judgment motion it was granted affirming an appraisal award, as well as attorney fees and other costs it has already won, must be denied, as the terms of its policy do not support the idea that the insurance company violated the policy by failing to respond to its proofs of loss within 30 days. Affirmed.
Court: Florida Courts Of Appeal, Judge: Bokor, Filed On: May 24, 2023, Case #: 22-0102, Categories: insurance, Contract
J. Johnson finds that the district court should not have dismissed an injured driver's claims against the defendant driver's insurer. There are genuine issues on whether the insurer waived its affirmative defenses as to coverage because the driver submitted evidence to show that the insurer accepted liability for the accident in an email. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: May 24, 2023, Case #: 22-CA-370, Categories: Evidence, insurance, Tort