1,943 results for 'cat:"Insurance"'.
J. Elgo finds the trial court improperly denied a motor’s motion for summary judgement in this underinsured motorist dispute regarding herself and two minor children. The mother alleges negligence and recklessness claims against a driver, the vehicle’s owner and the insurer. The tortfeasor’s liability coverage is identical to, not less than, the mother’s underinsured motorist coverage. This case is to be remanded for judgement in favor of the driver, owner and insurer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 5, 2024, Case #: AC45627, Categories: insurance, Settlements, Vehicle
J. Sullivan finds that the district court improperly found for a logistics company in an insurer's subrogation claims concerning damage sustained to cargo while being unloaded from a truck at an airport. The claims would be barred as untimely under the Montreal Convention's statute of limitations for contracting carriers, but questions remain unresolved as to whether the logistics firm qualified as such in its role in arranging transport through third parties.
Court: 2nd Circuit, Judge: Sullivan, Filed On: April 4, 2024, Case #: 21-2132, Categories: Civil Procedure, insurance, Transportation
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J. Sutton finds the district court properly granted summary judgment to the insurer in this dispute over denied coverage for losses an aluminum company suffered due to aluminum shortages caused by transportation issues and delays. The insurer alleges the policy did not cover the transportation expenses and that the delay’s did not result from arrest, detainment or restraint. The aluminum company did in fact suffer the transportation issues, but the parties only focused on the threshold question of whether the aluminum firm experienced that risk. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: April 4, 2024, Case #: 23-5543, Categories: insurance, Maritime
J. Russell denies the defendant insurance company's motion to exclude certain expert testimony in this breach of contract lawsuit involving damage to a boat dock. The court finds that the expert is "qualified and his methodology is reliable." However, the court will partially grant the company's motions in limine. Specifically, the expert cannot define the company's "duty of good faith and fair dealing" or provide an opinion "on the ultimate conclusions" as to whether the company acted in bad faith.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: April 4, 2024, Case #: 4:18cv504, NOS: Insurance - Contract, Categories: insurance, Experts, Contract
J. Newbern recommends that the insurance company's dismissal motions be denied in this case arising from a three-vehicle accident and the "state court proceedings related to the accident." The court rules that the company's motions are untimely and insufficient. However, the court also recommends that the case be dismissed without prejudice based on a lack of jurisdiction. The motorist's claims are barred under the Rooker-Feldman doctrine.
Court: USDC Middle District of Tennessee , Judge: Newbern, Filed On: April 4, 2024, Case #: 3:23cv1244, NOS: Other Contract - Contract, Categories: insurance, Jurisdiction
J. McCalla determines how the funds should be paid in this interpleader case arising from an alleged arson fire and alleged theft at the House of Blues recording studio. One of the individual defendants, who leased a studio and certain equipment from the owner, should receive $2,066,217 of the Business Personal Property award, as his lease "did not terminate with the fire."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 4, 2024, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: insurance, Property, Damages
J. Lindsey finds the trial court properly awarded a final judgment to the homeowner after a jury found in his favor in his lawsuit against his insurance company over water damages to his home. The insurance company incorrectly argues it is entitled to a new trial because two documents it submitted as evidence were blocked as hearsay, and nothing else in the record warrants reversal. Affirmed.
Court: Florida Courts Of Appeal, Judge: Lindsey, Filed On: April 3, 2024, Case #: 23-0301, Categories: insurance, Contract
J. Logue finds the trial court improperly dismissed the insurance company's breach of contract claim against the condo association over a settlement the association reached with a developer, contractor and others, which the company claims violates its subrogation rights with relation to a separate action from condo unit owners over water damages caused by their defective balcony. The company has sufficiently pleaded its claims that the general releases the association granted as part of its settlement violate its right to potentially recover funds from the same parties that entered that settlement with the association, so it should be allowed to continue with the claims. Reversed.
Court: Florida Courts Of Appeal, Judge: Logue, Filed On: April 3, 2024, Case #: 22-1290, Categories: insurance, Contract
J. Cain denies a request by a surplus line insurance company to dismiss a parish sheriff’s suit for damages to a public building caused by two hurricanes and a winter storm. The insurer argues coverage of the damaged building should be voided to the sheriff’s “misrepresentations” on ownership. The insurer has not shown how certain statements by the sheriff’s office are material to the insurer’s claims, “let alone pointed to any circumstances that they were made with the intent to deceive.”
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: April 3, 2024, Case #: 2:21cv3947, NOS: Insurance - Contract, Categories: Fraud, Government, insurance
J. Breedlove finds that the lower court properly granted summary judgment for the appellees in this suit to enforce a settlement agreement, which arose from an automobile accident. The appellants argue that there was no enforceable settlement agreement, because there was no "tender" of the settlement amount and the insurance company "made a counteroffer, not an acceptance." However, the court finds that "the rule of tender found in Baucum is inapplicable" and that there was an agreement based on the demand letter and subsequent email. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 3, 2024, Case #: 05-23-00181-CV, Categories: insurance, Settlements, Tort
J. Stiles finds that the trial court improperly denied summary judgment to the insurer in an auto passenger's suit seeking uninsured/underinsured motorist (UM) benefits after a crash that occurred while she was riding in her mother's truck. The passenger did not have UM benefits under her mother's policy since it excluded guest passengers from such coverage. Reversed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: April 3, 2024, Case #: CW-23-686, Categories: insurance, Contract
J. Dennis finds the district court improperly found for State Farm after it denied coverage for the homeowners' claim arising from the a city's requirement they replace their whole roof, rather than just the tiles damaged in a hailstorm. State Farm accepted coverage for damage to certain roofing components and gutters in its estimate, which admits liability for that damage for purposes of the Texas Prompt Payment of Claims Act. Genuine issues of fact preclude summary judgment on the breach of contract and Act-based claims. Vacated in part.
Court: 5th Circuit, Judge: Dennis , Filed On: April 2, 2024, Case #: 22-10662, Categories: insurance, Property
J. Mitchell finds that the lower court properly denied the insurer's motion to intervene in a wrongful death action for the sole purpose of seeking a stay of the wrongful death action until a separate declaratory judgment action in federal court could resolve the insurer's duty to indemnify the homeowner. The insurer has no right to intervene in a case in which it lacks a direct interest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 2, 2024, Case #: WD86442, Categories: Civil Procedure, insurance, Wrongful Death
J. Sweazea grants, in part, an insurer's motion to dismiss in this storm damage dispute brought by a homeowner. The homeowner alleges bad faith breach of contract, unfair insurance practices and unfair trade practices for failure to provide coverage. She sufficiently stated a bad faith claim because the insurer failed to properly conduct an investigation and her unfair practices claim is adequately supported by facts in the complaint. The insurance practices claim is dismissed, but the homeowner may file a motion to amend.
Court: USDC New Mexico, Judge: Sweazea, Filed On: April 1, 2024, Case #: 1:23cv1134, NOS: Insurance - Contract, Categories: insurance, Contract
J. Pryor finds that the lower court properly limited the insurer's liability under the underinsured motorist policy's $1 million limit by sums the driver received from other sources. The insurer is entitled to offset the limit by a settlement in a personal-injury lawsuit and a workers' compensation award. Between the sums received from other sources, and the insurer's payment of $672,000, the driver recovered a total of $1 million, thus fulfilling the purpose of underinsured motorist coverage under Illinois law. Affirmed.
Court: 7th Circuit, Judge: Pryor, Filed On: April 1, 2024, Case #: 22-2776, Categories: insurance, Vehicle, Contract
J. Caproni denies the insurer's request for a declaratory judgment asserting it does not have to indemnify the restaurant in an underlying suit accusing a restaurant employee of assaulting a patron. There is conflicting evidence as to whether the assault was intentional or not. If the evidence shows that the patron's fall while being escorted out of the restaurant was not intentional, the insurer has a duty to defend.
Court: USDC Southern District of New York, Judge: Caproni, Filed On: April 1, 2024, Case #: 1:23cv1198, NOS: Insurance - Contract, Categories: insurance, Contract
J. Brennen grants, in part, the insurer’s motion for partial summary judgment on counterclaims brought by a business owner in this insurance dispute after a fire damaged his apartment building. The court holds that the owner is barred from the 12-month cap in coverage on the business income, notes he failed to submit additional building repair to the appraisal panel, says his claim for mortgage interest is unsupported, and rules the unpaid business income he requests is based on gross income, not net computation. The insurer's motion to strike an affidavit of the owners managing member and expert witness are denied because the motion is harmless.
Court: USDC Northern District of Ohio, Judge: Bennan, Filed On: March 30, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: insurance, Damages, Experts