1,027 results for 'nos:"Insurance - Contract"'.
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
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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
J. Moore denies the parties summary judgment in claims seeking insurance coverage for hail damage sustained to the roof of a commercial building because evidence remains in dispute as to whether the roof acted as a barrier to the elements and thus sustained functional and compensable damage.
Court: USDC Colorado, Judge: Moore, Filed On: March 11, 2024, Case #: 1:20cv2443, NOS: Insurance - Contract, Categories: Insurance
J. Haikala holds that an insured's breach of contract action is not barred by a policy's two-year limitations period, as the state law six-year limitations period applies to insurance contracts. Also, issues of fact about how a fire at the insured's property started preclude the insurer's arson defense.
Court: USDC Northern District of Alabama , Judge: Haikala, Filed On: March 8, 2024, Case #: 3:22cv449, NOS: Insurance - Contract, Categories: Insurance
J. Brown rules in favor of the insurer in a breach of contract action brought by the insured arising after the insurer refused to pay for a new roof on seven of the insured's buildings following alleged hail and vandalism damages. The insured failed to present evidence showing that its claim was timely or that vandalism damages to the roofs occurred after a company made repairs.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: March 8, 2024, Case #: 1:21cv4776, NOS: Insurance - Contract, Categories: Insurance
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract and seeking relief brought against them through a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:22cv11466, NOS: Insurance - Contract, Categories: Insurance, Contract, Labor
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract brought by insureds suing in a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:21cv11047, NOS: Insurance - Contract, Categories: Insurance, Class Action, Contract
J. Bury rules an "avid art collector" may pursue insurance claims for a stolen Rolex watch, but not for the alleged theft of Andy Warhol and Keith Haring works of art. The insurance company sufficiently showed in court that the art collector did not actually owned the works of art, but may be entitled to obtain coverage for the watch.
Court: USDC Arizona, Judge: Bury, Filed On: March 8, 2024, Case #: 4:21cv119, NOS: Insurance - Contract, Categories: Evidence, Insurance, Contract
J. Dimke grants default judgment to the insurance company for its complaint that it has no duty to cover the insured's claim relating to a collision that occurred when someone else was driving his insured vehicle. The loss is excluded by the policy's employee exclusion clause, as the insurance company believes that the man who drove the car during the accident was the insured's employee. The insured's lack of cooperation in confirming or denying this prejudiced the insurance company in this case.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 8, 2024, Case #: 4:23cv5043, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Contract
J. Cain denies summary judgment to an insurer that paid more than $8.4 million in hurricane damage claims to a nonprofit corporation providing housing for the physically and mentally disabled. The nonprofit seeks statutory penalty amounts for bad faith, arising from allegedly untimely payments of the policy proceeds. The record shows there was “significant back and forth communication” between the nonprofit’s general contractors, the insurer’s adjusters and the insurer regarding the payment of various expenses. Whether any one payment was withheld or delayed in an arbitrary and capricious manner in violation of the statutes is dependent upon the facts known to the insurer at the time of its actions.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: March 6, 2024, Case #: 2:22cv3042, NOS: Insurance - Contract, Categories: Evidence, Damages, Experts
J. Ross dismisses Travelers insurance company from a declaratory relief action that seeks defense and indemnification coverage for an underlying personal injury lawsuit. The subcontractor’s insurance policy does not list the litigants as additional insureds, therefore they are not entitled to relief.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: March 5, 2024, Case #: 1:23cv7848, NOS: Insurance - Contract, Categories: Insurance
J. Leblanc grants a request by the owner of a medical office building damaged by back-to-back hurricanes in 2020, ordering its insurer to produce corporate deposition transcripts from other litigation related to the two storms. The insurer argued the property owner’s request was irrelevant and disproportionate to the needs of the case. The prior sworn testimony of the insurer when limited to particular matters is relevant and may lead to discoverable information, particularly regarding claims handling practices.
Court: USDC Western District of Louisiana , Judge: Leblanc, Filed On: March 5, 2024, Case #: 2:22cv05724, NOS: Insurance - Contract, Categories: Evidence, Insurance, Discovery
J. Godbey grants, in part, an insurer's motion for a protective order against discovery requests in an employee's action seeking coverage of a judgment he won against his former employer under the employer's insurance policy. Only two production requests are entitled to protection, as they seek information pertaining to coverage of unrelated third parties.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: March 4, 2024, Case #: 3:23cv769, NOS: Insurance - Contract, Categories: Employment, Insurance, Discovery