1,942 results for 'cat:"Insurance"'.
J. Vitter grants a request by two domestic insurers and two foreign insurers who jointly provide a surplus lines policy, staying a failure-to-cover suit filed by an apartment complex owner pending arbitration of claims related to fire damage. Although the owner does not dispute his policy’s arbitration provision regarding the foreign insurers, he argues state law prohibits arbitration clauses as to domestic insurers. However, the state law he cites does not apply to surplus line policies.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 29, 2024, Case #: 2:23cv7066, NOS: Insurance - Contract, Categories: Arbitration, insurance, Contract
J. Hanen finds that a homeowner whose home was damaged is not entitled to additional claims of breach of contract after accepting payment on her insurance claim. The homeowner claims that they are entitled to the full replacement costs without deduction of depreciation. The insurance company provided an avenue for full replacement costs with the submission of replacement receipts, but the homeowner has not submitted those receipts to claim full replacement.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:23cv641, NOS: Insurance - Contract, Categories: Civil Procedure, insurance
J. Aslan grants, in part, a video game developer and its insurance agency’s motion to dismiss and motion to strike this healthcare insurance coverage dispute brought by a former media artist. The artist alleges the developer and its insurer violated ERISA by denying her COBRA benefits. Her interference and retaliation, COBRA violation and breach of fiduciary duty claims fail to state a claim for relief, and her motion to strike the jury is denied as moot. The artist shall file a stipulation of dismissal for the claims that still remain in action for the third-party benefit administrator after they did not join in on this motion to dismiss.
Court: USDC Maryland, Judge: Aslan, Filed On: March 29, 2024, Case #: 1:23cv1270, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance, Fiduciary Duty
J. Flanagan grants several emergency medical providers’ motion to remand this action to a county court after they sued Blue Cross Blue Shield (BCBS) for failure to cover costs. The providers billed for an average of $2,656 per patient visit, but BCBS only paid out an average of $39, which is a little over 1% of the cost. Because the providers sue for unjust enrichment and violations of state deceptive trade laws, no federal question arises and the case will be remanded.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 29, 2024, Case #: 7:23cv1601, NOS: Arbitration - Other Suits, Categories: Arbitration, insurance, Trade
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J. Mahan grants the insurer's motion for summary judgment. The assignee insurance company representing the construction company says the insurer breached the parties' contract when it denied coverage for two construction projects that sustained roof damage due to mold. The assignee failed to obtain the insurer's consent before incurring remediation costs; therefore, because the remediation costs were incurred involuntarily and without the insurer's consent, denial of coverage was appropriate.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv1382, NOS: Insurance - Contract, Categories: Construction, insurance, Contract
J. Walker finds that the lower court properly dismissed the former wife's claim for child support against the former husband's estate. The husband's $500,000 life insurance policy satisfied his financial obligations under the marital settlement agreement, regardless of the proceeds garnered from subsequent life insurance policies. Affirmed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: March 29, 2024, Case #: 231016, Categories: insurance, Wills / Probate
J. Hanen allows a driver, injured in an accident and alleging that an underinsured motorist is at fault, to nonsuit claims for past and future medical expenses and grants him leave to file a third amended complaint. However, the insurance company, defendant, has used expert analysis of the injured driver’s past and future medical cost claims in their defense and the court will allow that evidence heard because it relates to the contested points of the case.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:21cv1946, NOS: Insurance - Contract, Categories: insurance, Indemnification
J. Mahan denies the insurer's motion for summary judgment. The gaming facility brought this claim for breach of contract after the insurer denied coverage for cleanup following the Covid-19 pandemic. Coverage was denied due to there being no actual physical loss. There is a genuine dispute of material fact regarding whether a physical loss occurred or any of the policy exclusions or provisions apply.
Court: USDC Nevada, Judge: Mahan , Filed On: March 29, 2024, Case #: 2:20cv965, NOS: Insurance - Contract, Categories: insurance, Covid-19, Contract
J. Vera grants an insurance company's motion to dismiss a cardiovascular surgeon's allegations that the insurer did not fully pay for services provided. ERISA supersedes state laws and "presents aggrieved plaintiffs—including medical providers who have been assigned the right to pursue their patient’s health care benefits—with a remedy." The surgeon is granted leave to amend to be permitted to plead ERISA claims.
Court: USDC Central District of California, Judge: Vera, Filed On: March 29, 2024, Case #: 2:23cv10071, NOS: Other Statutory Actions - Other Suits, Categories: Erisa, insurance
J. Sands orders defendants to produce their embezzlement/employee dishonor claims that exceed $100,000 and were submitted to defendants from Jan. 1, 2013, to Dec. 31, 2023.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 29, 2024, Case #: 7:22cv52, NOS: Insurance - Contract, Categories: insurance
Per curiam, the circuit finds that the district court properly dismissed claims seeking indemnification against class claims contending sanitizing wipes had been misleadingly advertised during the Covid-19 pandemic. The manufacturer, which lacked government review or approval, cited a disparagement clause in the insurance policy, but the claims did not present a possible factual or legal basis to support a defense for personal and advertising harm. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 29, 2024, Case #: 23-1241-cv, Categories: insurance, Indemnification, False Advertising
J. Gottschall partially grants motions for summary judgment from both an insurance company and a consumer, in this suit over whether the company inappropriately called the consumer despite his number being registered in its “do not call” list. The court grants the consumer’s motion for judgment on the claim that the insurer’s actions were knowing and willful, and for his claim that the insurance company is liable for its contractors contacting the consumer. The court also dismisses a failure-to-identify claim against the insurance company, as the consumer has willingly abandoned it.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: March 28, 2024, Case #: 1:20cv7091, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, insurance, Negligence
J. Alvord finds the lower court properly granted the insurer's motion for summary judgment. The flashing defects discovered in the modular home were not property damage, but proved only that property damage may occur in the future, which was insufficient to trigger coverage under its policy with the builder. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: March 28, 2024, Case #: AC45433, Categories: Evidence, insurance, Contract
J. Streeter finds the lower court properly interpreted an inventory claim in this insurance matter, but not the loss of business income. A cannabis business suffered losses after a robbery, and filed a claim with the insurance company for $2.5 million of lost inventory. The inventory was stolen from two vaults, and the business argues it should be two inventory claims with a $600,000 limit for each claim, but the insurance company argues it is one claim with a limit of $600,000. The lower court found the interpretation of a single claim to be correct, and the instant court agrees; but it finds the portion of the claim concerning lost business income may not have been properly calculated, and remands that portion of the matter for further consideration. Reversed in part.
Court: California Courts Of Appeal, Judge: Streeter, Filed On: March 28, 2024, Case #: A167491, Categories: insurance
J. Aiken denies the insurance company partial summary judgment against the insureds' complaint alleging that the insurance company did not pay for covered losses such as the insulation remediation in the attic and underflooring of the insureds' home, which suffered smoke damage from wildfires in the Detroit, Oregon area. At this point, a reasonable juror could conclude that the insurance company sent an adjuster that negligently overlooked the damage in the attic and the underfloor area.
Court: USDC Oregon, Judge: Aiken, Filed On: March 28, 2024, Case #: 6:22cv1798, NOS: Insurance - Contract, Categories: insurance, Property, Contract
J. Schiltz dismisses the insured's suit seeking indemnification for losses caused by a fraudulent wire transfer. The insured's loss stemmed from "social-engineering fraud," and it has failed to allege that it followed an "established and documented verification procedure" before obeying the fraudster's instructions. It therefore fell under an exclusion under the insured's policy.
Court: USDC Minnesota, Judge: Schiltz, Filed On: March 28, 2024, Case #: 0:23cv510, NOS: Insurance - Contract, Categories: insurance, Contract