1,943 results for 'cat:"Insurance"'.
J. Moon denies the fire safety company's motion to dismiss contract claims. After a fire started in a kitchen covered by the insurance company, the fire safety company's fire impression system did not discharge, the alarm sensor did not alert the local fire department, and the sprinklers took 45 minutes to start working. The insurance company has pled enough facts that was owed an obligation to have functioning equipment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 28, 2024, Case #: 6:23cv33, Categories: insurance, Negligence, Contract
J. Pellegrino finds the lower court properly granted the insurer's motion for summary judgment on property damage claims brought by the Native American casino for its closure during the Covid-19 pandemic. It made no allegations of physical property damage that would have been covered under its insurance policy, while the virus was also considered contamination excluded from coverage. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: March 28, 2024, Case #: AC45600, Categories: insurance, Native Americans, Covid-19
J. Whitney partially grants default judgment to an insurance company after its insured breached a general indemnity agreement. The insured, a contractor, failed to pay on a surety bond provided by the company of over $6.9 million. The company is entitled to this amount but cannot access the disbursement until after an underlying bankruptcy case against the insured is resolved.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 28, 2024, Case #: 3:22cv50, NOS: Other Contract - Contract, Categories: Bankruptcy, insurance, Contract
J. Hanks finds that an insurance company was not required to defend a student in a case involving the student and his friend taking LSD, after which the friend suffered a paralyzing injury. The injury occurred in the student’s parents’ home, and their homeowners’ insurance policy included an exclusion for claims arising out of the use of a controlled substance. The student did not immediately seek medical attention and moved his injured friend without neck support, possibly exacerbating the injury. The student’s failure to seek immediate medical assistance is conceivably related to his own ingestion of LSD, so the exclusion is relevant.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv2744, NOS: Insurance - Contract, Categories: insurance, Indemnification
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J. Aycock grants an insurance company’s motion for summary judgment against a Black customer who claims he was discriminated against and denied insurance when being suspected of having a gun that was, in reality, a water bottle in his belt to treat sciatic nerve pain. The customer did not give evidence that he was treated differently due to his race.
Court: USDC Northern District of Mississippi , Judge: Aycock, Filed On: March 28, 2024, Case #: 3:22cv35, NOS: Other Civil Rights - Civil Rights, Categories: Communications, insurance, Business Practices
J. Hicks grants the flight support company's motion for summary judgment in this negligence suit. A private plane was damaged by the corporation's making contact with another plane it was moving at the storage facility. The pilot who left the plane to be stored signed a "landing card" stipulating the corporation is not liable for damage. The terms of the landing card are an enforceable contract, including the limitation of liability footnote. Though the pilot involved was not the principal pilot contracted to fly the plane, he was cloaked with apparent authority by the original pilot. The principal “is estopped from later denying the actions of the agent” once he “cloaks the agent with the apparent authority to act[.]”
Court: USDC Nevada, Judge: Hicks , Filed On: March 28, 2024, Case #: 2:22cv2011, NOS: All Other Real Property - Real Property, Categories: insurance, Contract, Aviation
J. Clark finds the trial court erroneously granted the insurer's motion for summary judgment on the substitute complaint filed by the church damaged in a fire. Although the court had previously struck claims against the insurer, the church was entitled to bring a new complaint once it removed the individual responsible for the fire from the filing and corrected the misjoinder that initially led to the removal of claims against the insurer. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 28, 2024, Case #: AC45057, Categories: Civil Procedure, insurance, Contract
J. Kugler allows plaintiff to continue claims contending an insurer wrongfully denied coverage for a number of lawsuits related to an alleged Ponzi scheme because some of the alleged wrongful acts likely occurred before the "run-off" period contained in the policies. However, whether excess policies should have been applied remains unclear.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 28, 2024, Case #: 1:23cv1951, NOS: Insurance - Contract, Categories: Civil Procedure, insurance
J. Johnson finds that the district court should not have granted an insurer's peremptory exception of prescription on a deceased driver's wife's survival action for damages the decedent sustained in a car accident with the insured. In this case, the wife timely filed her survival action within one year of her husband's death. A survival action does not mandate that the offense that caused the injury, in this case the car collision, must have also caused the injured person’s death. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 27, 2024, Case #: 23-CA-374, Categories: Civil Procedure, insurance
J. Molloy denies both parties' motions for summary judgment in an insurance dispute. The property owner, which sought insurance coverage on properties damaged in a hurricane, hired its own adjuster after the insurer's adjuster grossly undervalued the damages, inspecting only the main structure on the property. The breach of contract claim is moot, being the insurer has paid the appraisal award. Material facts remain in dispute with respect to the owner's bad faith claim. The trier of fact must determine whether the insurer knowingly and intentionally excluded three cottages in its alleged coverage determination.
Court: USDC Virgin Islands, Judge: Molloy , Filed On: March 27, 2024, Case #: 3:19cv71, NOS: Insurance - Contract, Categories: insurance, Property
J. Swain partially denies class claims stemming from a lender's imposition of force placed insurance on a property under a reverse mortgage. The lender admitted it had wrongfully charged the property owner for the force placed insurance, but did not credit back the related fees and interest charged to her. The homeowner adequately states a claim for violations of the Real Estate Settlement Procedures Act for the lender's failure to terminate the force-placed insurance within 15 days of written notice and proof of insurance.
Court: USDC Southern District of New York, Judge: Swain, Filed On: March 27, 2024, Case #: 1:20cv9281, NOS: Other Statutory Actions - Other Suits, Categories: insurance, Real Estate, Class Action
Per curiam, the appeals court finds the trial court improperly granted the insured's oral motion to compel appraisal and in the meantime stay his lawsuit against the insurance company. The relevant policy requires that both parties agree to appraisal, and because the insurance company clearly stated at the time of the insured's motion that it did not agree to appraisal, the trial court erred by granting the motion, in the process also violating the company's due process rights by hearing and granting the motion at an unrelated pretrial hearing without prior notice. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 27, 2024, Case #: 23-0256, Categories: insurance, Due Process
J. Altman grants an adult foster care provider partial summary judgment in claims contending State Farm failed to provide full reimbursement for services rendered to an insured client because the Michigan No-Fault Act entitles the provider to payment under a $900 per diem rate since the client was not hospitalized during the billing period, which required State Farm to reimburse the difference.
Court: USDC Eastern District of Michigan, Judge: Altman, Filed On: March 27, 2024, Case #: 2:22cv12361, NOS: Insurance - Contract, Categories: insurance
J. Sands grants plaintiff insurance companies’’ motion for summary judgment in their suit against a local pharmacy distributor in Tifton, Georgia, that was named as a defendant in 26 opioid lawsuits. The companies provide that the economic losses sought in the underlying opioid lawsuits are precluded by their policies.
Court: USDC Middle District of Georgia, Judge: Sands, Filed On: March 27, 2024, Case #: 7:22cv113, NOS: Insurance - Contract, Categories: insurance
J. Savoie enters summary judgment dismissing the driver's claims seeking underinsured/uninsured motorist coverage from the insurer after an auto accident. There was no UM coverage for the driver under her father's policy based on the policy exclusions.
Court: Louisiana Court Of Appeal, Judge: Savoie, Filed On: March 27, 2024, Case #: CW-23-409, Categories: insurance, Contract
J. Kindred denies an insurance company's motion for summary judgment in a dispute with an insured regarding damage to his fifth wheel while he was on vacation. The record does not include necessary facts of the incident that led to the damage. The insurance company has "not demonstrated that they had a reasonable basis to deny coverage under the vacation liability provision" of the insured's policy.
Court: USDC Alaska, Judge: Kindred, Filed On: March 26, 2024, Case #: 3:22cv87, NOS: Insurance - Contract, Categories: insurance
J. Johnston grants the air ambulance service's motion for summary judgment in its suit challenging the West Virginia Insurance commissioner's enforcement of the Air Ambulance Protection Act. Using the 1993 film '"Groundhog Day" as a backdrop, the court finds the insurance commissioner's continuous attempt to declare the membership-based EMS service as being in the business of insurance futile, since the Airline Deregulation Act of 1978 preempts AAPA.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: March 26, 2024, Case #: 2:21cv105, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, insurance, Injunction
J. Nelson denies summary judgment to the metals company against the hand grind/production grinder's complaint alleging that the metals company improperly denied the grinder's claim for short-term disability benefits under the sponsored plan to treat his liver abscess. There is a genuine issue of material fact about whether the metal company's denial of the grinder's benefits after Dec. 4, 2020, when the plan was set to end even though the grinder made claims and appeals before then, was unreasonable when considering the entire administrative record.
Court: USDC Oregon, Judge: Nelson, Filed On: March 26, 2024, Case #: 3:22cv681, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, insurance
J. Gill finds the circuit court properly decided that the insurance company is obligated to defend and indemnify the insureds in a lawsuit from a man whose leg was crushed in a crash while he was a passenger on a UTV operated by the insureds' son on a frozen lake near the insureds' second home. An exception to an exclusion in the insureds' homeowner's insurance policy offering coverage for lawsuits stemming from bodily injuries caused by "the ownership, maintenance, use, loading or unloading of a UTV 'which is' used to service an insured's residence" is ambiguous and can be constructed in more than one reasonable way, and the facts in the complaint fit one of the circumstances under which coverage would be triggered. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Gill, Filed On: March 26, 2024, Case #: 2022AP000742, Categories: insurance, Contract
J. Komitee grants a motion on the pleadings and declares a travel agency and its parent company are not afforded coverage under their professional liability insurance policy for a series of civil actions filed in Canada stemming from a fatal tour bus crash. The court finds coverage is excluded under the policy’s bodily injury exclusion clause.
Court: USDC Eastern District of New York, Judge: Komitee, Filed On: March 26, 2024, Case #: 1:21cv5590, NOS: Insurance - Contract, Categories: insurance
J. Newey finds a lower court properly dismissed a life insurance company's challenge to imposed Value Added Tax. The life insurance company argued that revenue and customs authority overcharged it for performance fees plus VAT. However, revenue and customs sufficiently showed in court that the imposition was based on "taxable supply" for goods and services. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 26, 2024, Case #: CA-2023-861, Categories: insurance, Tax, Damages
J. McConnell denies the insurer's motion for summary judgment on its action seeking declaratory judgment it has no obligation under the $1.89 million consent judgment awarded to the models who alleged the covered adult entertainment club included images of them in its advertisements without their consent. The models have shown evidence of the insurer's dilatory conduct, ambiguity in its coverage and strategic silence.
Court: USDC Rhode Island, Judge: McConnell, Filed On: March 26, 2024, Case #: 1:21cv63, NOS: Insurance - Contract, Categories: Evidence, insurance
J. Honeywell grants the insurer's motion for summary judgment in its suit seeking a judgment that it has no duty to defend or indemnify its insureds in an underlying lawsuit and probate claim. An exclusion for claims stemming from alleged activities of an insured in their capacity as a director, partner, trustee, officer or employee of a business enterprise other than the business to which the policy was issued applies to a joint venture that company entered with another company.
Court: USDC Middle District of Florida, Judge: Honeywell, Filed On: March 26, 2024, Case #: 8:22cv106, NOS: Insurance - Contract, Categories: insurance, Contract