1,027 results for 'nos:"Insurance - Contract"'.
J. Beaverstock denies a condo association’s motion to exclude experts and motion to strike as moot in this insurance dispute stemming from Hurricane Sally damage. The association alleges that an engineer and a building consultant retained by the insurer are not qualified and that both of their methodologies were unreliable. The court finds both experts’ testimony will be able assist in this case.
Court: USDC Southern District of Alabama, Judge: Beaverstock, Filed On: February 26, 2024, Case #: 1:22cv257, NOS: Insurance - Contract, Categories: Insurance, Experts
J. Currault finds for the insurer of a coastal Louisiana hospital district, finding its policy does not cover the medical facility’s loss of income resulting from the state’s suspension of non-emergency procedures during the initial months of the Covid-19 pandemic in 2020. A proper reading of the policy’s communicable disease provision means a disease outbreak must occur at the insured premises, not from people infected from an outbreak elsewhere who show up to the hospital for medical treatment. The hospital’s infectious disease control manager testified it was not until the end of 2021 or 2022 that she reported several hospital-acquired Covid-19 cases, and both dates are past the relevant policy period.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 22, 2024, Case #: 2:22cv689, NOS: Insurance - Contract, Categories: Evidence, Business Expectancy, Covid-19
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J. Africk grants a default judgment to a natural gas pipeline company against seven remaining landowners for its suit for right of use and right of way over their properties for the construction of a compressor station and other facilities in the coastal Louisiana town of Golden Meadows. The seven landowners are deceased or could not be located by the company. The pipeline company has agreed to pay $100 in compensation to each of the seven landowners who would otherwise receive less than $100.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: February 21, 2024, Case #: 2:23cv2793, NOS: Insurance - Contract, Categories: Construction, Energy, Property
J. Van Tatenhove finds for an insured in this dispute because the insurer is currently providing a defense against claims contending the insured hurt someone in an assault. However, that case is ongoing and a ruling in this case would not resolve that issue; thus, the court lacks jurisdiction to hear claims contending the insurer is not liable for damages resulting from the personal injury case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 21, 2024, Case #: 5:23cv81, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, Jurisdiction
J. Ashe grants a request by the president and majority owner of an oilfield services company, dismissing on jurisdictional grounds its fired COO’s suit to dissolve the company, and for an accounting and access to company records. The president, a citizen of Florida, and the ex-COO, the company’s minority owner, is a citizen of Texas, so the company is a citizen of both states. The minority-shareholder's suit must be dismissed because it cannot proceed without the company, but adding the company would destroy the diversity of citizenship required for federal jurisdiction.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: February 20, 2024, Case #: 2:23cv6409, NOS: Insurance - Contract, Categories: Civil Procedure, Corporations, Partnerships
J. Tostrud makes rulings on six of the insurer's motions in limine in its declaratory-judgment suit related to child sexual abuse by its insured's priest. A single motion in limine brought by the priest's alleged victims seeking to exclude evidence of two prior alleged acts by the priest from the 1960s is denied, since while they did not cause physical injury they are nevertheless relevant to showing whether future sexual abuse was substantially probable.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 20, 2024, Case #: 0:20cv2261, NOS: Insurance - Contract, Categories: Evidence, Insurance, Experts
J. Hillman declines to reimburse costs to an insurer accused of manipulating premiums to force a real estate development and management company to pay more because even if the company prolonged litigation by pursuing a meritless appeal, the insurer had other remedies related to costs.
Court: USDC New Jersey, Judge: Hillman , Filed On: February 16, 2024, Case #: 1:19cv13638, NOS: Insurance - Contract, Categories: Fraud, Insurance
J. Currault grants a request by a New Orleans property owner, ordering her insurer to produce written materials pertaining to her claim for damages by Hurricane Ida. The insurer’s nine-month delay in the production of documents identified in the court’s discovery protocols is improper. Likewise, the insurer’s discovery responses, most of which reflect boilerplate, unsubstantiated objections, are insufficient.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: February 16, 2024, Case #: 2:23cv761, NOS: Insurance - Contract, Categories: Insurance, Damages, Discovery
J. Jackson transfers a Louisiana lawyer’s claims she was severely “eaten by bed bugs” during her rehabilitation stay at a Virginia-based drug and alcohol facility. The attorney fails to show her multiple payments to the rehab center confers jurisdiction of her payment dispute and bed-bug claims. Significantly, neither litigant requested the transfer. “Transfer, not dismissal, best serves to promote judicial efficiency, conserve the [litigants’] resources and avoid duplication of efforts.”
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: February 16, 2024, Case #: 3:22cv114, NOS: Insurance - Contract, Categories: Tort, Jurisdiction, Contract
J. Crenshaw denies the defendant trucking company's motion to dismiss for improper venue or, alternatively, to transfer venue. The plaintiff insurance company seeks a declaratory judgment regarding its duty to defend or indemnify the company in an underlying state court case. The incident at issue in the underlying case allegedly occurred at a truck stop in Tennessee, and the case is "pending in Tennessee state court."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: February 16, 2024, Case #: 3:23cv1059, NOS: Insurance - Contract, Categories: Insurance, Tort, Venue
J. Flanagan denies an insurance company’s motion to show cause as a part of a dispute over a $1 million water damage claim following Hurricanes Florence and Dorian. The company alleges that claim’s appraisers should be sanctioned for appealing the company’s discovery requests as a violation of the court’s orders. However, the district court has refused to grant the appraisers’ motion for protective order from discovery, so this part of the litigation is dismissed for lack of jurisdiction and stayed until the appeal is resolved.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: February 16, 2024, Case #: 4:22cv42, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Discovery
J. Marks declines to grant judgment on the pleadings in favor of four people involved in a car wreck, who challenge the insurer’s declaratory judgment action seeking a decision that it has no obligation to defend or indemnify the insureds in the underlying lawsuit. One insured person’s son was driving at the time, caused the car collision and was not listed as a driver on the policy.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 16, 2024, Case #: 1:22cv197, NOS: Insurance - Contract, Categories: Insurance, Vehicle, Indemnification
J. Gutierrez grants an insurance company's motion in limine in an insurance coverage dispute over groundwater contamination. The county asserts there were 18 separate occurrences that caused groundwater contamination. The insurer seeks to preclude the county from offering evidence relating to the county's claim for future policy benefits. The county "fails to provide...reasons for how its untimely disclosures were substantially justified and harmless." The county is precluded "from offering evidence or argument regarding its damages claim for future policy benefits."
Court: USDC Central District of California, Judge: Gutierrez, Filed On: February 14, 2024, Case #: 5:21cv1978, NOS: Insurance - Contract, Categories: Insurance
J. Evanson denies the insurance company's motion for summary judgment on the passenger's Insurance Fair Conduct Act claim in her lawsuit alleging that the insurance company must provide additional coverage related to an accident caused by another driver while she rode in a vehicle covered by the insurance company. Washington courts do not yet agree on whether an IFCA claim can survive if an insurer has paid to the policy limits, though two cases in Washington appellate courts are debating this topic.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: February 14, 2024, Case #: 2:22cv1561, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Cain denies a request by a Texas-based law firm to reject a lower court’s recommendations that it be barred from intervening in a former client’s suit to recover fees and out-of-pocket expenses prior to its lawyers’ suspension from the practice in Louisiana for using modern-day runners to get clients, a state-law felony. The firm unsuccessfully argued the magistrate judge exceeded her authority and failed to apply the correct legal standards in her report. However, the ruling agrees with the magistrate judge’s conclusions the firm’s assertions fail to support its request for intervention and that the firm has acted with so little regard for the rules of ethics and professional conduct that it deprived itself of the ability to provide any meaningful service to clients with legitimate claims.
Court: USDC Western District of Louisiana , Judge: Walter, Filed On: February 14, 2024, Case #: 1:22cv4071, NOS: Insurance - Contract, Categories: Civil Procedure, Attorney Fees, Attorney Discipline
J. Gayles dismisses the medical clinics and professionals' suit against the insurance underwriters seeking a declaration that the underwriters have a duty to defend and indemnify them in actions alleging that they engaged in a scheme to collect personal injury protection benefits for services that were either not medically necessary or not provided to patients involved in auto accidents. The plain language of the providers' insurance policy excludes all of the claims in the underlying suit from coverage.
Court: USDC Southern District of Florida, Judge: Gayles, Filed On: February 14, 2024, Case #: 1:20cv23592-DPG, NOS: Insurance - Contract, Categories: Insurance, Indemnification
J. Rubin grants, in part, the property owners’ motion for summary judgment on liquidated damages in this dispute involving an insurer’s failure to pay out on an insurance claim and refused to defend the owners from a neighbor’s lawsuit over flooding on their property. In a previous court order the owners were granted partial summary judgment for the contract claim and it was determined there was a duty to defend for the insurer. The parties have filed a joint stipulation for the attorney fees. The owners now argue how prejudgment interest should be calculated and indemnification for unpaid or future attorney fees and expenses. Therefore, the joint stipulation for attorney fees and expenses, and the owners are entitled to prejudgment interest summary judgment is granted. The owner’s motion as to identification is denied but they may seek an award or move to amend judgment if entitlement matures in the future.
Court: USDC Maryland, Judge: Rubin, Filed On: February 14, 2024, Case #: 1:20cv1012, NOS: Insurance - Contract, Categories: Insurance, Indemnification, Attorney Fees
J. Rice denies the insureds' motion to remand their complaint alleging that the insurance company wrongfully denied the insureds coverage after they underwent independent medical examinations following their involvement in a roll-over automobile accident. The insureds' argument that the insurance company's estimation of damages is too speculative is also based on conjecture. The insurance company has successfully established diversity of the parties and that the amount in controversy exceeds $75,000.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: February 14, 2024, Case #: 2:23cv341, NOS: Insurance - Contract, Categories: Insurance, Jurisdiction, Contract
J. Kindred grants an insurance company's motion for attorney fees in a coverage dispute following an injury accident aboard a natural gas platform. The insurer sought a declaratory judgment that the charterer’s policy did not provide coverage for the accident, and the court found for the insurer. As the prevailing party, the insurer is granted $43,952.
Court: USDC Alaska, Judge: Kindred, Filed On: February 13, 2024, Case #: 3:21cv252, NOS: Insurance - Contract, Categories: Insurance