754 results for 'cat:"Insurance" AND cat:"Contract"'.
[Consolidated.] J. Winkler finds that the lower court properly granted the insurers' motion for summary judgment and determined they were not required to indemnify Chiquita for lawsuits related to its funding of Colombian terrorist organizations. The intentional act of providing funds to the groups led to the deaths of the plaintiffs in the lawsuits and, therefore, cannot be considered accidents under the insurance policies. Affirmed.
Court: Ohio Court Of Appeals, Judge: Winkler, Filed On: May 10, 2024, Case #: 2024-Ohio-1775, Categories: insurance, Tort, contract
J. Barnes finds the district court improperly found in favor of the insurance claimant. The adult son was injured in an accident arising from his mother's loss of control of her vehicle and filed a negligence suit against her. She filed a third-party petition against the insurer alleging breach of contract and bad faith, and was awarded compensatory and punitive damages, as well as attorney fees. The mother's argument the insurer failed to indemnify her because it denied coverage prior to suit is without merit. There is no basis for her claim the insurer breached its duty of good faith and fair dealing. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes , Filed On: May 9, 2024, Case #: 120117, Categories: insurance, Negligence, contract
J. Kloppenburg finds the circuit court improperly granted the insurance company's motion to dismiss a lawsuit from a construction company assigned an insurance policy claim from a funeral home where the construction company replaced the roof after it sustained hail damages. The construction company has sufficiently alleged its claim that the insurance company refused to engage in the appraisal processes under the relevant property insurance policies, and the circuit court improperly considered allegations of fact in briefs from the insurance company under law governing motions to dismiss, so the order is reversed and the case is remanded for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Kloppenburg, Filed On: May 9, 2024, Case #: 2023AP002109, Categories: insurance, contract
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Per curiam, the appellate division finds that the lower court properly found the insurer had untimely disclaimed insurance coverage in an underlying labor law action. The insurer had reasonable notice that the excess policy might be triggered as soon as it received a 2017 litigation plan. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02505, Categories: insurance, contract
J. Traum finds for an insurer on an insured's action seeking coverage for an offroad ATV accident on the presumption the ATV was covered under his homeowner's umbrella policy. Though the same agent handled the umbrella policy as well as the separate ATV policy, nothing in the record indicates the ATV is covered under the umbrella policy or that the insured party was told so.
Court: USDC Nevada, Judge: Traum , Filed On: May 7, 2024, Case #: 3:21cv419, NOS: Insurance - Contract, Categories: Evidence, insurance, contract
Per curiam, the appellate division finds that the lower court improperly denied the insurance fund's motion seeking $943,000 from the company for amounts due under the policy. The business failed to show that the fund miscalculated the premiums owed under its policy. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 7, 2024, Case #: 02498, Categories: insurance, contract
J. Kirsch finds that the lower court properly found for the insurer in a dispute over insurance coverage for the non-responsible parties of an auto accident. These parties cannot recover as assignees of the insured, because the the assignment's covenant not to execute the judgment against the insured personally rendered the insured not legally responsible, therefore triggering no responsibility on the part of the insurer. Affirmed.
Court: 7th Circuit, Judge: Kirsch, Filed On: May 7, 2024, Case #: 23-1299, Categories: insurance, contract
J. Moore finds the county court properly dismissed the attorney's complaint seeking fees under a contingency fee agreement. The attorney and former client entered into a contract for representation in a life insurance claim, though the claim was paid before the attorney began litigating the case. The county court correctly determined there was no meeting of the minds concerning the agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: May 7, 2024, Case #: A-23-455, Categories: insurance, Attorney Fees, contract
J. Slaughter finds that the trial court improperly granted judgment to one defendant in an insurance dispute because a reasonable jury could have held that the insurer acted in bad faith by canceling coverage of plaintiff's vehicle. However, the court properly held that an insurance agent could not be found at fault. Reversed in part.
Court: Indiana Supreme Court, Judge: Slaughter, Filed On: May 6, 2024, Case #: 24S-CT-159, Categories: insurance, contract
J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: insurance, Negligence, contract
J. Cole grants, in part, the insurer's motion for judgment on the pleadings, ruling the policyholder's failure to include in its complaint an allegation that it complied with occurrence notice provisions in the life insurance policy renders its contract claim defective; therefore, the complaint will be dismissed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 1, 2024, Case #: 1:23cv407, NOS: Insurance - Contract, Categories: insurance, contract
J. Cartwright grants the hotel partial summary judgment for its claim that the insurance company wrongfully denied the hotel coverage for property damaged caused by water on the basis that the damage occurred before the policy date. Undisputed facts show that some damage happened after the police period began, such as the new instances of interior damage that began in heavily trafficked areas of the hotel, which is enough to trigger coverage.
Court: USDC Western District of Washington, Judge: Cartwright, Filed On: April 30, 2024, Case #: 2:22cv1344, NOS: Insurance - Contract, Categories: insurance, contract
J. Dillard finds that the trial court properly granted a directed verdict in the insurer's favor in a breach of contract action brought by the couple. The action arose from the insurer's alleged failure to pay the couple for their covered losses after trees fell on their home. The couple's insurance policy had a one-year suit limitation for personal property protection. The fire endorsement did not modify the policy to provide for a two-year suit limitation and applies only to property damage caused by fire. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 30, 2024, Case #: A24A0286, Categories: insurance, contract
J. Lee finds that the lower court properly found for the insurers in a declaratory judgment action over the insurer's obligation to defend a construction company in an underlying suit filed by the city after it found cracks in the welds of steel columns at O'Hare International Airport. The defects in the welds do not constitute "property damage" under the welder's commercial liability policies because there was no physical injury to any building elements beyond the steel columns with the faulty welds. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: April 29, 2024, Case #: 23-1662, Categories: insurance, Indemnification, contract
J. Aslan grants a motion to enforce the settlement agreement in this subrogation action between an insurer and a company stemming from damage to the insurer’s property allegedly caused by the company’s negligence. The parties agreed to the settlement amount of $240,000, but at the time of the transfer an imposter posing as the insurer’s counsel intercepted the funds. Therefore, the fraudulent actions happened after the contract was in force. The court orders the company to pay the insurer $240,000 and denies the insurer’s request for costs, attorney fees and interest.
Court: USDC Maryland, Judge: Aslan, Filed On: April 29, 2024, Case #: 1:23cv1783, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: insurance, Settlements, contract
J. Sykes finds that the lower court properly found for the insurer, ruling that its policy with a dialysis provider contains a bacteria exclusion that precludes coverage of a $2 million judgment against the provider stemming from a patient's sepsis diagnosis after suffering repeated infections resulting from his dialysis treatment. The bacteria exclusion plainly applies, and the insurer was not required to conduct any further investigation into the man's claims before denying coverage. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: April 24, 2024, Case #: 22-1983, Categories: insurance, Indemnification, contract
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, insurance, contract
J. Winmill grants an insurance company's motion for expenses regarding an improperly terminated disposition. The disposition regarding a car collision was terminated by counsel when the passenger in the car, who suffered severe memory loss, was being asked about insurance claims documents and was about to be shown those documents. The attorney alleges that the insurer failed to lay the proper foundation for refreshing a witness' recollection with a document. The attorney has not shown that the insurer's counsel's questioning rose to the level of bad faith or oppressiveness. The "unilateral termination of the...disposition was therefore unjustified and warrants sanctions."
Court: USDC Idaho, Judge: Winmill, Filed On: April 24, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: insurance, Sanctions, contract