7 results for 'cat:"Insurance" AND cat:"Business Practices" AND cat:"Contract"'.
J. Copenhaver grants the insurance carrier’s motion for summary judgment in the property management company's suit seeking declaratory judgment the carrier was obligated to defend it in a counterclaim Union Carbide filed against the company claiming it bore partial responsibility for damage to not only its property, but also the nearby Davis Creek Watershed from the run-off of toxic chemicals. Since the company has failed to not only prove the existence of a policy from 1987 through 2005, but also any of the policy's material terms, the carrier has no duty to defend or indemnify it.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: April 23, 2024, Case #: 2:22cv135, NOS: Insurance - Contract, Categories: insurance, business Practices, contract
J. Gordon grants the insurer’s motion to dismiss aspects of this insurance dispute brought by a truck driver who was injured in an accident caused by an unknown party. The driver brings a variety of claims against his company's insurance provider, including breach of contract, fraud and civil conspiracy. Certain allegations of intentional misrepresentation and conspiracy do not identify whether or not the provider or its parent company made the alleged representations, when, or how the representations were communicated. Also, a parent company cannot conspire with its subsidiary and a company generally cannot conspire with its own employees. Breach of contract claims will be allowed to proceed. The precise relationship between the involved entities is unclear from the policy, the complaint’s allegations and representations made by the companies, and it is premature to conclude that the driver cannot state a claim. He is given leave to amend.
Court: USDC Nevada, Judge: Gordon, Filed On: August 31, 2023, Case #: 2:22cv1974, NOS: Insurance - Contract, Categories: insurance, business Practices, contract
J. Chambers denies, in part, an insurer's motion for summary judgment in a couple's car collision coverage dispute. Questions of fact remain whether the insurer unreasonably delayed making a settlement offer.
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: August 24, 2023, Case #: 3:21cv637, NOS: Insurance - Contract, Categories: insurance, business Practices, contract
J. Pacold grants the defendant insurance company’s motion for summary judgment, and denies the plaintiff trucking company’s cross-motion for summary judgment, in this insurance case. The court finds the insurance company was in the right when it denied the trucking company coverage in an underlying contract dispute with a food company and a freight broker.
Court: USDC Northern District of Illinois, Judge: Pacold, Filed On: August 14, 2023, Case #: 1:19cv1660, NOS: Insurance - Contract, Categories: insurance, business Practices, contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Davis denies the insurance company’s motion for summary judgment in this dispute over the insurance company’s responsibility to indemnify the pork company in underlying litigation. The underlying injuries suffered by the property owners, which were the grounds of the underlying litigation, are treated as one incident under the insurance policies.
Court: North Carolina Business Court, Judge: Davis, Filed On: August 7, 2023, Case #: 2023-NCBC-50, Categories: insurance, business Practices, contract