13 results for 'cat:"Arbitration" AND cat:"Insurance" AND cat:"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. 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. Volk grants the insurance company’s and related defendants' joint motion to lift the stay, and for confirmation and enforcement of the Bermuda arbitrator's awards in the human resource firm's breach of contract suit. The firm's argument to deny recognition of the 2023 awards citing the "public-policy defense" from Article V in the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards is unpersuasive since the claim of the arbitrator's lack of impartiality was foreclosed when they failed to appeal to the Bermuda Supreme Court within 30 days of an arbitration panel's decision.
Court: USDC Southern District of West Virginia, Judge: Volk , Filed On: March 18, 2024, Case #: 5:18cv1082, NOS: Other Contract - Contract, Categories: arbitration, insurance, contract
J. Partida-Kipness finds that the lower court properly denied the appellant insurance company's motion to compel arbitration in this dispute involving "the scope of a release in a settlement agreement between the parties." The declaratory claims at issue fall under the settlement agreement's forum-selection clause. The court also concludes that the agreement "superseded the ADR Endorsement" contained in an excess liability policy with respect to the declaratory claims. Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: March 13, 2024, Case #: 05-23-00719-CV, Categories: arbitration, insurance, contract
J. Conley partially grants the insurance company's motion for a declaratory judgment saying it is not obligated to indemnify or defend the metals manufacturer in an arbitration proceeding with a customer claiming the manufacturer provided defective dredge tanks. Although three categories of the customer's claims are not covered by a provision in the manufacturer's policy related to "manufacturer's errors or omissions," there may potentially be coverage for the customer's claims of breach of contract, negligence and negligent misrepresentation if arbitration breaks in its favor.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: February 7, 2024, Case #: 3:22cv443, NOS: Insurance - Contract, Categories: arbitration, insurance, contract
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J. Phillips finds a lower court improperly dismissed an insurance company's motion for arbitration concerning contract claims against an aviation company. The aviation company argued that a dispute over the sale of maritime surveillance aircraft products belongs in civil court. However, the parties' agreement contains an arbitration clause. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Phillips, Filed On: January 12, 2024, Case #: CA-2023-137, Categories: arbitration, insurance, contract
J. Lasnik denies summary judgment to the insurance company regarding the insured's claim that the insurance company must pay her the $76,100 arbitration award under her underinsured motorist (UIM) coverage. The fact that the insured opted to settle for payment of the full benefits under the at-fault motorist's inadequate insurance policy rather than pursue a lawsuit to judgment does not preclude the insured's claim for the insurance company's UIM benefits.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: September 7, 2023, Case #: 2:22cv1370, NOS: Insurance - Contract, Categories: arbitration, insurance, contract
J. Gordo finds that the trial court improperly awarded prejudgment interest to the insured in her lawsuit against the insurance company over coverage for water damages at her property. Under Florida law, the insured is not entitled to prejudgment interest in part because the insurance company never actually denied coverage of his claim, as the underlying lawsuit was instead over the exact amount of damages to be paid, not whether coverage existed. All parts of the trial court's final judgment are upheld except the part awarding prejudgment interest. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: August 9, 2023, Case #: 22-0595, Categories: arbitration, insurance, contract