44 results for 'cat:"Arbitration" AND cat:"Insurance"'.
J. Immergut grants the insurance company's motion to compel arbitration in the insured's lawsuit alleging that the insurance company wrongfully disagreed with the value of the insured's claim for the injuries she sustained while pregnant during an accident with an at-fault, underinsured motorist. The insured implicitly agreed to arbitration when her demand letter stated that she “demands, consents, offers and commits to arbitration," so no new consideration is required. The insured also limited her ability her recovery attorney fees when she instituted arbitration proceedings.
Court: USDC Oregon, Judge: Immergut, Filed On: April 26, 2024, Case #: 3:24cv25, NOS: Insurance - Contract, Categories: arbitration, insurance, Attorney Fees
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
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J. Engelmayer appoints a neutral arbitrator per the dispute resolution terms of the parties’ commercial insurance contract. A Texas school district filed claims under its commercial insurance policy after school district property incurred damage during a hurricane. A dispute resulted regarding the extent of the school district’s coverage and the matter was submitted to arbitration. They were unable to agree on a single arbitrator, and after each appointing an arbitrator, the arbitrators were unable to agree on an umpire, therefore the matter was submitted to the instant court for selection of a qualified neutral arbitrator to oversee the matter. Having done so the case is ordered closed.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: April 8, 2024, Case #: 23cv8957, NOS: Insurance - Contract, Categories: arbitration, Civil Procedure, insurance
J. Flanagan grants several emergency medical providers’ motion to remand this action to a county court after they sued Blue Cross Blue Shield (BCBS) for failure to cover costs. The providers billed for an average of $2,656 per patient visit, but BCBS only paid out an average of $39, which is a little over 1% of the cost. Because the providers sue for unjust enrichment and violations of state deceptive trade laws, no federal question arises and the case will be remanded.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 29, 2024, Case #: 7:23cv1601, NOS: Arbitration - Other Suits, Categories: arbitration, insurance, Trade
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
Per curiam, the appellate division finds that the lower court properly denied the clinic's petition to vacate an arbitration award denying it claim for no-fault medical services rendered to the insured. The law permits an insurer to deduct from first-party benefits to reimburse a person for economic loss on account of personal injury arising out of the use of a motor vehicle. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 6, 2024, Case #: 00599, Categories: arbitration, insurance, Vehicle
J. Jolivette Brown grants a request by domestic and foreign insurers to stay litigation initiated by a property owner, ordering him to arbitrate his storm-damage related claims. Although Louisiana law ordinarily prohibits enforcement of arbitration clauses concerning insurance disputes, an international treaty on arbitration supersedes state law. Furthermore, the McCarran-Ferguson Act, which the property owner cites, does not apply to an international treaty.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: January 19, 2024, Case #: 2:23cv6464, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, insurance, International Law
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. Richman holds that the trial court should have compelled the arbitration of the damages due on an underinsured motorist claim. The insurance contract did not hide the arbitration clause so the insurer did not waive its right to compel arbitration. The trial court should also have left the merits of the insured's bad faith claims out of its arbitrability analysis. Reversed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: January 11, 2024, Case #: A167666, Categories: arbitration, insurance, Damages
J. Garaufis grants GEICO’s motion for a preliminary injunction and issues a stay on 43 separate pending arbitration proceedings filed by a group of health care providers whom the insurer alleges participated in a no-fault insurance fraud scheme. GEICO successfully argues that, without a stay, the proceedings could result in dozens of inconsistent awards and ultimately make it difficulty to obtain a favorable ruling on its claim for declaratory relief, which seeks a declaration that the providers have no right to receive reimbursement for any unpaid bills they submitted previously.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 2, 2024, Case #: 1:22cv7532, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: arbitration, insurance, Racketeering
J. Stratton finds that the trial court properly denied an insurer's motion to compel the arbitration of an insured's bad faith and contract action. Neither the arbitration clause in the insured's enrollment form or in his employer's agreement with the insured are enforceable because they do not comply with statutory disclosure requirements. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: December 6, 2023, Case #: B319659, Categories: arbitration, insurance
J. Vance denies a request by an insurance company to dismiss hurricane damage claims by an antique shop in the historic French Quarter of New Orleans. Because the insurers have not explained why dismissal, rather than a stay, is warranted, the court declines to dismiss the case pending arbitration.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: December 4, 2023, Case #: 2:23cv4343, NOS: Insurance - Contract, Categories: arbitration, insurance
J. Morgan grants a request by domestic and foreign insurers to arbitrate hurricane damage claims by a condominium association and stays its policy coverage suit pending out-of-court negotiations. The condo association argued the arbitration provision is against state public policy because Louisiana law generally prohibits arbitration agreements in insurance policies governing property within the state. While the court recently held that state law provides an exception to the prohibition on arbitration clauses to surplus lines carriers, such as the condo owners’ insurers, the provision cited is applicable at the award-enforcement stage only. Therefore, the association’s argument is premature.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: November 29, 2023, Case #: 2:23cv3546, NOS: Insurance - Contract, Categories: arbitration, insurance, Jurisdiction
J. Vance grants an unopposed motion by surplus line insurance companies to compel arbitration and stay proceedings initiated by a commercial property owner in Louisiana, alleging failure to mail appropriate payments on hurricane damage claims and breach of insurance contract. The parties' policy contains a valid, enforceable arbitration agreement.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: November 14, 2023, Case #: 2:23-cv-03415, NOS: Insurance - Contract, Categories: arbitration, insurance, Damages
J. Schlitz denies the employee's insurer's motion to compel arbitration and dismiss a declaratory judgment action brought by the employer's insurer arising from a coverage dispute after the employee, a massage therapist, was sued for malpractice and settled for $1.6 million. The employer's insurer is not a party to the contract between the employee and the employee's insurer. The employer's insurer is not seeking or obtaining direct benefits from the employee's insurance policy and cannot be ordered to arbitrate.
Court: USDC Minnesota, Judge: Schlitz, Filed On: September 26, 2023, Case #: 0:22cv2018, NOS: Insurance - Contract, Categories: arbitration, insurance, Indemnification