47 results for 'cat:"Civil Procedure" AND cat:"Insurance" AND cat:"Contract"'.
J. Fox finds the lower court erroneously granted the insurers' motions for summary judgment based on the policyholder's noncompliance with policy requirements. The insurers each failed to provide in writing the specific medical records needed to process his claim and also failed to give him the statutorily required 60 days to correct any defects in the records he did provide. Reversed.
Court: Colorado Court Of Appeals, Judge: Fox, Filed On: April 18, 2024, Case #: 2024COA40, Categories: civil Procedure, insurance, contract
J. Lioi grants, in part, State Farm's motion for judgment on the pleadings, ruling any cause of action limited by the one-year filing limitation in the homeowners' insurance policy must be dismissed for the homeowners' failure to file suit within one year of the storm that caused water intrusion and property damage, as State Farm did not waive the limitation.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: April 8, 2024, Case #: 5:23cv1124, NOS: Insurance - Contract, Categories: civil Procedure, insurance, contract
J. Lohier finds that the district court properly dismissed a trust's request for relief in the form of a declaration that a life insurance policy remained in effect after assignment and purported reassignment for lack of contractual standing to sue under New York law because the trust failed to notify the insurer that the policy had been reassigned to the trust by the policyholder. Affirmed.
Court: 2nd Circuit, Judge: Lohier, Filed On: April 5, 2024, Case #: 19-87-cv, Categories: civil Procedure, insurance, contract
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J. Clark finds the trial court erroneously granted the insurer's motion for summary judgment on the substitute complaint filed by the church damaged in a fire. Although the court had previously struck claims against the insurer, the church was entitled to bring a new complaint once it removed the individual responsible for the fire from the filing and corrected the misjoinder that initially led to the removal of claims against the insurer. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Clark, Filed On: March 28, 2024, Case #: AC45057, Categories: civil Procedure, insurance, contract
[Consolidated.] J .Gabriel finds the lower court erroneously dismissed the homeowners' lawsuits against their insurance companies. Although their insurance claims were untimely, according to the policy language, the courts should have applied the notice-prejudice rule adopted by this court in other insurance disputes. The homeowners' policies and subsequent claims were occurrence policies under which the notice requirements are included only to allow the insurer to investigate the claim and are not fundamental contractual terms. Therefore, the case must be remanded to allow the lower courts to determine whether the homeowners' delays in filing were reasonable. Reversed.
Court: Colorado Supreme Court, Judge: Gabriel, Filed On: March 11, 2024, Case #: 2024CO13, Categories: civil Procedure, insurance, contract
Per curiam, the appeals court finds the trial court improperly granted summary judgment to the insurance company in the disaster management business' lawsuit over coverage involving an accident at a job site in Louisiana where workers were cleaning up an oil spill. The trial court incorrectly concluded that the business lacked standing, that its claims were barred by judicial estoppel, and that there were no disputes of fact over whether the insurance company obtained the coverage the business requested, so its order is reversed and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 8, 2024, Case #: 23-0182, Categories: civil Procedure, insurance, contract
J. Cole denies the insurer's motion to dismiss, ruling Ohio's conflict-of-laws principle requires the court to apply Ohio's 6-year statute of limitations, rather than the 4-year limitation present in California, which renders the estate's life insurance contract claim timely.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: January 12, 2024, Case #: 1:23cv122, NOS: Insurance - Contract, Categories: civil Procedure, insurance, contract
J. Wright denies the insured's motion to remand its action against its insurer to state court. The insurer's removal of the action to federal court was timely, since service did not occur until the Commissioner of Commerce, as a required statutory agent, was served. Equitable estoppel of arguments of timeliness is also not appropriate, since the insured does not allege that the insurer intentionally provided an incorrect address to the insured.
Court: USDC Minnesota, Judge: Wright, Filed On: January 10, 2024, Case #: 0:23cv2314, NOS: Insurance - Contract, Categories: civil Procedure, insurance, contract
J. Colins finds that the lower court improperly awarded an $88,750 judgment entered in favor of an insured religious organization in this breach of contract and bad faith case against its insurance company arising from a computer hacking incident. The insurance company was entitled to judgment on both claims, as the loss in question did not exceed the relevant policy deductible. Vacated.
Court: Pennsylvania Superior Court, Judge: Colins, Filed On: January 9, 2024, Case #: J-A25032-23, Categories: civil Procedure, insurance, contract
J. Boyle finds the lower court properly found for an insurance agency and salesman in a coverage dispute arising from a house fire. When the applicant signed the policy that listed only his deceased mother as policyholder, he should have been aware he would not receive any benefit from a future claim; therefore, the statute of limitations began to run when the application was submitted and expired more than four years before the applicant filed the present lawsuit. Affirmed.
Court: Ohio Court Of Appeals, Judge: Boyle, Filed On: December 14, 2023, Case #: 2023-Ohio-4544, Categories: civil Procedure, insurance, contract
J. Jenkins finds that the trial court properly dismissed an insured's claim against his insurance agent for not procuring the proper coverage for their fence that was damaged in Hurricane Laura. In this case, the emergency suspension order due to Hurricane Ida did not attach additional time to the Keatings’ running of prescription on their claim. The insured's claims did not prescribe within the 30-day emergency suspension period that commenced on August 26, 2021, but on October 14, 2021. The insured's petition was filed on November 9, 2021. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Jenkins, Filed On: December 8, 2023, Case #: 2023-CA-0232, Categories: civil Procedure, insurance, contract
J. Quinn finds that the lower court improperly granted summary judgment to the insurance company in this lawsuit concerning a homeowner's insurance policy. The evidence could reasonably show that one of the appraisers "misinterpreted the scope of his task." Also, there was a question of fact as to the issue of standing in connection with the extracontractual claims brought by the estate administrator. Reversed in part.
Court: Texas Courts of Appeals, Judge: Quinn, Filed On: November 29, 2023, Case #: 07-22-00308-CV, Categories: civil Procedure, insurance, contract
J. Penzato finds that the trial court properly granted the Office of Group Benefit's exception of prescription on the health plan participant's claim that the Office improperly refused to pay for medical services. Under the parties' contract plan, the participant was required to file his claim within 90 days from the date services were rendered, unless it was not reasonably possible, and a lawsuit had to be filed no later than twelve months after his claim was required to be filed, or no more than 30 days after he exhausted his administrative remedies. In this case, the participant had to file a claim by June 24, 2021, but did not file suit until January 25, 2022. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: November 3, 2023, Case #: 2023 CA 0136, Categories: civil Procedure, insurance, contract
J. Wyrick mostly denies the counterclaimants' motion for summary judgment in this dispute over insurance coverage for the loss of certain aircraft, which were not returned by the lessees after they allegedly stopped making lease payments. The leasing company argues that the insurer breached its insurance policy by failing to cover the loss of the aircraft. However, it is only entitled to summary judgment as to the "inapplicability of the wear and tear exclusion." Most of the other issues are subject to disputes of fact, which preclude summary judgment.
Court: USDC Western District of Oklahoma , Judge: Wyrick, Filed On: September 1, 2023, Case #: 5:21cv510, NOS: Insurance - Contract, Categories: civil Procedure, insurance, contract
J. Seeger denies the defendant insurance company’s motion to stay this contract dispute with the plaintiff Medicare payment recovery firm. A sister firm to the plaintiff in this case still owes the insurance company attorneys’ fees and costs for a nearly-identical, aborted case in Florida, and the company wants this case’s plaintiff to pay up for its sibling’s bill before this case advances. But the court denies the motion on the grounds that, even if this plaintiff firm and the Florida firm are part of the same corporate family, they are legally separate entities.
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: August 15, 2023, Case #: 1:22cv5054, NOS: Recovery of Overpayment & Enforcement of Judgment - Contract, Categories: civil Procedure, insurance, contract