175 results for 'cat:"Civil Procedure" AND cat:"Insurance"'.
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: civil Procedure, insurance, Damages
J. Norris grants in part the competing motions for summary judgment in this lawsuit concerning coverage under an insurance policy. The underlying matter involves a former employee's alleged violation of the plaintiff paper company's conflict of interest policy and the subsequent settlement agreement. The plaintiff paper company's motion is granted as to certain affirmative defenses asserted by the defendant insurance company.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: April 25, 2024, Case #: 2:22cv2789, NOS: Insurance - Contract, Categories: civil Procedure, insurance
J. Bailey finds that the lower court properly ruled in this dispute over a beneficiary designation under a life insurance policy. The decedent changed the beneficiary "approximately two weeks before his death." The change was effective "based on the terms of the policy, without reference to any agreements or court-ordered obligations." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00130-CV, Categories: civil Procedure, insurance
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
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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. 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. 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
J. Sullivan finds that the district court improperly found for a logistics company in an insurer's subrogation claims concerning damage sustained to cargo while being unloaded from a truck at an airport. The claims would be barred as untimely under the Montreal Convention's statute of limitations for contracting carriers, but questions remain unresolved as to whether the logistics firm qualified as such in its role in arranging transport through third parties.
Court: 2nd Circuit, Judge: Sullivan, Filed On: April 4, 2024, Case #: 21-2132, Categories: civil Procedure, insurance, Transportation
J. Mitchell finds that the lower court properly denied the insurer's motion to intervene in a wrongful death action for the sole purpose of seeking a stay of the wrongful death action until a separate declaratory judgment action in federal court could resolve the insurer's duty to indemnify the homeowner. The insurer has no right to intervene in a case in which it lacks a direct interest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Mitchell, Filed On: April 2, 2024, Case #: WD86442, Categories: civil Procedure, insurance, Wrongful Death
J. Hanen finds that a homeowner whose home was damaged is not entitled to additional claims of breach of contract after accepting payment on her insurance claim. The homeowner claims that they are entitled to the full replacement costs without deduction of depreciation. The insurance company provided an avenue for full replacement costs with the submission of replacement receipts, but the homeowner has not submitted those receipts to claim full replacement.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:23cv641, NOS: Insurance - Contract, Categories: civil Procedure, insurance
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
J. Kugler allows plaintiff to continue claims contending an insurer wrongfully denied coverage for a number of lawsuits related to an alleged Ponzi scheme because some of the alleged wrongful acts likely occurred before the "run-off" period contained in the policies. However, whether excess policies should have been applied remains unclear.
Court: USDC New Jersey, Judge: Kugler , Filed On: March 28, 2024, Case #: 1:23cv1951, NOS: Insurance - Contract, Categories: civil Procedure, insurance
J. Johnson finds that the district court should not have granted an insurer's peremptory exception of prescription on a deceased driver's wife's survival action for damages the decedent sustained in a car accident with the insured. In this case, the wife timely filed her survival action within one year of her husband's death. A survival action does not mandate that the offense that caused the injury, in this case the car collision, must have also caused the injured person’s death. Reversed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: March 27, 2024, Case #: 23-CA-374, Categories: civil Procedure, insurance
J. Trauger partially grants the defendants' summary judgment motion in this lawsuit brought by a Tennessee insurance agency and its owner, alleging breach of an oral agreement, as well as a written nondisclosure agreement, in connection with the purchase of premium financed life insurance policies. The defendants' motion is granted as to the alleged breach of an oral commission agreement and the breach of fiduciary duty claim. The plaintiffs' claim regarding the nondisclosure agreement remains pending against the corporate defendant.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:19cv964, NOS: Other Contract - Contract, Categories: civil Procedure, insurance, Fiduciary Duty
J. Yarbrough finds that the lower court properly entered a take-nothing judgment against the appellant in this lawsuit alleging that an insurance company wrongfully drafted his bank account following the expiration of a hospital policy. The appellant sought a refund of the insurance premiums, and he testified that the policy was meant to be for two years only. However, he failed to revoke the authorization for the withdrawals in writing, and he "incorrectly interpreted the two-year termination provision which applied only to authorization for release of medical records." Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: March 13, 2024, Case #: 07-23-00248-CV, Categories: civil Procedure, Health Care, insurance
[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
J. Chestney grants an insurance company’s motion to exclude expert testimony in an insurance dispute with policyholders over damages from Winter Storm Uri while also denying a separate motion to exclude by those policyholders. While the policyholders have attempted to designate as experts adjusters and contractors who reviewed alleged damage to their home, they have not shown these individuals are relying on sufficient facts or data to provide reliable court testimony. Conversely, the insurance company has shown that its plumbing expert is reliable, and that person should be allowed to testify.
Court: USDC Western District of Texas , Judge: Chestney, Filed On: March 11, 2024, Case #: 5:22cv1110, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Experts
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. Van Tatenhove finds for an insured in this dispute because the insurer is currently providing a defense against claims contending the insured hurt someone in an assault. However, that case is ongoing and a ruling in this case would not resolve that issue; thus, the court lacks jurisdiction to hear claims contending the insurer is not liable for damages resulting from the personal injury case.
Court: USDC Eastern District of Kentucky, Judge: Van Tatenhove, Filed On: February 21, 2024, Case #: 5:23cv81, NOS: Insurance - Contract, Categories: civil Procedure, insurance, Jurisdiction
J. Pena conditionally grants the insurance company's petition for a writ of mandamus, in which it "seeks to compel the trial court to rule on competing motions for summary judgment" in the underlying insurance dispute. The record indicates that three years have passed since the lower court heard the motions, which is an "unreasonable" period of time. Accordingly, the company is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Pena, Filed On: February 21, 2024, Case #: 13-24-00059-CV, Categories: civil Procedure, insurance