60 results for 'cat:"Evidence" AND cat:"Insurance"'.
J. Brennan denies the insurer's motion to compel discovery and the completion of an appraisal of reconstruction costs for the apartment building, ruling language in the parties' contract renders any appraisal signed by both parties final and binding. Therefore, the insurer cannot challenge any costs included in the appraisal, which was completed by an independent panel and signed by both parties.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 23, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: evidence, insurance, Discovery
J. Worthen finds the trial court properly entered a take nothing judgment against the driver. It is undisputed the insured driver was injured by the at-fault, hit-and-run driver. The insurer paid policy limits and says the driver is abusing the system by seeking $400,000 in damages. Photos of the accident showed minor damage to the driver's car. Furthermore X-ray, MRI and EMG evidence showed the driver had chronic and degenerative conditions resulting from a prior injury but did not show evidence of acute injuries. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: April 17, 2024, Case #: 12-23-00133-CV, Categories: evidence, insurance
J. Fallon grants a policyholder’s request for default judgment against an insurer for liability in connection with its alleged failure to provide sufficient funds to cover hurricane damage to her two properties. Although the insurer received service in October 2023, it did not engage in the litigation by February 2024. The insurer also did not participate in a March 2024 hearing in which the property owner took the stand and testified to “the saga she has experienced in the years following Hurricane Ida [2021] attempting to work with various State Farm adjusters, inspectors and representatives." Citing an incomplete evidentiary record as to the more than $4.5 million sought, a separate proceeding must be held on the damages to which the property owner is entitled.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 12, 2024, Case #: 2:23cv4618, NOS: Insurance - Contract, Categories: evidence, insurance, Damages
J. Alvord finds the lower court properly granted the insurer's motion for summary judgment. The flashing defects discovered in the modular home were not property damage, but proved only that property damage may occur in the future, which was insufficient to trigger coverage under its policy with the builder. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: March 28, 2024, Case #: AC45433, Categories: evidence, insurance, Contract
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J. McConnell denies the insurer's motion for summary judgment on its action seeking declaratory judgment it has no obligation under the $1.89 million consent judgment awarded to the models who alleged the covered adult entertainment club included images of them in its advertisements without their consent. The models have shown evidence of the insurer's dilatory conduct, ambiguity in its coverage and strategic silence.
Court: USDC Rhode Island, Judge: McConnell, Filed On: March 26, 2024, Case #: 1:21cv63, NOS: Insurance - Contract, Categories: evidence, insurance
J. Marbley grants the insurer's motion for judgment on the administrative record, ruling that while the employee's health has suffered as a result of "long Covid-19," evidence in the record indicates she was able to job on a semi-daily basis and was cleared to return to work by a physician, which is sufficient to support the denial of long-term disability benefits.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 25, 2024, Case #: 2:22cv3118, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, evidence, insurance
J. Morrison grants the policyholder's motion for summary judgment on the interpretation of the deductible provision in its policy with the insurance companies, ruling ambiguous language requires the use of extrinsic evidence and testimony from an individual heavily involved in procuring the policies supports the policyholder's interpretation. Specifically, even though only a single manufacturing facility was damaged by the fire, the business losses of the company must be calculated using losses from all of the facilities, which are interconnected.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: March 14, 2024, Case #: 2:22cv2019, NOS: Insurance - Contract, Categories: evidence, insurance, Contract
J. Bury rules an "avid art collector" may pursue insurance claims for a stolen Rolex watch, but not for the alleged theft of Andy Warhol and Keith Haring works of art. The insurance company sufficiently showed in court that the art collector did not actually owned the works of art, but may be entitled to obtain coverage for the watch.
Court: USDC Arizona, Judge: Bury, Filed On: March 8, 2024, Case #: 4:21cv119, NOS: Insurance - Contract, Categories: evidence, insurance, Contract
J. Leblanc grants a request by the owner of a medical office building damaged by back-to-back hurricanes in 2020, ordering its insurer to produce corporate deposition transcripts from other litigation related to the two storms. The insurer argued the property owner’s request was irrelevant and disproportionate to the needs of the case. The prior sworn testimony of the insurer when limited to particular matters is relevant and may lead to discoverable information, particularly regarding claims handling practices.
Court: USDC Western District of Louisiana , Judge: Leblanc, Filed On: March 5, 2024, Case #: 2:22cv05724, NOS: Insurance - Contract, Categories: evidence, insurance, Discovery
J. Gannam finds the trial court erred when it held the case was time-barred and granted summary judgment to the insurer for this underinsured motorist lawsuit. The driver argues that the case was not barred because she sued less than two years after the settlement was approved with the tortfeasor’s liability carrier. Therefore, this case is remanded as the suit was within the five-year statute of limitations. Reversed.
Court: Florida Courts Of Appeal, Judge: Gannam, Filed On: March 1, 2024, Case #: 6D23-399, Categories: evidence, insurance, Vehicle
J. Zainey denies summary judgment to an insurer on its argument that its policy for an aircraft does not cover approximately $79,000 worth of repairs. The damage falls within a wear-and-tear exclusion, not as the result of “a single-recorded incident which requires immediate repair.” The policy fails to define the term “single-recorded incident” and “immediate repair;" therefore, the ordinary meaning of the terms control. Because both the insurer and the policyholder offer reasonable interpretations of the terms, the policy is ambiguous under state law and must be interpreted in favor of the policyholder.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: February 28, 2024, Case #: 2:22cv4603, NOS: Insurance - Contract, Categories: evidence, insurance, Aviation
J. DeGravelles grants summary judgment to the insurer of the lessee of an oilfield service company’s truck and against the insurer of the vehicle’s owner. Both insurance companies are providers of co-primary underinsured motorist coverage in the accidental injury case of the truck’s driver, who was struck by another motorist. Although the insurer of the truck’s owner argues there cannot be co-primary policies because Louisiana law provides for one primary and one excess policy to provide uninsured motorist coverage, this incorrectly states the law.
Court: USDC Middle District of Louisiana, Judge: DeGravelles, Filed On: February 23, 2024, Case #: 3:22cv123, NOS: Motor Vehicle - Torts - Personal Injury, Categories: evidence, insurance, Vehicle
J. Summerhays denies summary judgment to a city-parish government on vicarious liability claims arising from state law excessive force allegations by an intoxicated armed robbery suspect against his arresting officer. The cop was fired for violating the police department’s use of force policy after he was caught on videotape punching the handcuffed suspect’s face and head seven times in rapid succession outside the entrance to the jail. Vicarious liability does not apply to federal civil rights claims.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: February 21, 2024, Case #: 6:21cv4131, NOS: Other Civil Rights - Civil Rights, Categories: evidence, insurance, Police Misconduct
J. Tostrud makes rulings on six of the insurer's motions in limine in its declaratory-judgment suit related to child sexual abuse by its insured's priest. A single motion in limine brought by the priest's alleged victims seeking to exclude evidence of two prior alleged acts by the priest from the 1960s is denied, since while they did not cause physical injury they are nevertheless relevant to showing whether future sexual abuse was substantially probable.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 20, 2024, Case #: 0:20cv2261, NOS: Insurance - Contract, Categories: evidence, insurance, Experts
J. Boyle grants two insurance companies’ joint motion for entry of a consent order, instructing each on how to proceed regarding evidence, confidentiality and discovery.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 13, 2024, Case #: 4:22cv8, NOS: Insurance - Contract, Categories: evidence, insurance, Discovery
J. Ashe denies summary judgment to an insurer on its refusal to cover a church's hurricane-related coverage request for a full replacement of its approximately 42,300 square-foot roof, including a warehouse. The insurer has failed to sustain its burden of demonstrating there are no disputed issues of material fact concerning whether the building needs an entire roof replacement. As to the church's bad-faith claims, genuine issues of material fact remain with respect to the timely payment of undisputed amounts, and the timeliness and sufficiency of the insurer's investigation and adjustment of the church's insurance claim.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: February 8, 2024, Case #: 2:22cv3130, NOS: Insurance - Contract, Categories: evidence, insurance, Experts
J. Doughty denies summary judgment to an insurer on its argument that a criminal act exclusion provision of its law enforcement coverage policy precludes its payment of a $421,000 judgment against a sheriff's office after a jury found a deputy liable for failing to stop a fellow officer from striking an detainee. The deputy was not found to have committed a criminal act and, therefore, has no connection his fellow officer’s state law criminal charge.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: February 6, 2024, Case #: 3:22cv866, NOS: Insurance - Contract, Categories: evidence, insurance, Police Misconduct
J. Huffaker grants summary judgment for the insurance company in this liability insurance dispute seeking a declaration that it has no obligation to defend a builder and its subcontractors for faulty construction. The conditions for coverage under the contractor’s special conditions endorsement in the policy were not met, it does not provide a defense against the homeowners’ claims. The policy plainly excludes coverage for tract housing residences of 25 or more houses with the same characteristics and there were at least 100 houses built by the builder. The insurance company is not required to defend the homeowners claims and they are dismissed without prejudice. The court denies as moot the insurer’s motion to strike certain documents and photographs.
Court: USDC Middle District of Alabama, Judge: Huffaker, Filed On: February 5, 2024, Case #: 2:19cv848, NOS: Insurance - Contract, Categories: evidence, insurance
J. Hightower denies an insurance company’s motion for a protective order and an alternative motion to quash subpoenas in a discovery dispute with a home building company over alleged construction defects at hundreds of properties, which the building company argues should be covered by its insurance. The insurance company argues the court has not yet ruled on whether the policy was ambiguous and therefore that “underwriting materials and extrinsic evidence” about the policies are not “relevant or discoverable,” but the court is not ruling on whether these materials “should be admitted into evidence,” and the insurance company has not met its burden to disregard discovery requests.
Court: USDC Western District of Texas , Judge: Hightower, Filed On: January 18, 2024, Case #: 1:22cv1375, NOS: Insurance - Contract, Categories: evidence, insurance, Discovery
J. Pearson grants the insurer's motion for summary judgment, ruling evidence in the policyholder's medical history clearly indicates he had lymphoma at the time he applied for the relevant insurance policy, regardless of whether he had been diagnosed with the condition. Therefore, the insurer properly denied coverage because it was a preexisting condition.
Court: USDC Northern District of Ohio, Judge: Pearson, Filed On: December 29, 2023, Case #: 4:22cv1514, NOS: Insurance - Contract, Categories: evidence, insurance, Contract
[Consolidated] J. Herndon finds the trial court properly found in favor of the insured in a car collision-related dispute. The insurer failed to properly investigate the accident, and the jury's finding, based on substantial evidence, will not be overturned. Although the $150,000 in compensatory stands, the more than $1 million in punitive damages must be reversed because the trial court improperly allowed irrelevant testimony regarding other lawsuits against the company. Reversed in part.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: December 27, 2023, Case #: 85090, Categories: evidence, insurance, Contract
J. DuBow finds that the lower court improperly found in favor of United Services Automobile Association in this action seeking damages from an insurance company based on promissory estoppel. The court erroneously recharacterized the promissory estoppel claim as one based on negligent spoliation of evidence and then dismissed it on the grounds that Pennsylvania does not recognize such spoliation claims. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: December 21, 2023, Case #: J-E02001-23, Categories: Civil Procedure, evidence, insurance
J. Ashe grants summary judgment to an insurer and dismisses bad faith claims by a property owner seeking policy coverage for $298,000 in hurricane damages to a 30-year-old metal roof. The insurer did not act in an arbitrary and capricious when it denied the policyholder’s claim because it had just and reasonable grounds, including its experts’ investigations and opinions, to believe the policy exclusion applies.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: December 19, 2023, Case #: 2:22cv3292, NOS: Insurance - Contract, Categories: evidence, insurance, Damages
Per curiam, the Texas Supreme Court grants a writ of mandamus filed by an insurance company seeking the medical records of a customer who sued the company after a car accident to obtain uninsured motorist benefits. The lower court improperly quashed the subpoena. The information the company was seeking is relevant to the underlying suit.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: November 17, 2023, Case #: 22-0321, Categories: Corporations, evidence, insurance