6 results for 'cat:"Insurance" AND cat:"Settlements" AND cat:"Contract"'.
J. Aslan grants a motion to enforce the settlement agreement in this subrogation action between an insurer and a company stemming from damage to the insurer’s property allegedly caused by the company’s negligence. The parties agreed to the settlement amount of $240,000, but at the time of the transfer an imposter posing as the insurer’s counsel intercepted the funds. Therefore, the fraudulent actions happened after the contract was in force. The court orders the company to pay the insurer $240,000 and denies the insurer’s request for costs, attorney fees and interest.
Court: USDC Maryland, Judge: Aslan, Filed On: April 29, 2024, Case #: 1:23cv1783, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: insurance, settlements, contract
J. Stiles finds that the trial court properly ruled in favor of the administratrix of the estate in determining that the attempted beneficiary change for the decedent's annuity contract was null and void due to her mental incapacity from when she sustained brain injuries in an auto accident. The decedent settled her personal injury claim and subsequently began a "pen pal relationship" with an inmate, married him and made him the beneficiary. The evidence supports the finding that the decedent lacked the mental capacity to manage her long-term financial affairs after the accident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: CA-23-635, Categories: insurance, settlements, contract
Per curiam, the circuit finds the district court properly found for an insurer. Two insurance companies contributed to a settlement in a negligence suit against a construction company that was insured by both companies consecutively under commercial general liability policies. One company then sued the other for reimbursement, saying the other's policies covered the damages. The plain language of the defendant company's policies, as well as binding case law from Texas and this circuit, indicate it is liable for only a portion of the damages at issue. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 18, 2023, Case #: 22-51114, Categories: insurance, settlements, contract
J. Muniz finds that the court of appeal properly ruled in claims asking whether uninsured motorist payments made after a car collision should be off set by damages awarded in claims stemming from the same collision. "A settlement made by an insurance company on a bad faith claim is not a collateral source" under the ruling statute. Affirmed.
Court: Florida Supreme Court, Judge: Muniz, Filed On: November 2, 2023, Case #: SC2021-1580, Categories: insurance, settlements, contract
J. Barker grants the insurer's motion to dismiss a policyholder's counterclaims, ruling evidence in the record establishes she failed to inform the company of negotiations before she entered into a settlement with the estate and that no exception to the policy language involving settlements applies. Therefore, the conditions for the insurer's affirmative defense to the breach of contract counterclaims are met.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 19, 2023, Case #: 1:21cv1981, NOS: Insurance - Contract, Categories: insurance, settlements, contract
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free