11 results for 'cat:"Insurance" AND cat:"Business Practices"'.
J. Copenhaver grants the insurance carrier’s motion for summary judgment in the property management company's suit seeking declaratory judgment the carrier was obligated to defend it in a counterclaim Union Carbide filed against the company claiming it bore partial responsibility for damage to not only its property, but also the nearby Davis Creek Watershed from the run-off of toxic chemicals. Since the company has failed to not only prove the existence of a policy from 1987 through 2005, but also any of the policy's material terms, the carrier has no duty to defend or indemnify it.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: April 23, 2024, Case #: 2:22cv135, NOS: Insurance - Contract, Categories: insurance, business Practices, Contract
J. Aycock grants an insurance company’s motion for summary judgment against a Black customer who claims he was discriminated against and denied insurance when being suspected of having a gun that was, in reality, a water bottle in his belt to treat sciatic nerve pain. The customer did not give evidence that he was treated differently due to his race.
Court: USDC Northern District of Mississippi , Judge: Aycock, Filed On: March 28, 2024, Case #: 3:22cv35, NOS: Other Civil Rights - Civil Rights, Categories: Communications, insurance, business Practices
J. Merchant trims an autobody repair shop’s deceptive business practices complaint against Progressive and further remands the action back to state court due to lack of standing. The shop sued the insurer alleging its photo-estimating service deceives its insureds into accepting loss payments without ever having their vehicles inspected or repaired by a licensed repair shop after being involved in a car accident, thus limited the shop’s potential business. To the extent of claims not barred under res judicata, the court finds the shop fails to provide a single instance of an insured being misled or coerced by the insurer’s deceptive actions and thus fails to show it suffered a concrete injury.
Court: USDC Eastern District of New York, Judge: Merchant, Filed On: November 22, 2023, Case #: 2:23cv221, NOS: Insurance - Contract, Categories: insurance, business Practices
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J. Kleeh grants the insurance carrier’s motion for summary judgment in the complaint an employee of a business client seeks to declare the carrier is obligated to compensate him above the $300,000 per accident coverage for the uninsured and underinsured motorist claim he submitted for the injuries he sustained on May 4, 2021, when was he was knocked unconscious after a motorist driving southbound on Interstate 79 in Braxton County failed to stop in time, and collide with the overturned vehicle that barrel rolled from the northbound lane while he was rendering aid to the driver. The court finds since the employee parked the company vehicle on the shoulder of the southbound lane and exited it to aid the driver of the overturned vehicle, he does not qualify as an “insured” under the carrier’s policy, as he was not occupying the vehicle at the time of the collision. All other pending motions denied as moot.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: September 27, 2023, Case #: 1:22cv14, NOS: Insurance - Contract, Categories: insurance, Tort, business Practices
J. Gordon grants the insurer’s motion to dismiss aspects of this insurance dispute brought by a truck driver who was injured in an accident caused by an unknown party. The driver brings a variety of claims against his company's insurance provider, including breach of contract, fraud and civil conspiracy. Certain allegations of intentional misrepresentation and conspiracy do not identify whether or not the provider or its parent company made the alleged representations, when, or how the representations were communicated. Also, a parent company cannot conspire with its subsidiary and a company generally cannot conspire with its own employees. Breach of contract claims will be allowed to proceed. The precise relationship between the involved entities is unclear from the policy, the complaint’s allegations and representations made by the companies, and it is premature to conclude that the driver cannot state a claim. He is given leave to amend.
Court: USDC Nevada, Judge: Gordon, Filed On: August 31, 2023, Case #: 2:22cv1974, NOS: Insurance - Contract, Categories: insurance, business Practices, Contract
J. Chambers denies, in part, an insurer's motion for summary judgment in a couple's car collision coverage dispute. Questions of fact remain whether the insurer unreasonably delayed making a settlement offer.
Court: USDC Southern District of West Virginia, Judge: Chambers , Filed On: August 24, 2023, Case #: 3:21cv637, NOS: Insurance - Contract, Categories: insurance, business Practices, Contract
J. Pacold grants the defendant insurance company’s motion for summary judgment, and denies the plaintiff trucking company’s cross-motion for summary judgment, in this insurance case. The court finds the insurance company was in the right when it denied the trucking company coverage in an underlying contract dispute with a food company and a freight broker.
Court: USDC Northern District of Illinois, Judge: Pacold, Filed On: August 14, 2023, Case #: 1:19cv1660, NOS: Insurance - Contract, Categories: insurance, business Practices, Contract
J. Davis denies the insurance company’s motion for summary judgment in this dispute over the insurance company’s responsibility to indemnify the pork company in underlying litigation. The underlying injuries suffered by the property owners, which were the grounds of the underlying litigation, are treated as one incident under the insurance policies.
Court: North Carolina Business Court, Judge: Davis, Filed On: August 7, 2023, Case #: 2023-NCBC-50, Categories: insurance, business Practices, Contract