7 results for 'cat:"Insurance" AND cat:"Choice Of Law"'.
J. Holmes dismisses HDI Global Specialty SE from a dispute between insurance companies regarding who should defend and indemnify a construction company in an underlying litigation. The policy associated with HDI Global was issued in Texas and the subcontractor to whom the policy was issued is located in Texas. Therefore, the law of Texas governs this policy and under Texas law the policy is unenforceable to the extent it provides additional insured coverage for the contractor's own negligence or fault.
Court: USDC Western District of Arkansas , Judge: Holmes, Filed On: November 1, 2023, Case #: 5:23cv5037, NOS: Insurance - Contract, Categories: insurance, choice Of Law
J. Brunner finds the administrative law judge properly granted the policyholder's discovery request for documents that would have been excluded in a contract action. The bad faith claim asserted by the policyholder against the insurer is a tort action independent of the insurance contract between the parties and allowed the judge to apply Ohio law in his choice of law analysis. Affirmed.
Court: Ohio Supreme Court, Judge: Brunner, Filed On: November 1, 2023, Case #: 2023-Ohio-3921, Categories: insurance, Tort, choice Of Law
J. Miller finds that the trial court improperly granted summary judgment and dismissed the motorist's claims against the insurer of a driver who allegedly caused an auto accident. The insurer did not establish that the policy holder "had the intent to deceive" when he said in the application that the vehicle would be located in Texas as opposed to Louisiana. Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: October 18, 2023, Case #: 2023CA0157, Categories: insurance, Tort, choice Of Law
J. Miller-Lerman finds the district court properly granted summary judgment to the insurance company in this dispute over underinsured motorist coverage. After the injured driver settled with the at-fault driver’s insurance for $25,000, and for another $25,000 with the provider for the borrowed vehicle she was operating, it was determined that she had been fully compensated. A limitations of action policy provision states that “any suit … will be barred unless commenced within two years.” The policy was purchased in Iowa, and the Iowa two‑year policy limitation bars the action according to the policy’s choice of law provision. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: October 6, 2023, Case #: S-22-898, Categories: insurance, Vehicle, choice Of Law
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J. Zainey grants summary judgment to the husband of a woman who died in Italy and against her nephew and niece, who argued her spouse exerted undue influence, pressuring her to sign the change of beneficiary insurance form in his name when she was incapacitated. “Undue influence” is not a viable method for challenging beneficiary designations on insurance policy contracts under Louisiana law. Therefore, the husband’s request for summary judgment is granted to the extent it is asserted as a “standalone claim.” The ruling finds “no meaningful difference” between the laws of Italy and Louisiana in the case, so Louisiana law will apply.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: October 2, 2023, Case #: 2:23cv919, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, insurance, choice Of Law