18 results for 'cat:"Insurance" AND cat:"Class Action" AND cat:"Contract"'.
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract brought by insureds suing in a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:21cv11047, NOS: Insurance - Contract, Categories: insurance, class Action, contract
J. Brnovich denies a proposed class of insureds motion for class certification concerning contract claims against an insurance company, which may have engaged in undervaluing insureds' loss vehicles. The insurance company sufficiently showed in court that the proposed class would have to resolve individual, labor intensive questions as to who was wrongfully denied coverage.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 4, 2024, Case #: 2:22cv342, NOS: Insurance - Contract, Categories: insurance, class Action, contract
J. Harris finds the trial court improperly dismissed the insured's class action against State Farm over coverage for water damages her home sustained from an overflowing sink. The statutory limitation the trial court cited does not preclude the insured's claim for interest payments under her policy, and the case is remanded to the trial court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 2, 2024, Case #: 23-0243, Categories: insurance, class Action, contract
J. Bryan grants the insureds' modified motion for class wide declaratory relief for their class action asserting that the insurance company must cover treatment of gender dysphoria and gender reassignment surgery for a minor. The prior order already demonstrates that the insurance company's denial of the aforementioned benefits was sex discrimination that was not allowed with the federal financial assistance it received, and declaratory relief will both vindicate the insureds' position about the discrimination they faced and help prevent future litigation.
Court: USDC Western District of Washington, Judge: Bryan, Filed On: December 19, 2023, Case #: 3:20cv6145, NOS: Insurance - Contract, Categories: insurance, class Action, contract
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J. King partially grants the insureds' motion to seal exhibits and to voluntarily dismiss plaintiff Bryan Gage from their class action alleging that the pet insurance company charged unlawful and excessive monthly premiums based on factors such as pet age. The pet insurance company does not object to sealing the documents that “contain plaintiff Bryan Gage’s personal cell phone number and current home address," nor does it object to the dismissal of Gage from this case.
Court: USDC Western District of Washington, Judge: King, Filed On: December 14, 2023, Case #: 2:20cv421, NOS: Other Contract - Contract, Categories: insurance, class Action, contract
J. Browning denies, in part, the insurer's motion to dismiss, ruling the New Mexico Supreme Court's decision in a prior case likely applies retroactively to illusory uninsured motorist benefits like the ones in policies held by the class members. Therefore, the class states valid claims for misrepresentation and breach of the covenant of good faith and fair dealing.
Court: USDC New Mexico, Judge: Browning, Filed On: November 15, 2023, Case #: 1:18cv399, NOS: Insurance - Contract, Categories: insurance, class Action, contract
J. Tunheim denies the insurers' three motions to exclude expert testimony along with the insureds' two such motions, with the exception of a request by the insureds to strike two errata sheet changes by one of the experts. Cross-motions for partial and total summary judgment are partially granted. The experts' testimonies are variously appropriate to their proposed functions. Billing limitation agreements the insurers entered with healthcare providers are prohibited under the No-Fault Act as preestablished limitations and for having the effect of managed care. The insurer is therefore enjoined from entering or enforcing those or similar agreements. The insureds' breach of contract claims fail, however, since they have failed to prove that their policies guaranteed them their choice of providers. Issues of fact remain as to the insurers' involvement in challenged policies, so one insurer's request to dismiss all of its claims against an affiliated company that is not an insurer is denied, but another such company which has not issued any auto insurance policies in Minnesota during the class period of this suit is dismissed from this action.
Court: USDC Minnesota, Judge: Tunheim, Filed On: September 13, 2023, Case #: 0:19cv3071, NOS: Insurance - Contract, Categories: insurance, class Action, contract
J. Gonzalez denies the policyholder's motion to alter or amend the court's previous judgment of dismissal, ruling the uninsured motorist coverage in her insurance policy was not illusory. Although she did not receive the full $200,000 amount from the insurer, she was able to recoup some benefit after an offset of the amount paid by the other individual involved in the car accident.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: September 13, 2023, Case #: 1:21cv1023, NOS: Insurance - Contract, Categories: insurance, class Action, contract
J. Kugler grants the insurer's motion to confirm an arbitration award but denies its motion to dismiss the insured's complaint, which alleges that the insurer systematically undervalued its insureds' vehicles using condition adjustments without actually investigating the conditions of vehicles it considered comparable to the insureds' vehicles. The insured has standing to bring her claims, having pled a sufficient injury-in-fact, and the confirmation of the appraisal award does not preclude the insured from stating a plausible breach-of-contract claim, which she has.
Court: USDC New Jersey, Judge: Kugler, Filed On: August 31, 2023, Case #: 1:22cv6228, NOS: Insurance - Contract, Categories: insurance, class Action, contract
J. Smith grants a group of plaintiffs’ motion for class certification in this case where they allege that their automobile insurance company
failed to pay them the actual cash value of their vehicles. The class members satisfied the numerosity, commonality, typicality and adequacy requirements for certification.
Court: USDC Eastern District of Pennsylvania, Judge: Smith, Filed On: August 11, 2023, Case #: 5:21cv4479, NOS: Insurance - Contract, Categories: insurance, class Action, contract
J. Alonso partially grants an insurance company’s motion for summary judgment, and denies a food company’s cross-motion for summary judgment, on the insurance company’s claims that it owes no duty to defend or cover the food company in an underlying biometric privacy class action. The court finds that the insurance company has no duty to defend the food company only regarding on the underlying complaint’s breach of contract claims. Factual disputes bar summary judgment on the other claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: July 31, 2023, Case #: 1:22cv1334, NOS: Insurance - Contract, Categories: insurance, class Action, contract
J. Casper allows some claims to proceed in the insurance agent company's complaint alleging that GEICO terminated the parties' agreement, wiped clean all of the company's computer systems and failed to make payments to the agent for insurance policies it wrote. The first-to-file rule doesn't apply in this case because the agent's claim that it was misclassified as an independent contractor in this case has substantial differences from claims made in a similar class action filed in Ohio. Also, the agent's breach of contract claim is plausible as to the wrongful suspension of its business.
Court: USDC Massachusetts, Judge: Casper, Filed On: July 24, 2023, Case #: 1:23cv10325, NOS: Other Contract - Contract, Categories: insurance, class Action, contract
J. Pryor finds that the district court properly ruled in favor of the insurer in a putative breach of contract class action brought by the insured. The action arose after the insurer declared the insured's vehicle a total loss following a collision, paid her what it calculated to be the actual cash value of the vehicle and refused to reimburse her for dealer fees associated with the purchase of a replacement vehicle. The insurer's method of calculating the cash value by using the Certified Collateral Corporation ONE Market Valuation system, relying on advertised prices over sale prices and adjusting the cost of comparable vehicles did not violate Florida law. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: July 3, 2023, Case #: 21-13148, Categories: insurance, class Action, contract
J. Molaison finds that the trial court properly denied an insurer's peremptory exceptions of no cause of action and non-joinder in a class action related to nursing home evacuations during a hurricane. The insurer has not shown how complete relief cannot be achieved without the joinder of additional parties, and there has been no showing that all potential members of the class are not adequately represented. Further, the insurer's status as a defendant in this case pre-dates its own petition in federal court to determine policy limits. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: May 31, 2023, Case #: 23-C-255, Categories: insurance, class Action, contract