114 results for 'cat:"Insurance" AND cat:"Damages"'.
J. Marconi grants the motion for leave to amend a complaint brought by a pedestrian who was injured when he tripped due to a hole in a public sidewalk in Conway, New Hampshire. The pedestrian has the opportunity to include, in his complaint, allegations that satisfy the particularity requirement, which he has failed to achieve so far. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: May 3, 2024, Case #: 2022-0648, Categories: insurance, Municipal Law, damages
J. Africk denies summary judgment to an insurer and its insured homeowners on claims the insurer acted in bad faith by failing to pay for hurricane damages within 30 days upon proof of loss. “Although the question is close,” the facts of the payment at issue are sufficient to create a genuine dispute as to whether the original inspection constituted satisfactory proof of loss.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: April 30, 2024, Case #: 2:23cv377, NOS: Insurance - Contract, Categories: insurance, damages
J. Smith finds the district court improperly found the insurer owed the racing event organizer a duty to defend. The organizer sought legal defense when injured parties and estates of deceased sued after a vehicle careened into the crowd of spectators. A motor vehicle exclusion unambiguously excludes coverage for the damages at issue. The policy is not "illusory," as claimed by the organizer, as it does cover spectator slip and falls. Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-50336, Categories: insurance, damages, Wrongful Death
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: Civil Procedure, insurance, damages
J. Wecht finds that the superior court improperly affirmed the trial court’s decision to not award certain damages in this suit wherein a couple alleges they were fraudulently induced to purchase life insurance from a financial company. Treble damages under the Consumer Protection Law are available to the the couple in this case. Reversed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: April 25, 2024, Case #: J-59-2023, Categories: Fraud, insurance, damages
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J. Berkenkotter finds the lower court erroneously determined a trial court may use external evidence, including the insurance coverage of a plaintiff, to determine whether a prevailing plaintiff in a medical malpractice suit is entitled to exceed the statutory damages cap of $1 million because it allows tortfeasors to benefit from collateral payments made on behalf of a victim. Therefore, the case will be remanded to the trial court to allow for proper calculation of damages based on the jury's original award. Reversed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: April 22, 2024, Case #: 2024CO22, Categories: insurance, damages, Medical Malpractice
J. Pickett finds that the lower court properly awarded the mother $1.5 million and the son $125,000 for the injuries they suffered in a three-vehicle accident where one of the drivers drove a box truck covered by the insurance company. The insurance company claims that the trial court did not conduct the conference about the addressed issue on the record, but nothing on the record shows that the trial court rejected a request to do so. There is also no need to reverse the jury's assessment of fault, because they freely accepted or rejected the conflicting witness testimony in the underlying lawsuit. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Pickett, Filed On: April 17, 2024, Case #: CA-23-442, Categories: insurance, Vehicle, damages
J. Neubauer finds the lower court improperly found that an insurance policy did not cover the property owners’ claimed damages. Property owners of condominium units filed a complaint against an insurance company for damages to their units due to neglected repairs in common areas of the community. The lower court found the damages were the result of the condominium community’s repair decisions, and not an accident or single unforeseeable incident. The instant court finds water intrusion as a result of the repair decisions constitutes an occurrence, as steps were taken to address the underlying issues, and damage to the units was not anticipated. The court also finds the owners are not considered insureds, and are not subject to exclusions prohibiting their claims. The matter is remanded for further consideration. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Neubauer, Filed On: April 17, 2024, Case #: 2023AP1011, Categories: insurance, Real Estate, damages
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. Lemelle denies a request by an insurer to dismiss two homeowners’ breach of contract and bad faith claims related to their insurer’s alleged failure to compensate them for hurricane-related property damage. The insurer mistakenly contends the property owners’ insurance suit is time-barred for failure to provide notice of their claim within 365 days of the event. State law prohibits insurance policies from limiting its insured's right to sue to a period of less than two years.
Court: USDC Eastern District of Louisiana , Judge: Lemelle, Filed On: April 9, 2024, Case #: 2:23cv5396, NOS: Insurance - Contract, Categories: insurance, damages
J. McCalla determines how the funds should be paid in this interpleader case arising from an alleged arson fire and alleged theft at the House of Blues recording studio. One of the individual defendants, who leased a studio and certain equipment from the owner, should receive $2,066,217 of the Business Personal Property award, as his lease "did not terminate with the fire."
Court: USDC Western District of Tennessee , Judge: McCalla, Filed On: April 4, 2024, Case #: 2:20cv2834, NOS: Insurance - Contract, Categories: insurance, Property, damages
J. Brennen grants, in part, the insurer’s motion for partial summary judgment on counterclaims brought by a business owner in this insurance dispute after a fire damaged his apartment building. The court holds that the owner is barred from the 12-month cap in coverage on the business income, notes he failed to submit additional building repair to the appraisal panel, says his claim for mortgage interest is unsupported, and rules the unpaid business income he requests is based on gross income, not net computation. The insurer's motion to strike an affidavit of the owners managing member and expert witness are denied because the motion is harmless.
Court: USDC Northern District of Ohio, Judge: Bennan, Filed On: March 30, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: insurance, damages, Experts
J. Newey finds a lower court properly dismissed a life insurance company's challenge to imposed Value Added Tax. The life insurance company argued that revenue and customs authority overcharged it for performance fees plus VAT. However, revenue and customs sufficiently showed in court that the imposition was based on "taxable supply" for goods and services. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Newey, Filed On: March 26, 2024, Case #: CA-2023-861, Categories: insurance, Tax, damages
J. Leichty denies various insurers' motions for judgment as a matter of law. The owner of a warehouse whose property was damaged in a flood sued several insurance companies for breach of contract, which were found to be liable for various environmental and electrical damages. The jury was not unreasonable by taking the most conservative estimate for environmental remediation. The owner presented sufficient evidence for the jury to find the insurers acted in bad faith in coopting the expert engineer the owner hired for representation to protect the insurers.
Court: USDC Northern District of Indiana, Judge: Leichty , Filed On: March 22, 2024, Case #: 3:21cv227, NOS: Insurance - Contract, Categories: insurance, damages, Contract
J. Rodriguez partially grants summary judgment to a couple who — after being sued by a insurance company for which they were indemnitors through performance bonds issued by the insurance company — brought suit against other parties whom they in turn said had a duty to indemnify them. While the husband has established that he had “a valid and enforceable indemnity agreement,” the couple has not shown that the wife was party to this agreement.
Court: USDC Western District of Texas , Judge: Rodriguez, Filed On: March 11, 2024, Case #: 5:20cv1433, NOS: Other Contract - Contract, Categories: insurance, damages, Indemnification
J. Jolivette Brown denies a request by insurers to exclude the damage estimates of a certified public accountant for a high school suing a flooring company for fire damage to its gymnasium. The insurers argue a reasonable juror is capable of adding numbers and calculating the soft costs element, which requires one act of multiplication to obtain a 10% sub-amount. While a jury may be capable of adding and multiplying numbers, the fact that a “soft costs” calculation requires a 10% sub-amount is not within the common knowledge of lay person. As such, the expert’s testimony will assist the jury.
Court: USDC Eastern District of Louisiana , Judge: Jolivette Brown, Filed On: March 8, 2024, Case #: 2:22cv5292, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: insurance, damages, Experts
J. Settle grants the insurance company summary judgment against bad faith, Insurance Fair Conduct Act and Washington Consumer Act claims in the nonprofit corporation's complaint that the insurance company wrongfully refused to defend the nonprofit in an underlying lawsuit. The insurance company has no duty to defend the nonprofit because the potential of a warrant of abatement and the cost of permits to continue using the property as a shooting range do not qualify as damages under the insurance policies.
Court: USDC Western District of Washington, Judge: Settle, Filed On: February 29, 2024, Case #: 3:11cv5021, NOS: Insurance - Contract, Categories: insurance, damages, Contract