86 results for 'cat:"Insurance" AND cat:"Indemnification"'.
J. Vos finds a lower court properly dismissed an offshore construction management company's motion for indemnification against an insurance company. The construction management company argued that the insurer was obligated to provide indemnification after it crashed into a platform, which resulted in damage to its vessel. However, the insurance company sufficiently showed that the offshore contractor was not the "principal insured" on the policy. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Vos, Filed On: May 9, 2024, Case #: CA-2023-1683, Categories: insurance, Maritime, indemnification
J. Rayes grants an insurance company's motion for summary judgment concerning claims that it has no duty to indemnify a human tissue laboratory owner, who engaged in misuse of donated bodies. The insurance company sufficiently showed in court that the laboratory owner was not insured under the policy at the time he was encouraging people to donate relatives bodies for alleged scientific research.
Court: USDC Arizona, Judge: Rayes, Filed On: April 30, 2024, Case #: 2:21cv1251, NOS: Insurance - Contract, Categories: insurance, indemnification
J. Lee finds that the lower court properly found for the insurers in a declaratory judgment action over the insurer's obligation to defend a construction company in an underlying suit filed by the city after it found cracks in the welds of steel columns at O'Hare International Airport. The defects in the welds do not constitute "property damage" under the welder's commercial liability policies because there was no physical injury to any building elements beyond the steel columns with the faulty welds. Affirmed.
Court: 7th Circuit, Judge: Lee, Filed On: April 29, 2024, Case #: 23-1662, Categories: insurance, indemnification, Contract
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J. Carlos grants an insurance company’s motion for default judgment stating that it has no duty to defend or indemnify a construction company in an underlying state court matter in which a worker was severely injured when the below-ground-level trench collapsed on him. The construction company eventually stopped all communication with its counsel, opposing counsel, and the court, supporting an entry of default judgment.
Court: USDC Eastern District of Pennsylvania, Judge: Carlos, Filed On: April 26, 2024, Case #: 2:22cv4936, NOS: Insurance - Contract, Categories: insurance, Tort, indemnification
J. Sykes finds that the lower court properly found for the insurer, ruling that its policy with a dialysis provider contains a bacteria exclusion that precludes coverage of a $2 million judgment against the provider stemming from a patient's sepsis diagnosis after suffering repeated infections resulting from his dialysis treatment. The bacteria exclusion plainly applies, and the insurer was not required to conduct any further investigation into the man's claims before denying coverage. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: April 24, 2024, Case #: 22-1983, Categories: insurance, indemnification, Contract
J. Young grants the insurance company's motion to dismiss an indemnification suit. The transport manager hired to haul construction equipment suffered an injury offloading when the site supervisor improperly used a Bobcat to take heavy amounts of rebar off a truck bed. The improper use, failing to lower the hydraulic lift cylinder to balance the weight of the load, caused the Bobcat to tip over, releasing the stack of rebar onto the manager. This caused a fractured left ankle, a fractured arm requiring surgery and permanent crush injuries to his left foot. The manager's insurance policy covered incidents from the insured tractor-trailer, not the Bobcat.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: April 23, 2024, Case #: 3:23cv67, NOS: Insurance - Contract, Categories: Construction, insurance, indemnification
J. Lawrence finds that the lower court properly granted the insurance company's motion for summary judgment in this declaratory judgment action regarding its duty to indemnify an individual in a separate wrongful death case. The lower court did not err in its determination that the individual was not covered under the company's business owners insurance policy, based on his alleged conduct, which was not related to the business. Affirmed.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: April 18, 2024, Case #: 2024ME28, Categories: insurance, indemnification
Per curiam, the appellate division finds that the lower court properly found for the insurer in a suit seeking indemnification for a bodily injury suit arising from unloading property from a vehicle. The injured worker in the underlying suit fell when a co-worker dropped an iron beam they were unloading from a truck, so the policy's auto exclusion applies. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 16, 2024, Case #: 02030, Categories: insurance, indemnification
J. Hanen allows a driver, injured in an accident and alleging that an underinsured motorist is at fault, to nonsuit claims for past and future medical expenses and grants him leave to file a third amended complaint. However, the insurance company, defendant, has used expert analysis of the injured driver’s past and future medical cost claims in their defense and the court will allow that evidence heard because it relates to the contested points of the case.
Court: USDC Southern District of Texas, Judge: Hanen, Filed On: March 29, 2024, Case #: 4:21cv1946, NOS: Insurance - Contract, Categories: insurance, indemnification
Per curiam, the circuit finds that the district court properly dismissed claims seeking indemnification against class claims contending sanitizing wipes had been misleadingly advertised during the Covid-19 pandemic. The manufacturer, which lacked government review or approval, cited a disparagement clause in the insurance policy, but the claims did not present a possible factual or legal basis to support a defense for personal and advertising harm. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 29, 2024, Case #: 23-1241-cv, Categories: insurance, indemnification, False Advertising
J. Hanks finds that an insurance company was not required to defend a student in a case involving the student and his friend taking LSD, after which the friend suffered a paralyzing injury. The injury occurred in the student’s parents’ home, and their homeowners’ insurance policy included an exclusion for claims arising out of the use of a controlled substance. The student did not immediately seek medical attention and moved his injured friend without neck support, possibly exacerbating the injury. The student’s failure to seek immediate medical assistance is conceivably related to his own ingestion of LSD, so the exclusion is relevant.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: March 28, 2024, Case #: 4:21cv2744, NOS: Insurance - Contract, Categories: insurance, indemnification
J. Schopler partly grants the homeowners' motion for summary judgment on their claims of failure to defend and indemnification against the insurer for a renovation company that damaged the homeowners' duplex during a remodel. The homeowners sufficiently show that their duplex is in fact a two-unit apartment and damage caused to apartments is covered under the insurance company's policy with the renovation company.
Court: USDC Southern District of California, Judge: Schopler, Filed On: March 25, 2024, Case #: 3:22cv1221, NOS: Insurance - Contract, Categories: insurance, indemnification
J. Traum grants the insurer's motion for summary judgment. The driver's personal insurer brings this claim against the insurer of his company seeking equitable indemnity or subrogation for a payment of uninsured motorist coverage benefits. The driver incurred more than $1 million in injuries while driving for a company insured by the accused insurer. The driver's personal insurer seeks to recover the $250,000 it paid under the policy limit. The insurers had a sufficient relationship to permit equitable relief. The driver's insurer's prompt resolution of claims further supports finding the accused insurer should indemnify.
Court: USDC Nevada, Judge: Traum , Filed On: March 22, 2024, Case #: 2:22cv1133, NOS: Insurance - Contract, Categories: Employment, insurance, indemnification
J. Proctor grants an insurance company’s renewed motion for summary judgment in this general liability insurance dispute with a properties company and its owner. The insured failed to show that the insurer is duty bound for indemnification and failed to provide a reasonable excuse for delay notice. Therefore, the insurer is not obligated to defend or indemnify the insured with respect to underlying claims and arbitration.
Court: USDC Northern District of Alabama , Judge: Proctor, Filed On: March 15, 2024, Case #: 2:22cv738, NOS: Insurance - Contract, Categories: insurance, indemnification
J. Nardacci preserves for trial claims that seek to hold a fabric dome installation company liable for the collapse of an air-supported sports dome at Utica College due to excess snow, which resulted in more than $3 million in damages. The court rules that the college’s insurer is entitled to seek compensation for the losses to the college’s equipment located inside the dome, which were damaged in the accident. The court further grants summary judgment to the college’s cleaning services company on the manufacturer’s claims for contribution and indemnification, finding the college’s cleaning company was not responsible for the dome’s collapse.
Court: USDC Northern District of New York, Judge: Nardacci, Filed On: March 12, 2024, Case #: 6:20cv496, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: insurance, Product Liability, indemnification
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
Per curiam, the appellate division finds that the lower court improperly granted the insurer's motion for summary judgment on the dental office's claim for indemnification in an underlying action. The insurer has not established that the prior publication exclusion precludes indemnification. While the image of the plaintiff in the underlying action was first used in 2009, it is unclear that the publications attached to the complaint, which were retrieved in 2018, consisted of the same material. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 5, 2024, Case #: 01163, Categories: insurance, indemnification
J. Alonso grants an insurance company’s motion for reconsideration of a prior judgment, and denies a condiment packaging company’s motion for relief from a prior judgment. This case stems from an underlying Biometric Information Privacy Act class action the condiment company’s employees brought against it in 2021. The company argued the insurance company was obliged to indemnify it in this suit; the insurance company denied that obligation and sought a declaratory judgment from the court to back up its denial. The court previously declined to rule in favor of the insurance company, but on reconsideration now rules it has no duty to indemnify the condiment firm.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: February 27, 2024, Case #: 1:22cv1334, NOS: Insurance - Contract, Categories: insurance, Privacy, indemnification
J. Boyd grants the liability insurance agencies' petition for a writ of mandamus, ensuring that that they are not binded by a settlement agreement that was formed in prior litigation between an energy company and an investment fund group. The energy company was covered by the insurers, leading the investment group to sue them to recover damages. The agencies should be protected from being bound to the settlement agreement and the court of appeals improperly denied their petition.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0872, Categories: insurance, Settlements, indemnification
J. Marks declines to grant judgment on the pleadings in favor of four people involved in a car wreck, who challenge the insurer’s declaratory judgment action seeking a decision that it has no obligation to defend or indemnify the insureds in the underlying lawsuit. One insured person’s son was driving at the time, caused the car collision and was not listed as a driver on the policy.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 16, 2024, Case #: 1:22cv197, NOS: Insurance - Contract, Categories: insurance, Vehicle, indemnification
J. Gayles dismisses the medical clinics and professionals' suit against the insurance underwriters seeking a declaration that the underwriters have a duty to defend and indemnify them in actions alleging that they engaged in a scheme to collect personal injury protection benefits for services that were either not medically necessary or not provided to patients involved in auto accidents. The plain language of the providers' insurance policy excludes all of the claims in the underlying suit from coverage.
Court: USDC Southern District of Florida, Judge: Gayles, Filed On: February 14, 2024, Case #: 1:20cv23592-DPG, NOS: Insurance - Contract, Categories: insurance, indemnification