10 results for 'cat:"Insurance" AND cat:"Injunction"'.
J. Johnston grants the air ambulance service's motion for summary judgment in its suit challenging the West Virginia Insurance commissioner's enforcement of the Air Ambulance Protection Act. Using the 1993 film '"Groundhog Day" as a backdrop, the court finds the insurance commissioner's continuous attempt to declare the membership-based EMS service as being in the business of insurance futile, since the Airline Deregulation Act of 1978 preempts AAPA.
Court: USDC Southern District of West Virginia, Judge: Johnston , Filed On: March 26, 2024, Case #: 2:21cv105, NOS: Other Statutory Actions - Other Suits, Categories: Health Care, insurance, injunction
J. Walker finds that the district court properly denied a preliminary injunction to enforce a duty to defend under a directors and officers liability insurance policy covering an independent director sued in an adversarial proceeding in bankruptcy court. No abuse of discretion occurred in the denial, as the director sought a mandatory injunction but failed to meet its heightened standards for a clear showing of likely success on the merits and of irreparable harm. Furthermore, the director's entry into a settlement agreement with the bankruptcy trustee did not moot the appeal. Affirmed.
Court: 2nd Circuit, Judge: Walker, Filed On: March 18, 2024, Case #: 23-690, Categories: Bankruptcy, insurance, injunction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Garaufis grants Allstate's motion for a preliminary injunction and issues a stay on 40 separate pending arbitration proceedings filed by a group of health care providers whom the insurer alleges participated in a no-fault insurance fraud scheme. The insurer successfully argues that, without a stay, the proceedings could result in dozens of inconsistent awards and ultimately make it difficulty to obtain a favorable ruling on its claim for declaratory relief, which seeks a declaration that the providers have no right to receive reimbursement for any unpaid bills they submitted previously.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: January 8, 2024, Case #: 1:23cv6572, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: insurance, injunction
J. Shaw finds the lower court improperly issued a stay in an insurance company’s motion for injunctive relief against prior employees who are accused of stealing customers. The stay was issued to allow counter claims filed by the prior employees to investigate criminal charges against the insurance but were found meritless.
Court: Alabama Supreme Court, Judge: Shaw, Filed On: August 25, 2023, Case #: SC-2022-0939, Categories: Employment, insurance, injunction
Per curiam, the appeals court finds that the trial court improperly partially denied the hospital's motion for partial summary disposition in an injunctive relief action against the company. The action arose after the company claimed to be unable to process or assign an insurer to the hospital's claim for benefits seeking to be reimbursed for medical services. The trial court incorrectly denied the hospital's motion with regard to its claim for penalty interest and attorney fees. The company's actions in claiming that the hospital could not gather information from third parties to help determine whether the injured individual was ineligible for benefits prejudiced the hospital's ability to claim timely payment. Reversed in part.
Court: Michigan Court of Appeals, Judge: Per curiam, Filed On: June 22, 2023, Case #: 361109, Categories: insurance, injunction