21 results for 'cat:"Insurance" AND cat:"Jurisdiction" AND cat:"Contract"'.
J. Wright finds that the lower court properly granted the insurer's motion to dismiss a petition seeking coverage for the debtors' liability in the opioid mass tort claims, liabilities which were assumed by the trust in bankruptcy proceedings. The insurer's policy contains a forum selection clause clearly stating that disputes arising under those contract to be litigated in the courts of England or Wales. Affirmed.
Court: Missouri Court Of Appeals, Judge: Wright, Filed On: March 5, 2024, Case #: ED111765, Categories: insurance, jurisdiction, contract
J. Rice denies the insureds' motion to remand their complaint alleging that the insurance company wrongfully denied the insureds coverage after they underwent independent medical examinations following their involvement in a roll-over automobile accident. The insureds' argument that the insurance company's estimation of damages is too speculative is also based on conjecture. The insurance company has successfully established diversity of the parties and that the amount in controversy exceeds $75,000.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: February 14, 2024, Case #: 2:23cv341, NOS: Insurance - Contract, Categories: insurance, jurisdiction, contract
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. Robart grants the driver's motion to remand his complaint alleging that the insurance company must pay more than the offered $600,000 to settle their underlying lawsuit involving a car collision. The insurance company argues that its client's citizenship should be ignored because she is a nominal party or was fraudulently joined, but neither issue provides an exception to the one-year deadline for removal that the insurance company missed.
Court: USDC Western District of Washington, Judge: Robart, Filed On: February 7, 2024, Case #: 2:23cv1642, NOS: Insurance - Contract, Categories: insurance, jurisdiction, contract
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss and motion to quash in a dispute with the health care organization over claims stemming from an insured's car accident. Because the organization failed to file an affidavit or other proof refuting the company's claim that the trial court lacked personal jurisdiction because, as an Ohio-based company, it lacks sufficient business connections in Florida to be sued there, the organization failed to meet its burden. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: January 17, 2024, Case #: 23-0001, Categories: insurance, jurisdiction, contract
J. Robart grants the insured's motion to remand his complaint claiming that the insurance company is obligated to cover his claim for an accident with an at-fault, underinsured motorist. The insured successfully argues that he raises a viable common law bad faith insurance claim against the insurance company's adjuster, and thus there is no fraudulent joinder to justify keeping this case in federal court.
Court: USDC Western District of Washington, Judge: Robart, Filed On: December 8, 2023, Case #: 2:23cv1575, NOS: Insurance - Contract, Categories: insurance, jurisdiction, contract
J. Murphy denies an insurance company's motion to dismiss this suit over its denial of coverage to an insured law firm that was found guilty of legal malpractice. While the insurance company repeatedly denied coverage more than four years ago — and claims this suit is barred by Pennsylvania’s four-year statute of limitations for breach of contract — the denial letters focused on misappropriation claims rather than the legal malpractice claims brought up here.
Court: USDC Eastern District of Pennsylvania, Judge: Murphy, Filed On: November 16, 2023, Case #: 2:23cv397, NOS: Other Contract - Contract, Categories: insurance, jurisdiction, contract
J. Fernandez finds the public adjusting firm is entitled to a writ of prohibition in its lawsuit against the condo association regarding its right to payment related to work it did adjusting the association's hurricane insurance claim against an insurance company. The trial court does not have jurisdiction to adjudicate the firm's lien or any issues related to its agreement with the association, so the firm's petition for a writ of prohibition on those matters is granted.
Court: Florida Courts Of Appeal, Judge: Fernandez, Filed On: August 16, 2023, Case #: 23-0354, Categories: insurance, jurisdiction, contract
J. Mannion grants a policyholder's motion to remand insurance contract claims to Lackawanna County since she properly joined the claims adjuster, who "destroys diversity," based on allegations that he attempted to threaten and harass her during an interview to discourage her from pursuing claims for fire damages to her vehicle.
Court: USDC Middle District of Pennsylvania, Judge: Mannion, Filed On: July 21, 2023, Case #: 3:23cv247, NOS: Insurance - Contract, Categories: insurance, jurisdiction, contract
J. Tostrud grants the insurer's motion to dismiss claims brought against it by the insured seeking coverage for a fire at the insured's apartment building. The policy at issue in this motion, part of a suit against the building's four different insurers, includes a forum-selection provision requiring that claims against the insurer be brought in New York state courts. The policy also is not a contract of adhesion under Minnesota law.
Court: USDC Minnesota, Judge: Tostrud, Filed On: July 11, 2023, Case #: 0:23cv218, NOS: Insurance - Contract, Categories: insurance, jurisdiction, contract
J. Erickson finds a lower court properly dismissed an estate administrator's contract claims against an insurance company. The estate administrator argued that the insurance company is obligated to pay underinsured benefits to the estate after his son died in a charter bus crash in British Columbia. However, the insurance company sufficiently showed in court that British Columbia law determines the extent of recoverable damages based on personal jurisdiction over the driver and bus company. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: June 20, 2023, Case #: 22-3305, Categories: insurance, jurisdiction, contract