74 results for 'cat:"Insurance" AND cat:"Negligence"'.
J. King finds in favor of the insurance company on the fraud claim in the insured's complaint alleging that the insurance company must provide more coverage for an accident caused by an underinsured motorist. The insureds' claims for bad faith, negligence, fraud, Insurance Fair Conduct Act and Consumer Protection Act are all time-barred.
Court: USDC Western District of Washington, Judge: King, Filed On: May 13, 2024, Case #: 2:23cv873, NOS: Insurance - Contract, Categories: Fraud, insurance, negligence
J. Barnes finds the district court improperly found in favor of the insurance claimant. The adult son was injured in an accident arising from his mother's loss of control of her vehicle and filed a negligence suit against her. She filed a third-party petition against the insurer alleging breach of contract and bad faith, and was awarded compensatory and punitive damages, as well as attorney fees. The mother's argument the insurer failed to indemnify her because it denied coverage prior to suit is without merit. There is no basis for her claim the insurer breached its duty of good faith and fair dealing. Reversed.
Court: Oklahoma Courts Of Appeal, Judge: Barnes , Filed On: May 9, 2024, Case #: 120117, Categories: insurance, negligence, Contract
J. Silva grants the underwriter's motion for summary judgment. Injury claims were brought against the party rental company after its "trackless train" ride turned over when the driver took it down a steep decline. The company's business license was expired at the time of the accident and the underwriter declined coverage. Nothing in the record disputes the underwriter learned of the company's lack of license after the accident, and that it then stopped collecting premiums. The underwriter did not waive its right to cancel coverage prior to defending the claim.
Court: USDC Nevada, Judge: Silva , Filed On: May 3, 2024, Case #: 2:22cv1884, NOS: Insurance - Contract, Categories: insurance, negligence, Contract
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J. Gottschall partially grants motions for summary judgment from both an insurance company and a consumer, in this suit over whether the company inappropriately called the consumer despite his number being registered in its “do not call” list. The court grants the consumer’s motion for judgment on the claim that the insurer’s actions were knowing and willful, and for his claim that the insurance company is liable for its contractors contacting the consumer. The court also dismisses a failure-to-identify claim against the insurance company, as the consumer has willingly abandoned it.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: March 28, 2024, Case #: 1:20cv7091, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Communications, insurance, negligence
J. Moon denies the fire safety company's motion to dismiss contract claims. After a fire started in a kitchen covered by the insurance company, the fire safety company's fire impression system did not discharge, the alarm sensor did not alert the local fire department, and the sprinklers took 45 minutes to start working. The insurance company has pled enough facts that was owed an obligation to have functioning equipment.
Court: USDC Western District of Virginia, Judge: Moon, Filed On: March 28, 2024, Case #: 6:23cv33, Categories: insurance, negligence, Contract
Per curiam, the appellate division finds that the trial court properly granted indemnification to the construction manager on a project to fix school sidewalks in negligence claims brought after a teacher fell due to the drop-off between the sidewalk and grass. The construction manager only had general supervisory powers over the contractors, and the subcontractor "left the area in a more dangerous condition than when the project started." Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: March 22, 2024, Case #: CA 23-00598, Categories: Construction, insurance, negligence
J. Brown refuses to remand an individual's action against an insurer in connection with his negligence case. The district court has diversity jurisdiction, and the amount in controversy exceeds $75,000.
Court: USDC Northern District of Texas , Judge: Brown, Filed On: March 22, 2024, Case #: 3:23cv1455, NOS: Motor Vehicle - Torts - Personal Injury, Categories: insurance, negligence, Jurisdiction
J. Xinies denies an insurer and its third-party vendor’s motion for summary judgment in this class Telephone Consumer Protection Act action brought by an insured. The consumer was in a vehicle accident and contacted his insurer to start a claim, the following day the vendor started contacting by a voice recording phone call in an attempt to schedule an independent medical exam. The insurer was to contact the attorney regarding the vehicle accident and consumer. Therefore, a factfinder could find that the vendor was undermining any claims by contacting the consumer and not his attorney.
Court: USDC Maryland, Judge: Xinis, Filed On: February 14, 2024, Case #: 8:21cv2746, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: insurance, Vehicle, negligence
J. Andrews finds a lower court properly dismissed a client's professional negligence claims against a law firm. The client, who underwent an amputation of her leg after she was injured on holiday in Turkey, argued that she was entitled to pursue personal injury claims against a travel agent's insurance company. However, the insurance company sufficiently showed in court that she failed to promptly notify it. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Andrews, Filed On: February 1, 2024, Case #: CA-2022-1731, Categories: insurance, negligence
J. Blane grants an engineering company dismissal of claims brought after plaintiff was denied insurance coverage for hail damage sustained to his roof because damages were purely economic, and the economic loss doctrine barred recovery claims from being brought against the engineering firm. Affirmed.
Court: Iowa Court Of Appeals, Judge: Blane, Filed On: January 24, 2024, Case #: 22-1861, Categories: insurance, Property, negligence
J. Southwick finds the district court improperly held the contract to inspect and repair lifeboats on oil platforms is not a maritime contract. After two workers were killed in a lifeboat accident, the district court decided that since the vessel itself was not engaged in maritime commerce the contract is not a maritime contract, which effects whether indemnity might be owed. Though the platform itself may or may not be considered a vessel, depending on if its legs are attached to the sea floor, the lifeboats themselves are not required to be engaged in maritime commerce. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: January 11, 2024, Case #: 22-30582, Categories: insurance, Maritime, negligence
J. Bender finds that the trial court properly granted a group of tenants’ motion for judgment on the pleadings regarding their liability for a fire loss purportedly caused by the tenants’ failure to monitor a lit candle. Because their landlord agreed to be responsible for the home insurance, the tenants are implied co-insureds on the policy and the insurance company cannot pursue a subrogation claim against them. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bender, Filed On: December 4, 2023, Case #: J-A16024-23, Categories: insurance, negligence, Premises Liability
J. Torresen denies in part an insurance company’s motion for summary judgment against one of its insureds who accidentally caused a tree to fall and both the tree and his father’s visiting friend to be dragged by his truck, seriously injuring his father’s friend. While the insurance company says it wishes to be exempted from defending its insured, it doesn’t articulate arguments to support such an exemption.
Court: USDC Maine, Judge: Torresen, Filed On: November 29, 2023, Case #: 2:23cv148, NOS: Insurance - Contract, Categories: insurance, negligence, Indemnification
J. McAvoy grants summary judgment to a power company on an insurer’s negligence claims, finding the insurer, as subrogee, failed to provide sufficient evidence to prove the source of a fire that damaged an insured’s commercial building was caused by a faulty electrical meter.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: November 29, 2023, Case #: 5:21cv374, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: insurance, negligence
J. Vascura denies, in part, the power supply manufacturer's motion for judgment on the pleadings on a fraud claim related to defective batteries. The stark difference between the condition of the batteries, including bulging cases and visible cracks, and the fully operational status reported by the manufacturer's inspectors just weeks before the failure is sufficient to allow the claim to proceed.
Court: USDC Southern District of Ohio, Judge: Vascura, Filed On: November 28, 2023, Case #: 2:23cv1398, NOS: Torts to Land - Real Property, Categories: Fraud, insurance, negligence