7 results for 'cat:"Insurance" AND cat:"Premises Liability"'.
J. Casper partially denies motions to dismiss brought forth by insurance companies against a representative of an estate suing them after her husband, the decedent, was killed due to injuries from a workplace accident and the insurance companies denied the representative’s request for coverage at their full policy limits. The statute of limitations isn’t based on when it became clear to the representative that the insurance companies were liable, but rather upon the insurance companies’ failure to respond to the representative’s settlement demands.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 13, 2024, Case #: 1:23cv11594, NOS: Insurance - Contract, Categories: insurance, Wrongful Death, premises Liability
J. Navarro grants State Farm's motion for summary judgment on it action seeking clarification of its duties to defend and indemnify the law firm and lessor of an airplane hangar pursuant to an insurance policy issued for potential liabilities stemming from a state suit filed by the LLC formed by the law firm's principles against the firm. Firm employees, who were directed to move files and personal vehicles from the hangar, moved the plane owned by the LLC without authorization. The plane was damaged and State Farm rejected the LLC's demand for reimbursement. The firm, through its employees, had exclusive control of the plane when the damage occurred, and the contractual care, custody and control exclusion applies.
Court: USDC Nevada, Judge: Navarro , Filed On: February 29, 2024, Case #: 2:22cv1015, NOS: Insurance - Contract, Categories: insurance, premises Liability
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
[Consolidated.] J. Jantz alternately grants and denies multiple motions enumerated across two near-identical opinions, each concerning a nursing home worker who was injured when the elevator she was on unexpectedly fell several stories. Several of the elevator corporation's indemnification and breach of contract claims against the nursing home worker's employer are dismissed, but the corporation is entitled to summary judgment on its failure to procure insurance claim against the employer.
Court: USDC Northern District of Illinois, Judge: Jantz, Filed On: August 23, 2023, Case #: 1:20cv6699, NOS: Other Personal Injury - Torts - Personal Injury, Categories: insurance, Indemnification, premises Liability
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. Laplante denies a couple’s claim that, following the wife suffering injuries from slipping and falling at a bar, its insurance provider is required to pay the almost $400,000 judgment against the bar to plaintiffs. The insurer wasn’t notified of the incident until approximately four months after the default judgment was entered, and while there are narrow circumstances that would require an insurer to cover a judgment even with a delay, those circumstances weren’t present in this case and there was no rationale to justify the delay.
Court: USDC New Hampshire, Judge: Laplante, Filed On: May 22, 2023, Case #: 1:21cv846, NOS: Insurance - Contract, Categories: insurance, premises Liability