15 results for 'cat:"Insurance" AND cat:"Real Estate"'.
J. Neubauer finds the lower court improperly found that an insurance policy did not cover the property owners’ claimed damages. Property owners of condominium units filed a complaint against an insurance company for damages to their units due to neglected repairs in common areas of the community. The lower court found the damages were the result of the condominium community’s repair decisions, and not an accident or single unforeseeable incident. The instant court finds water intrusion as a result of the repair decisions constitutes an occurrence, as steps were taken to address the underlying issues, and damage to the units was not anticipated. The court also finds the owners are not considered insureds, and are not subject to exclusions prohibiting their claims. The matter is remanded for further consideration. Reversed in part.
Court: Wisconsin Court of Appeals, Judge: Neubauer, Filed On: April 17, 2024, Case #: 2023AP1011, Categories: insurance, real Estate, Damages
J. Godbey finds that a property owner that submitted an insurance claim for damages after discovering that an easement for a gas line on a recently purchased property may continue litigation on the claim that the insurance company breached a contract by not fully compensating plaintiff for damages related to the adverse interest in the property. The insurance company failed to adequately show that it met all contract obligations to the property owner. Summary judgment is granted to the insurance company on three other claims by the property owner, but breach of contract survives.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: April 11, 2024, Case #: 3:21cv2837, NOS: Insurance - Contract, Categories: insurance, real Estate, Contract
J. Swain partially denies class claims stemming from a lender's imposition of force placed insurance on a property under a reverse mortgage. The lender admitted it had wrongfully charged the property owner for the force placed insurance, but did not credit back the related fees and interest charged to her. The homeowner adequately states a claim for violations of the Real Estate Settlement Procedures Act for the lender's failure to terminate the force-placed insurance within 15 days of written notice and proof of insurance.
Court: USDC Southern District of New York, Judge: Swain, Filed On: March 27, 2024, Case #: 1:20cv9281, NOS: Other Statutory Actions - Other Suits, Categories: insurance, real Estate, Class Action
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J. Partida-Kipness finds that the lower court improperly granted summary judgment to the insurance provider in this coverage dispute stemming from a tornado that allegedly damaged the appellants' home. The court concludes that the term "windstorm," as it appears in the insurance policy, is ambiguous and that the appellants' interpretation was reasonable. Reversed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: January 29, 2024, Case #: 05-22-00963-CV, Categories: insurance, real Estate
J. Africk denies a request by the lessor of land underneath a 19-story office tower to dismiss state law unfair trade practice claims by the owner and developer of the building, arising from a dispute over insurance provisions of a ground lease. The text of the contract cited by the lessor is ambiguous and dismissal of the building owner’s unfair trade practice claim based on the phrase "reasonably obtainable" would be inappropriate at this time.
Court: USDC Eastern District of Louisiana , Judge: Africk, Filed On: November 20, 2023, Case #: 2:23cv2085, NOS: Other Contract - Contract, Categories: insurance, real Estate, Contract
J. Breen partially grants the defendant insurance company's dismissal motion in this breach of contract lawsuit brought by a property owner whose properties were allegedly damaged by a tornado. The property owner's claim under the Unlawful Insurance Act does not apply to the insurer. Additionally, the company's dismissal motion regarding certain counts is converted to a motion for summary judgment, and the property owner will be given time "to file a rebuttal."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: October 12, 2023, Case #: 1:23cv1047, NOS: Insurance - Contract, Categories: Civil Procedure, insurance, real Estate
J. DuBose denies the homeowners their motion to dismiss an insurance company's declaratory judgment to determine the parties’ rights, duties, and obligations under a title insurance policy. The insurance company has plausibly alleged that the obligations are terminated under the terms of the policy. The underlying state court action seeking rescission is still ongoing, so the stay motion will be granted based on ripeness grounds.
Court: USDC Southern District of Alabama, Judge: DuBose, Filed On: September 20, 2023, Case #: 1:23cv32, NOS: All Other Real Property - Real Property, Categories: Civil Procedure, insurance, real Estate
J. Nye denies in part a title insurance company's motion for summary judgment and grants in part insureds' cross-motion for summary judgment in an insurance policy dispute. The insurance company argues that it has fulfilled all demands when it issued payment to the insureds to reimburse them for legal fees accrued in an underlying matter. The insureds contend the damages paid were insufficient. A material dispute exists regarding
the amount of legal fees owed
Court: USDC Idaho, Judge: Nye, Filed On: July 31, 2023, Case #: 4:19cv112, NOS: Insurance - Contract, Categories: insurance, real Estate
J. Frink Wolf grants an insurance company’s motion for reimbursement for money it spent towards quieting the title of a property sold by one of the property’s prior residents. The insurance company seeks $143,924.13, which is granted because it would likely receive a judgment of an equal or greater sum.
Court: USDC Maine, Judge: Frink Wolf, Filed On: June 19, 2023, Case #: 2:23cv26, NOS: Other Contract - Contract, Categories: insurance, Property, real Estate