9 results for 'cat:"Insurance" AND cat:"Sanctions"'.
J. Cain orders a bankrupt Texas law firm and its former attorney to pay an insurer $3,000 in sanctions for its attorney’s misconduct in Louisiana. The award represents legal fees and costs the insurer expended defending a suit filed by the firm and its lawyer on behalf of a former client who had already settled her hurricane-related claims against the insurer three months before the suit was filed. The firm's former lawyer provides “no adequate excuse” for failing to contact his former client before filing suit.
Court: USDC Western District of Louisiana , Judge: Cain, Filed On: May 21, 2024, Case #: 2:22cv3375, NOS: Insurance - Contract, Categories: insurance, sanctions, Attorney Discipline
J. Winmill grants an insurance company's motion for expenses regarding an improperly terminated disposition. The disposition regarding a car collision was terminated by counsel when the passenger in the car, who suffered severe memory loss, was being asked about insurance claims documents and was about to be shown those documents. The attorney alleges that the insurer failed to lay the proper foundation for refreshing a witness' recollection with a document. The attorney has not shown that the insurer's counsel's questioning rose to the level of bad faith or oppressiveness. The "unilateral termination of the...disposition was therefore unjustified and warrants sanctions."
Court: USDC Idaho, Judge: Winmill, Filed On: April 24, 2024, Case #: 1:21cv498, NOS: Other Contract - Contract, Categories: insurance, sanctions, Contract
J. Dorsey denies Travelers’ motion for attorney fees in the insurance dispute arising from a claim for water damage to a rooftop swimming pool under renovation. Travelers requested over $2 million in fees after the dispute was finally settled by a timelapse video showing that a tarp was not in place over the pool after the hotel owner had claimed that all precautions were taken. Both parties committed errors during discovery. Travelers has not proven entitlement to sanctions. The judge refers to the case as “bungled,” and “a colossal waste of resources.”
Court: USDC Nevada, Judge: Dorsey, Filed On: September 29, 2023, Case #: 2:16cv2933, NOS: Insurance - Contract, Categories: insurance, sanctions, Discovery
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J. Breen partially grants the defendant insurance group's motion and dismisses Count 5 of this complaint with prejudice. The Unlawful Insurance Act does not apply to the defendant, as it "only applies to insureds." Also, the plaintiff steakhouse and its counsel must show cause "why they should not be sanctioned for misleading the court."
Court: USDC Western District of Tennessee , Judge: Breen, Filed On: September 19, 2023, Case #: 1:23cv2191, NOS: Insurance - Contract, Categories: Civil Procedure, insurance, sanctions
J. Kirsch grants a nursing home sanctions in claims seeking a determination of whether the family of a now-deceased resident owes funds for the cost of care and residence. The decedent's son, a licensed attorney, has tried to obfuscate or delay resolution by failing to comply with discovery concerning funds held in the accounts.
Court: USDC New Jersey, Judge: Kirsch , Filed On: September 15, 2023, Case #: 3:18cv16020, NOS: Other Contract - Contract, Categories: insurance, sanctions
J. Gonzalez grants Allstate's motion for judgment on the pleadings, ruling the policyholder's Trade Practices and Fraud Act and contract claims are barred by the 4-year statute of limitations, which ended more than two years prior to the filing of the lawsuit. Furthermore, Allstate is entitled to sanctions, as the lawsuit was baseless and arguments made by the policyholder were legally unsupported and frivolous.
Court: USDC New Mexico, Judge: Gonzalez, Filed On: August 31, 2023, Case #: 1:22cv968, NOS: Insurance - Contract, Categories: insurance, sanctions, Contract