42 results for 'cat:"Insurance" AND cat:"Settlements"'.
Per curiam, the appeals court finds the trial court improperly granted a motion to enforce a settlement agreement in a lawsuit over injuries a motorist sustained in a car collision. Because the insurance company of the driver who injured the motorist did not disclose an additional policy held by the driver's co-defendant before the motorist settled, an essential term of the motorist's offer to settle was violated, making the underlying settlement unenforceable. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 1, 2024, Case #: 22-1749, Categories: insurance, settlements
J. Aslan grants a motion to enforce the settlement agreement in this subrogation action between an insurer and a company stemming from damage to the insurer’s property allegedly caused by the company’s negligence. The parties agreed to the settlement amount of $240,000, but at the time of the transfer an imposter posing as the insurer’s counsel intercepted the funds. Therefore, the fraudulent actions happened after the contract was in force. The court orders the company to pay the insurer $240,000 and denies the insurer’s request for costs, attorney fees and interest.
Court: USDC Maryland, Judge: Aslan, Filed On: April 29, 2024, Case #: 1:23cv1783, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: insurance, settlements, Contract
J. Griffith finds that a law firm may have breached the standard of care owed by Delaware attorneys in representing an insurance company in claims contending a new employee breached the non-compete agreement with his prior employer, a competing insurer. The trial court failed to acknowledge the negative effects of the law firm's discovery deficiencies on the summary judgment proceedings in chancery court, which cost the insurer significant damages in fees and costs and a $1.2 million settlement.
Court: Delaware Supreme Court, Judge: Griffiths, Filed On: April 19, 2024, Case #: 213, 2023, Categories: insurance, settlements, Legal Malpractice
J. Rosenthal finds for an insurance company on its claim against another insurer for the $1 million it paid to settle a car collision case, along with $169,000 in attorney fees and costs. The other insurer's policies completely cover the settlement at issue.
Court: USDC Eastern District of California, Judge: Rosenthal, Filed On: April 19, 2024, Case #: 1:18cv1319, NOS: Insurance - Contract, Categories: insurance, settlements, Attorney Fees
J. Lasnik approves the settlement agreement for the insured's class action accusing the health insurance company of improperly excluding all benefits for treatment of hearing loss, except for cochlear implants. The agreement came from arms-length bargaining after sufficient discovery and other litigation activity, and though the insureds believe that their claims have a strong likelihood of success, there is the likelihood of "complex questions of federal and state anti-discrimination law and insurance regulation, damages calculations and class certification issues."
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 18, 2024, Case #: 2:17cv1611, NOS: Other Civil Rights - Civil Rights, Categories: insurance, settlements, Class Action
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J. Elgo finds the trial court improperly denied a motor’s motion for summary judgement in this underinsured motorist dispute regarding herself and two minor children. The mother alleges negligence and recklessness claims against a driver, the vehicle’s owner and the insurer. The tortfeasor’s liability coverage is identical to, not less than, the mother’s underinsured motorist coverage. This case is to be remanded for judgement in favor of the driver, owner and insurer. Reversed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: April 5, 2024, Case #: AC45627, Categories: insurance, settlements, Vehicle
J. Breedlove finds that the lower court properly granted summary judgment for the appellees in this suit to enforce a settlement agreement, which arose from an automobile accident. The appellants argue that there was no enforceable settlement agreement, because there was no "tender" of the settlement amount and the insurance company "made a counteroffer, not an acceptance." However, the court finds that "the rule of tender found in Baucum is inapplicable" and that there was an agreement based on the demand letter and subsequent email. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: April 3, 2024, Case #: 05-23-00181-CV, Categories: insurance, settlements, Tort
J. Thrash grants the insurer's motion for default judgment against the insurance company in a declaratory judgment action and grants the parties' joint motion to enforce a settlement in the underlying action arising out of a car collision. The parties entered into an unambiguous agreement to settle when they agreed to a total settlement amount and confirmed who would pay what portion of the settlement.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: March 18, 2024, Case #: 1:23cv2461, NOS: Insurance - Contract, Categories: insurance, settlements
J. Manasco grants summary judgment in favor of the bank, an investment firm and insurance company in this dispute brought by an estate and its administrator. The administrator alleges that he has not received the settlement agreement compensation, nor did he sign the agreement. The bank, investment firm and insurer provided evidence that the agreement in enforceable and they complied with the terms. The administrator failed to provide any evidence that would be contrary. This case is ordered to be closed and all of the estate and its administrator’s motions be denied as moot.
Court: USDC Northern District of Alabama , Judge: Manasco, Filed On: March 14, 2024, Case #: 2:23cv173, NOS: Insurance - Contract, Categories: insurance, settlements, Banking / Lending
J. Stiles finds that the trial court properly ruled in favor of the administratrix of the estate in determining that the attempted beneficiary change for the decedent's annuity contract was null and void due to her mental incapacity from when she sustained brain injuries in an auto accident. The decedent settled her personal injury claim and subsequently began a "pen pal relationship" with an inmate, married him and made him the beneficiary. The evidence supports the finding that the decedent lacked the mental capacity to manage her long-term financial affairs after the accident. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stiles, Filed On: March 6, 2024, Case #: CA-23-635, Categories: insurance, settlements, Contract
J. Boyd grants the liability insurance agencies' petition for a writ of mandamus, ensuring that that they are not binded by a settlement agreement that was formed in prior litigation between an energy company and an investment fund group. The energy company was covered by the insurers, leading the investment group to sue them to recover damages. The agencies should be protected from being bound to the settlement agreement and the court of appeals improperly denied their petition.
Court: Texas Supreme Court, Judge: Boyd, Filed On: February 23, 2024, Case #: 22-0872, Categories: insurance, settlements, Indemnification
J. Whitehead denies the insurance company's motion to disqualify its opposing counsel from litigation alleging that the insurance company has no duty to defend or indemnify the Estate of Charles McCarthy against abuse claims or to pay a settlement for the underlying claims in state court. The insurance company's motion is premature because it makes the motion before the trial begins, and the insurance company does not cite any legal or factual basis to exclude its opposing counsel.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: January 10, 2024, Case #: 3:22cv6016, NOS: Insurance - Contract, Categories: insurance, settlements
J. Lorenz denies a physician's motion for a good faith settlement determination concerning professional negligence claims against San Diego County, which allegedly failed to provide a female detainee, now incapacitated, with medical care after she hallucinated in her jail cell and suffered a head injury. The county sufficiently shows that the physician has failed to produce evidence of his financial status and insurance policy limits.
Court: USDC Southern District of California, Judge: Lorenz, Filed On: January 2, 2024, Case #: 3:19cv1650, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, insurance, settlements
J. Steele denies summary judgment to insurer Great American who sought judgment indicating it does not owe a duty to defend or indemnify for an employment insurance payment paid out under an umbrella policy. The third-party company’s employee was injured on an electrical company’s equipment. The court grants summary judgment in favor of an electrical company and its insurer dismissing Great American’s amended complaint. The third-party company motion for summary judgment is granted for the duty to defend but denied for the duty to indemnify.
Court: USDC Southern District of Alabama, Judge: Steele, Filed On: December 19, 2023, Case #: 1:22cv2, NOS: Insurance - Contract, Categories: insurance, settlements, Indemnification
Per curiam, the circuit finds the district court properly found for an insurer. Two insurance companies contributed to a settlement in a negligence suit against a construction company that was insured by both companies consecutively under commercial general liability policies. One company then sued the other for reimbursement, saying the other's policies covered the damages. The plain language of the defendant company's policies, as well as binding case law from Texas and this circuit, indicate it is liable for only a portion of the damages at issue. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: December 18, 2023, Case #: 22-51114, Categories: insurance, settlements, Contract
J. Hornsby grants summary judgment to the estate of the decedent’s mother, and against his living brother, awarding a total of $480,000 insurance annuity payments to her estate. The living brother is a tertiary beneficiary; however, absent express language in the annuity to the contrary, if a primary beneficiary dies after the insured, but before all proceeds are paid to her, the estate of the primary beneficiary, not a secondary or tertiary beneficiary, is entitled to the proceeds. There was no such express language in the annuity contract or other relevant documents, so the estate of the mother is entitled to all remaining payments due under the annuity.
Court: USDC Western District of Louisiana , Judge: Hornsby, Filed On: November 16, 2023, Case #: 5:23cv158, NOS: Insurance - Contract, Categories: insurance, settlements, Attorney Fees
J. Bumb declines to distribute funds to a hotel company in claims contending the insurer failed to distribute settlement claims stemming from two fires due to municipal liens against the properties. Granting the motion would preempt the overall resolution of claims disputing the validity of liens filed against Atlantic City, and evidence does not indicate counsel fees and costs have priority over municipal liens.
Court: USDC New Jersey, Judge: Bumb , Filed On: November 6, 2023, Case #: 1:19cv16339, NOS: Other Contract - Contract, Categories: insurance, Property, settlements
J. Muniz finds that the court of appeal properly ruled in claims asking whether uninsured motorist payments made after a car collision should be off set by damages awarded in claims stemming from the same collision. "A settlement made by an insurance company on a bad faith claim is not a collateral source" under the ruling statute. Affirmed.
Court: Florida Supreme Court, Judge: Muniz, Filed On: November 2, 2023, Case #: SC2021-1580, Categories: insurance, settlements, Contract
J. Marbley grants the parties' joint motion for approval of the class action settlement, ruling the award to each class member of the difference between the cash value of their damaged vehicle and the amount paid by State Farm on their insurance claim will provide fair compensation. Meanwhile, the highly skilled attorneys who represented the class are entitled to the full amount of attorney fees requested and will be awarded $900,000.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: October 25, 2023, Case #: 2:21cv5867, NOS: Insurance - Contract, Categories: insurance, settlements, Class Action
J. Crenshaw grants the insurance company defendants' motion to enforce the settlement agreement and final judgment in this case concerning the allegedly improper depreciation of "the value of future labor" from certain insurance payments. At issue here are the deposition notices in two other cases. The court concludes that the notices violate the settlement agreement, which prohibits "Class Counsel from using the administration of the Settlement Agreement to support their class certification motions in other cases."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: October 23, 2023, Case #: 3:19cv466, NOS: Insurance - Contract, Categories: insurance, settlements, Class Action
J. Barker grants the insurer's motion to dismiss a policyholder's counterclaims, ruling evidence in the record establishes she failed to inform the company of negotiations before she entered into a settlement with the estate and that no exception to the policy language involving settlements applies. Therefore, the conditions for the insurer's affirmative defense to the breach of contract counterclaims are met.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: September 19, 2023, Case #: 1:21cv1981, NOS: Insurance - Contract, Categories: insurance, settlements, Contract