12 results for 'cat:"Insurance" AND cat:"Venue"'.
J. Stargel finds that the trial court improperly dismissed this case, an insurance action to recover unpaid attorney fees, for improper venue. The law firms allege that the venue was proper because there were multiple cases of action in the complaint accrued there, but the trial court had dismissed the action based on principle of priority. The law firms were not the ones to initiate the previous case and the charging lien had been withdrawn before the dismissal in the present case. Therefore, the trial court did not properly analyze the propriety of the venue choice and this case is to be remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: May 10, 2024, Case #: 6D23-1384, Categories: insurance, venue, Attorney Fees
J. Gordo finds that the vessel owner's motion for a rehearing in its lawsuit over the denial of its claim to its marine insurance company after its vessel partially sank must be denied. Replacing a previous opinion in this matter, it is found that the trial court properly granted the insurance company's motion to dismiss on forum selection grounds. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: March 20, 2024, Case #: 22-1333, Categories: Admiralty, insurance, venue
J. Niemeyer dismisses Travelers’ challenge to the lower court’s order remanding a court-appointed receiver’s complaint, alleging breach of insurance policies issued to a defunct company, back to state court. The federal court’s reasons to remand were “colorably supported,” barring appellate review. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: February 26, 2024, Case #: 23-1339, Categories: insurance, Jurisdiction, venue
J. Crenshaw denies the defendant trucking company's motion to dismiss for improper venue or, alternatively, to transfer venue. The plaintiff insurance company seeks a declaratory judgment regarding its duty to defend or indemnify the company in an underlying state court case. The incident at issue in the underlying case allegedly occurred at a truck stop in Tennessee, and the case is "pending in Tennessee state court."
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: February 16, 2024, Case #: 3:23cv1059, NOS: Insurance - Contract, Categories: insurance, Tort, venue
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. Pratter grants an insurance company’s motion to transfer this insurance coverage dispute in which a couple from York, Pennsylvania, argues their wind damage claim was wrongfully denied. The Middle District of Pennsylvania is the proper forum for this case.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 7, 2024, Case #: 2:23cv2590, NOS: Insurance - Contract, Categories: insurance, venue, Contract
J. Johnson finds that the lower court properly denied a request from insurance companies to dismiss claims against them from a series of educational institutions and colleges over losses stemming from the Covid-19 pandemic. The insurance companies moved to toss the claims on the grounds of forum non conveniens, but under the relevant agreements with the colleges, the colleges have the right to select their desired forum and the lower court did not abuse its discretion to enforce the forum selection clause. Affirmed.
Court: Washington Supreme Court, Judge: Johnson , Filed On: January 18, 2024, Case #: 100752-3, Categories: insurance, venue
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss the amended complaint in the insured's lawsuit over coverage of damages to its partially sunk vessel under its marine insurance policy. The trial court correctly found the policy's forum selection clause required the litigation to take place in federal court, and it correctly found the change in venue is not unreasonably burdensome or inconvenient. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: December 13, 2023, Case #: 22-1333, Categories: insurance, venue, Contract