1,959 results for 'cat:"Insurance"'.
J. Smith finds the district court improperly found that the insurance company owed the racing event organizer a duty to defend. The organizer sought legal defense when injured parties and estates of deceased sued after a vehicle careened into the crowd of spectators. A motor vehicle exclusion unambiguously excludes coverage for the damages at issue. Though, the policy is not therefore "illusory," as claimed by the organizer, being it does cover spectator "slip and falls." Reversed.
Court: 5th Circuit, Judge: Smith , Filed On: April 26, 2024, Case #: 23-50336, Categories: insurance, Damages, Wrongful Death
J. Norris grants in part the competing motions for summary judgment in this lawsuit concerning coverage under an insurance policy. The underlying matter involves a former employee's alleged violation of the plaintiff paper company's conflict of interest policy and the subsequent settlement agreement. The plaintiff paper company's motion is granted as to certain affirmative defenses asserted by the defendant insurance company.
Court: USDC Western District of Tennessee , Judge: Norris, Filed On: April 25, 2024, Case #: 2:22cv2789, NOS: Insurance - Contract, Categories: Civil Procedure, insurance
J. Bailey finds that the lower court properly ruled in this dispute over a beneficiary designation under a life insurance policy. The decedent changed the beneficiary "approximately two weeks before his death." The change was effective "based on the terms of the policy, without reference to any agreements or court-ordered obligations." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: April 25, 2024, Case #: 11-22-00130-CV, Categories: Civil Procedure, insurance
J. Donohue finds that the superior court improperly backed the trial court’s order of summary judgment in favor of a pair of parents ordering Nationwide to defend them under their homeowners insurance policy against wrongful death of one of their son’s friends who died of a fatal drug
overdose at their home. The interpretation that Nationwide owed a duty to defend in the underlying lawsuit because emotional and mental distress damages in the wrongful death claims were not bodily injuries was erroneous as a matter of law. Reversed.
Court: Pennsylvania Supreme Court, Judge: Donohue, Filed On: April 25, 2024, Case #: J-39-2023, Categories: Civil Procedure, insurance, Damages
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Per curiam, the Florida Supreme Court answers a certified question in the affirmative by holding that personal injury protection providers may pay 80% of a charge submitted by a medical provider even if the charge is for less than the amount reimbursable under the schedule.
Court: Florida Supreme Court, Judge: Per curiam, Filed On: April 25, 2024, Case #: SC2022-0735, Categories: insurance
J. Wecht finds that the superior court improperly affirmed the trial court’s decision to not award certain damages in this suit wherein a couple alleges they were fraudulently induced to purchase life insurance from a financial company. Treble damages under the Consumer Protection Law are available to the the couple in this case. Reversed.
Court: Pennsylvania Supreme Court, Judge: Wecht, Filed On: April 25, 2024, Case #: J-59-2023, Categories: Fraud, insurance, Damages
J. Sykes finds that the lower court properly found for the insurer, ruling that its policy with a dialysis provider contains a bacteria exclusion that precludes coverage of a $2 million judgment against the provider stemming from a patient's sepsis diagnosis after suffering repeated infections resulting from his dialysis treatment. The bacteria exclusion plainly applies, and the insurer was not required to conduct any further investigation into the man's claims before denying coverage. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: April 24, 2024, Case #: 22-1983, Categories: insurance, Indemnification, Contract
J. Brailsford denies in part an insurance company's motion for summary judgment regarding an insurance coverage dispute following a plane crash. While the pilot walked away unharmed, the plane, which crashed shortly after takeoff, sustained extensive damage. The plane owner alleges that the insurer has not paid for certain repairs in violation of the insurance policy. A genuine dispute of material fact remains as to whether the insurer paid the amount required under the insurance policy. Because the insurance company has waived its right to compel arbitration, its motion for summary judgment on the contract claim is denied.
Court: USDC Idaho, Judge: Brailsford, Filed On: April 24, 2024, Case #: 1:22cv176, NOS: Insurance - Contract, Categories: Arbitration, insurance, Contract
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. Copenhaver grants the insurance carrier’s motion for summary judgment in the property management company's suit seeking declaratory judgment the carrier was obligated to defend it in a counterclaim Union Carbide filed against the company claiming it bore partial responsibility for damage to not only its property, but also the nearby Davis Creek Watershed from the run-off of toxic chemicals. Since the company has failed to not only prove the existence of a policy from 1987 through 2005, but also any of the policy's material terms, the carrier has no duty to defend or indemnify it.
Court: USDC Southern District of West Virginia, Judge: Copenhaver , Filed On: April 23, 2024, Case #: 2:22cv135, NOS: Insurance - Contract, Categories: insurance, Business Practices, Contract
J. Walker grants a health insurance company’s motion to dismiss a lawsuit brought against it by a hospital trying to have the insurance company cover healthcare services it provided to one of its insured. The hospital did not exhaust the administrative process in trying to get the insurance company to cover the cost of services it provided.
Court: USDC Maine, Judge: Walker, Filed On: April 23, 2024, Case #: 2:23cv258, NOS: Other Contract - Contract, Categories: Health Care, insurance, Contract
J. Young grants the insurance company's motion to dismiss an indemnification suit. The transport manager hired to haul construction equipment suffered an injury offloading when the site supervisor improperly used a Bobcat to take heavy amounts of rebar off a truck bed. The improper use, failing to lower the hydraulic lift cylinder to balance the weight of the load, caused the Bobcat to tip over, releasing the stack of rebar onto the manager. This caused a fractured left ankle, a fractured arm requiring surgery and permanent crush injuries to his left foot. The manager's insurance policy covered incidents from the insured tractor-trailer, not the Bobcat.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: April 23, 2024, Case #: 3:23cv67, NOS: Insurance - Contract, Categories: Construction, insurance, Indemnification
J. Brennan denies the insurer's motion to compel discovery and the completion of an appraisal of reconstruction costs for the apartment building, ruling language in the parties' contract renders any appraisal signed by both parties final and binding. Therefore, the insurer cannot challenge any costs included in the appraisal, which was completed by an independent panel and signed by both parties.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: April 23, 2024, Case #: 1:21cv1032, NOS: Insurance - Contract, Categories: Evidence, insurance, Discovery
J. Tostrud partially grants the insurer's motion for summary judgment in the homeowners' association's suit seeking reimbursement for the cost to replace undamaged, non-color-matching siding on buildings damaged by hail. There is no genuine dispute of material fact that the association did not actually and necessarily spend more than the value of its loss, and it filed suit more than two years after providing notice of its claim, precluding pre-award interest. An appraisal panel's award and subsequent clarification on the issue of whether the association is entitled to matching costs for the siding were ambiguous, so that issue remains live.
Court: USDC Minnesota, Judge: Tostrud, Filed On: April 22, 2024, Case #: 0:22cv2027, NOS: Insurance - Contract, Categories: insurance, Contract
J. Berkenkotter finds the lower court erroneously determined a trial court may use external evidence, including the insurance coverage of a plaintiff, to determine whether a prevailing plaintiff in a medical malpractice suit is entitled to exceed the statutory damages cap of $1 million because it allows tortfeasors to benefit from collateral payments made on behalf of a victim. Therefore, the case will be remanded to the trial court to allow for proper calculation of damages based on the jury's original award. Reversed in part.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: April 22, 2024, Case #: 2024CO22, Categories: insurance, Damages, Medical Malpractice
J. Bradford finds that the trial court properly upheld an insurer's refusal to cover an accident involving two tractor-trailers because plaintiff did not meet all license requirements under the policy, and the insurer did not act in bad faith. Affirmed.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: April 22, 2024, Case #: 23A-PL-3044, Categories: insurance
J. Coghlan finds that the lower court properly granted the fiancée $176,000 after her estranged fiancé took her engagement ring then returned it after replacing the diamond with a synthetic diamond. The fiancée qualifies as an innocent insured under the policy on the ring because the contract does not contain a clear statement that it is void as to all insureds in the event of wrongdoing by one of the insureds. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: April 22, 2024, Case #: 230224, Categories: insurance, Contract
J. Whitney orders a car insurance company and a driver who was injured in a collision in 2018 to submit supplemental briefs detailing whether the court should exercise its jurisdiction to resolve a policy coverage dispute in North Carolina or wait until an underlying suit in South Carolina is resolved. The collision occurred in South Carolina. Although the insurance of the driver at fault paid out according to its limit of $100,000 on the injured driver’s claim, he alleges that the costs of treatment for his injuries exceed this amount. The insurance company claims the injured driver is not entitled to additional coverage under its uninsured motorist policy because he failed to comply with certain notice provisions under North Carolina state law and the uninsured motorist policy. Thus, both parties must submit supplemental briefs to proceed.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: April 22, 2024, Case #: 3:23cv28, NOS: Insurance - Contract, Categories: insurance, Vehicle, Contract
J. Dever denies an electric company’s motion for judgment on the pleadings for breach of contract allegations it brought against its insurance firm after the company’s owner crashed his boat into another, killing three people. The owner, who was not engaged in business while driving his boat intoxicated, was not covered in this case because the insurance only applies to his business endeavors. For the same reason, the estates of the three people who died fail in their attempt to sue the firm for damages and funeral expenses.
Court: USDC Eastern District of North Carolina, Judge: Dever, Filed On: April 22, 2024, Case #: 7:22cv78, NOS: Insurance - Contract, Categories: insurance, 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. Taylor grants an insurer summary judgment in a Lyft driver's claims seeking uninsured motorist benefits following an accident because the policy specifically excludes UIM coverage when the car is available for hire, and the driver had been logged into Lyft's mobile application at the time of the accident. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Taylor, Filed On: April 19, 2024, Case #: 2023-CA-0447-MR, Categories: insurance