(U.S. 8th Cir., Contracts, Insurance Law) In an action against an insurer claiming that defendant failed to indemnify plaintiff for business expenses and personal property losses as required under the terms of its insurance policy, partial summary judgment for defendant on the personal property claim is affirmed, but a partial denial of summary judgment on [...]
(U.S. 8th Cir., Contracts, Health Law, Insurance Law) In an action for breach of an insurance settlement contract, summary judgment for plaintiff is affirmed where: 1) defendant was not an unsophisticated party because it had significant experience in handling and negotiating claims with healthcare providers; 2) because defendant bore the risk of mistake, the district [...]
(U.S. 1st Cir., Contracts, Insurance Law, Landlord Tenant Law, Property Law & Real Estate) In plaintiff-insurance company’s subrogation claim, district court’s grant of summary judgment in favor of defendants in concluding that the implied coinsured doctrine controlled the outcome in this case and precluded the plaintiff from pursuing a subrogation claim is affirmed as plaintiff [...]
(U.S. 1st Cir., Contracts, Insurance Law, Landlord Tenant Law, Property Law & Real Estate) In plaintiff-insurance company’s subrogation claim, district court’s grant of summary judgment in favor of defendants in concluding that the implied coinsured doctrine controlled the outcome in this case and precluded the plaintiff from pursuing a subrogation claim is affirmed as plaintiff [...]
(Cal. App., Government Contracts, Government Law, Insurance Law, Labor & Employment Law, Workers’ Compensation) In a city’s action against an insurance company seeking reimbursement for incurring workers’ compensation liability that exceeded its self-insured retention, grant of insurance company’s motion for summary judgment is affirmed where: 1) the addition of subdivision (c)(13) to Ins. Code section [...]
(Cal. App., Government Contracts, Government Law, Insurance Law, Labor & Employment Law, Workers’ Compensation) In a city’s action against an insurance company seeking reimbursement for incurring workers’ compensation liability that exceeded its self-insured retention, grant of insurance company’s motion for summary judgment is affirmed where: 1) the addition of subdivision (c)(13) to Ins. Code section [...]
(U.S. 5th Cir., Commercial Law, Contracts, Insurance Law, Property Law & Real Estate, Remedies) In an action against an insurer brought after a number of apartment buildings managed by plaintiff sustained damage during Hurricane Katrina, raising contract claims for unpaid insurance proceeds and claims that defendants violated Louisiana law by failing to promptly settle claims [...]
(U.S. 8th Cir., Contracts, Injury And Tort Law, Insurance Law, Property Law & Real Estate) In an action by real estate investors against a title insurance company claiming it was vicariously liable for fraud by another insurer with which defendant had an agency relationship, summary judgment for defendant is affirmed where: 1) the insurer responsible [...]
(U.S. 8th Cir., Civil Procedure, Contracts, Health Law, Injury And Tort Law, Insurance Law, Professional Malpractice) In an action by an insurer seeking a declaration that it had no duty to pay a malpractice judgment, summary judgment for plaintiff is affirmed where the district court did not err in concluding that the malpractice defendant materially [...]
(U.S. 8th Cir., Contracts, Government Law, Injury And Tort Law, Insurance Law) In an action claiming that defendant-insurer vexatiously refused to pay plaintiff’s underinsured motorist (UIM) claim relating to injuries he sustained while driving a motorcycle as a police officer, summary judgment for defendant is affirmed where an agent of the local government responsible for [...]