(U.S. 11th Cir., Contracts, Injury And Tort Law, Insurance Law, Property Law & Real Estate, Remedies, Services) In an action for breach of contract between an insurance broker and the association responsible for managing a condominium tower located on Singer Island, Florida, the Eleventh Circuit affirmed in part summary judgment for defendant, holding that plaintiff [...]
(U.S. 9th Cir., Constitutional Law, Government Law, Health Law, Insurance Law, Labor & Employment Law) In an action alleging that a city’s policy of denying health insurance coverage to retirees violated their due process rights, summary judgment for defendant is affirmed where, under the Oregon Supreme Court’s interpretation of Or. Rev. Stat. section 243.303, neither [...]
(U.S. 5th Cir., Commercial Law, Contracts, Insurance Law, Oil & Gas Law) In an action seeking a declaration that plaintiff-insurer owed defendant no duty to defend a suit arising out of a blown-out oil well, summary judgment for defendant is reversed where: 1) the parties intended the legal definition of professional services to exclude coverage [...]
(U.S.S.C., Attorney’s Fees, Civil Procedure, ERISA, Insurance Law) In an action alleging that defendant violated the Employee Retirement Income Security Act of 1974 (ERISA) by wrongfully denying her benefits claim, the Fourth Circuit’s order vacating the district court’s award of attorney’s fees to plaintiff is reversed where 1) a fee claimant need not be a [...]
(Cal. App., Civil Procedure, Government Law, Injury And Tort Law, Insurance Law, Labor & Employment Law, Workers’ Compensation) In plaintiff’s suit to collect unpaid premiums it claimed were owed for workers’ compensation insurance policies issued to defendant, plaintiff’s petition for a peremptory writ of mandate seeking to set aside superior court’s grant of summary judgment [...]
(U.S. 7th Cir., Civil Rights, Constitutional Law, Government Law, Insurance Law, Labor & Employment Law) In a 42 U.S.C. section 1983 suit brought by a former employee with the Indiana Department of Insurance claiming that a memo he wrote was protected speech and his forced resignation violated his rights under the First Amendment, summary judgment [...]
(U.S. 7th Cir., Civil Rights, Constitutional Law, Government Law, Insurance Law, Labor & Employment Law) In a 42 U.S.C. section 1983 suit brought by a former employee with the Indiana Department of Insurance claiming that a memo he wrote was protected speech and his forced resignation violated his rights under the First Amendment, summary judgment [...]
(U.S. 4th Cir., Attorney’s Fees, Civil Procedure, Injury And Tort Law, Insurance Law) District court’s reduction of an award of attorneys’ fees from $6 million to $600,000, arising from an $18 million settlement with the insurer of the drunk driver responsible for their client’s permanent and severe disabilities, is vacated and remanded as, although a [...]
(U.S. 4th Cir., Attorney’s Fees, Civil Procedure, Injury And Tort Law, Insurance Law) District court’s reduction of an award of attorneys’ fees from $6 million to $600,000, arising from an $18 million settlement with the insurer of the drunk driver responsible for their client’s permanent and severe disabilities, is vacated and remanded as, although a [...]
(U.S. 2d Cir., Contracts, Injury And Tort Law, Insurance Law) In an action by an insurer seeking a declaration that neither a homeowner’s policy nor an umbrella policy provided coverage for a tort plaintiff’s claimed injuries, the Second Circuit certified the following questions to the Connecticut Supreme Court: 1) With respect to a claim for [...]