(U.S. D.C. Cir., Civil Procedure, Injury And Tort Law, Insurance Law) In an action against an insurer to collect a judgment entered against the insured responsible for an accident, judgment for defendant is affirmed where: 1) under District of Columbia law, an insurer may be estopped from denying coverage only if its participation somehow prejudiced [...]
(U.S. 2d Cir., Bankruptcy Law, Injury And Tort Law, Insurance Law) In bankruptcy trustee’s appeal from a bankruptcy court’s order exempting the proceeds of an annuity from a Chapter 13 bankruptcy estate under New York Debtor and Creditor Law section 282 and New York Insurance Law section 3212, the order is affirmed where New York [...]
(U.S. 11th Cir., Contracts, Health Law, Insurance Law) In a challenge to defendant-insurer’s denial to plaintiff of “permanent total disability” benefits under an insurance policy, summary judgment for defendant is affirmed where plaintiff could not be “permanently totally disabled” without suffering one of the injuries listed in a certain paragraph of the policy, and plaintiff [...]
(U.S. 8th Cir., Contracts, ERISA, Health Law, Insurance Law, Labor & Employment Law) In an ERISA action challenging the denial of plaintiff’s short-term disability benefits, summary judgment for defendant is affirmed where: 1) the language of the plan defined who was an Approved Health Care Provider, and a physician assistant was not an Approved Health [...]
(U.S. 7th Cir., Civil Procedure, Contracts, Health Law, Insurance Law) In an insurance company’s third-party suit for indemnification against a wholesale insurance broker in Minnesota state court, arising from a lawsuit brought by an insured for improperly rescinding an insurance policy, district court’s dismissal of the insurance broker’s suit against the insurance company in an [...]
(U.S. 4th Cir., Civil Procedure, Government Law, Injury And Tort Law, Insurance Law, Professional Malpractice, Property Law & Real Estate) In plaintiff’s suit against an independent contractor hired by FEMA to reassess flood elevation maps of an area, alleging professional malpractice and other claims for designating a large portion of plaintiff’s property as part of [...]
(U.S. 2d Cir., Contracts, ERISA, Insurance Law, Intellectual Property, Labor & Employment Law, Trade Secrets) In an action arising out of the retention of policyholder information by former insurance agents for plaintiff, summary judgment dismissing both plaintiff’s claims and defendants’ counterclaims is affirmed where: 1) the policyholder information was readily available from another source, and [...]
(U.S. 5th Cir., Contracts, Injury And Tort Law, Insurance Law, Property Law & Real Estate, Remedies) In an action against an insurer seeking proceeds for property damage due to Hurricane Katrina, summary judgment for defendant is affirmed in part where: 1) the district court did not err in concluding that defendant was entitled to judgment [...]
(Fla., Insurance Law) In a third-party bad-faith action against an insurance company, arising from the death of plaintiff’s husband at his workplace, the court finds that, based on the facts of this case, the insurer’s actions did not cause the employer to sustain the claimed damages of $4 million or to be exposed to liability [...]
(Fla., Insurance Law) In a third-party bad-faith action against an insurance company, arising from the death of plaintiff’s husband at his workplace, the court finds that, based on the facts of this case, the insurer’s actions did not cause the employer to sustain the claimed damages of $4 million or to be exposed to liability [...]