breach of contract News

Viewpoint: Ambiguous Language Forces Insurer to Pay Losses It Didn’t Intend to Cover

Insurers often complain that their insureds do not read the insurance policy and compel them to fulfill all policy terms or receive nothing. In my experience almost no one reads an insurance policy until there is a dispute over a …

Morakabian and Rosales Signal a Consensus View on Recovery of Attorneys’ Fees After Appraisal

Chapter 542 of the Texas Insurance Code, also known as the Texas Prompt Payment of Claims Act (“TPPCA”), generally allows an insured to recover interest and attorneys’ fees, in addition to the amount of the insurance claim, when an insurer …

Mass. Judge Rejects Class Certification for Diminished Value Auto Claims

A judge in Massachusetts has denied class certifications for claimants seeking payments from two insurers for the lost resale value of their motor vehicles that were damaged in accidents and then repaired. Suffolk County Superior Court Justice Kenneth W. Salinger …

Ford Wins Reversal of $105M Trade Secrets Verdict

A federal judge in Detroit on Monday threw out a jury verdict ordering Ford Motor Co. to pay Versata Software Inc $104.6 million for breaching a 2004 licensing contract and misappropriating trade secrets. U.S. District Judge Matthew Leitman said that …

3rd Circuit Grants Pa. Hospital Chance to Restore Malpractice Coverage

A federal appeals court is giving a Pennsylvania hospital another opportunity to have $1.75 million of its medical malpractice insurance coverage restored. The $1.75 million represents the difference between the final arbitrated settlement of $7.75 million and the plaintiff’s earlier …

Neb. Supreme Court: Contractors with Assigned Benefits Can’t File Bad-Faith Claims

A restoration contractor that had been assigned benefits by a policyholder cannot pursue a bad faith claim against an insurer because it was not a party to the insurance contract, the Nebraska Supreme Court ruled Friday in two separate cases. …

Suit: Brink’s Driver Asleep During California Jewelry Heist

LOS ANGELES (AP) — One of the drivers of a Brink’s tractor-trailer was asleep inside the big rig, parked near a remote Southern California rest stop earlier this summer, when thieves broke a lock and stole millions of dollars worth …

Couple Sues Boston Hospital over Loss of Baby’s Body

BOSTON (AP) — A Massachusetts couple whose prematurely born baby girl died less than two weeks after she was delivered has sued one of Boston’s most prestigious hospitals for losing the infant’s body, denying the parents the opportunity to hold …

Mass. Finds Virus Caused No Physical Loss, the 1st State High Court to Rule

The Massachusetts Supreme Judicial Court, in the first state high court ruling on the question, has sided with an insurer and an insurance agency in finding that the COVID-19 losses claimed by three restaurants were not “direct physical loss of …

Fla. Appeals Court Finds Insurer Not Prejudiced by 5-Month Wait on Claim Info

A week after a federal court found that waiting two years to file a property claim is too long, a state court reached a different conclusion: Failing to timely file supporting documents on a claim does not necessarily harm the …