Plan I
Larry Pennington, low back, 12/08, disputed medicals, $90,000, Thomas Bulman [Read more…]
Archives for March 2014
Insurance, med-pay/UIM, “other insurance”
INSURANCE: Med-pay/UIM “other insurance” clauses valid, not violative of “made whole” as de facto subrogation… J. Brown affirmed. [Read more…]
Note/procedure, balloon loan reset
NOTE/PROCEDURE: Regardless of whether requiring written notice of intent to exercise reset of balloon loan was contract of adhesion, it was within reasonable expectation of realtor, not unduly [Read more…]
Easement, non-use, “any segment”
EASEMENT: Summary judgment improperly granted to dominant tenement on non-use in light of grant language as to “any segment”… whether limited to logging to be determined by finder of fact… Lympus reversed. [Read more…]
Well driller’s lien, initial dismissal nullity
WELL DRILLER’S LIEN: Initial judgment dismissing lien rendered nullity by reversal, could not release property from lien… claims not mooted by failure to stay execution, post bond, reinstate lien… Gilbert reversed. [Read more…]
Marital, business valuation, maintenance
MARITAL: Business properly valued in light of widely conflicting opinions… head injury insurance improperly characterized as purely income in denying maintenance/ fees… McKittrick affirmed, reversed; husband not in contempt for failing to pay military [Read more…]
Disability discrimination, $1,350,000, irregularity
DISABILITY DISCRIMINATION: $1,350,000 for failure to provide medications to jail inmate who died from DTs voided by irregularities of HRC attorney meeting individually with members following hearing and prior to award, initial order by Spear finding no discrimination reinstated as final decision… Sherlock. [Read more…]
Insurance, ambiguous Builders’ Risk policy
INSURANCE: Ambiguous Builders’ Risk policy construed to cover pipeline right of way after it was cleared, excavated, and leveled as “structure” and therefore “Covered Property,” not precluded by “land” exclusion, interpretation not inconsistent with additional [Read more…]
Attorney fees, $3 million consent judgment
ATTORNEY FEES: Attorneys entitled to fees based on what client, as assignee of insurer in $3 million “tough love” suicide consent judgment, would have been able to recover for time & expenses [Read more…]
Settlements
Plan I
Robert Allen, low back, 4/12, disputed, $20,000 ($13,855 MSA), stipulated judgment; Andrew Huppert for Allen, Larry Jones for Roseburg Forest Products [Read more…]
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