INSURANCE/INTERPLEADER: “Race to judgment” by 2 wildfire claimants to obtain limited policy proceeds available for payment to 30+ claimants headed off by interpleader… $1 million CGL policy not subject to attachment/execution because interpleader commenced before Plaintiffs attempted to serve writs, priority of claims must be determined by interpleader court… Reynolds. [Read more…]
Archives for January 2016
Endangered species, grizzly shooting “self-defense”
ENDANGERED SPECIES: Shooting 3 grizzlies only petty offenses, no right to jury… defense of self or others properly rejected under objective standard… even under subjective standard, evidence showed lack of good faith belief that it was necessary to shoot bears… $5,000 per bear restitution proper… over-length brief allowed… judgment/sentence by Lynch affirmed… Christensen. [Read more…]
Settlements
Plan I
Marcia Kennedy, shoulder(s), 7/13, $25,000, medical reserved, Tom Murphy [Read more…]
Negligence, $10,534 verdict, rear-end MVA
NEGLIGENCE: Rulings as to experts, directed verdict that rotator tear/shoulder arthritis not caused by MVA, Plaintiff may not recover damages sustained by sole corporation affirmed in $10,534 verdict… Seeley affirmed. [Read more…]
Insurance, gasoline tanker spill, $13,066,474
INSURANCE: Ambiguous “general aggregate” limit in excess liability policy construed to provide additional $4 million for Homeowners for damages from gasoline tanker spill, Homeowners properly awarded attorney fees for insurer’s breach of duty to indemnify to proper limits… insurer did not breach duty to defend by withdrawing from defense and subsequently reinitiating defense (applying Independent Milk to breach of assumed duty to defend), not liable for $13,066,474 stipulated judgment entered 8 months later… McLean affirmed, reversed. [Read more…]
$744,341 consent judgment, Judge/court reporter
CONSENT JUDGMENT: State not obligated to defend/indemnify Judge accused of sexual harassment of court reporter or pay unconsented $744,371 settlement… reporter may have claim under pending HRA proceeding… Sherlock. [Read more…]
Attorney fees/costs, MVA declaratory trial
ATTORNEY FEES/COSTS denied to Plaintiff following verdict finding MVA liability reasonably clear in declaratory trial where she had received 80% of medicals/wages prior to dec action, remaining amounts thereafter without trial… unreasonable to pursue through trial to get a determination of reasonably clear liability for the purpose of seeking discretionary fees… Salvagni. [Read more…]
Vehicle lights, green LEDs around headlights
VEHICLE LIGHTS: Green LEDs around headlights giving green tint not prohibited… conviction by Orzech reversed… Halligan. [Read more…]
Removal, insurer/adjuster bad faith, joinder
REMOVAL: Remand of bad faith suit against insurer and adjuster on the basis of asserted defects in removal notice denied under 1988 amendments to Title 28, but granted on basis that Complaint alleged sufficient facts to state claim of unfair settlement practices by adjuster, Defendants’ failure to show that joinder should be deemed fraudulent… Morris. [Read more…]
Settlements
Plan I
No lawyer: Melessia Christofferson, low back, 03, $81,000 [Read more…]