INSURANCE: Insurer breached duty to defend by denying coverage and deferring to co-insurer which defended construction defects claims under reservation, but $5,650,000 consent judgment improper without reasonableness hearing… Haynes affirmed, reversed. [Read more…]
Archives for November 2016
Insurance, class cert, med-pay cost containment
INSURANCE: Class certification as to med-pay cost containment scheme premature, additional discovery required… Todd reversed. [Read more…]
Dismissal of dewatering claims following verdict
DISMISSAL WITH PREJUDICE of dewatering system claims following $1,733,887.40 verdict and settlement with Defendant’s insurer renders appeal moot over request that dismissal be at least conditioned on indemnity from recoupment of settlement amount and for fees/ costs as prevailing party… Todd affirmed (IOR I-3(c)). [Read more…]
Conservatorship, TOD modifications
CONSERVATORSHIP: Brothers lack standing to challenge TOD modification by wife/conservator made while husband was alive… McKittrick/Pinski affirmed (IOR I-3(c)). [Read more…]
Probate, Co-PR removal, delays
PROBATE: Co-PR properly removed due to delays caused by failure to respond or sign documents relating to sale of house… Gilbert affirmed (IOR I-3(c)). [Read more…]
Marital, support/maintenance
MARITAL: Support/maintenance rulings on remand from prior appeal affirmed, reversed… Eddy affirmed, reversed (IOR I-3(c)). [Read more…]
Marital, support/parenting modifications
MARITAL: Modification of support/parenting provisions of separation agreement properly denied without hearing… appeal fees denied… Cybulski affirmed. [Read more…]
Marital, support modification
MARITAL: Support modification retroactive to date of motion properly denied based on finding that wife agreed to waive support only to avoid further custody battles… Wheelis affirmed (IOR I-3(c)). [Read more…]
Municipal Court appeal, “interests of justice”
MUNICIPAL COURT APPEAL jurisdiction on “interests of justice” grounds properly declined over disorderly conduct conviction with $100 fine and $235 surcharges/fees (fine not considered enough to meet amount in controversy threshold)… Salvagni affirmed. [Read more…]
$435,518 hospital malpractice verdict vacated
HOSPITAL MALPRACTICE: $435,518 verdict for failure to timely remove IVC filter implanted to prevent clots in lungs vacated for lack of expert testimony as to standard of care… amounts also shock conscience of Court… Cooney [Read more…]
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