NEGLIGENCE: Defense verdict (65% negligence by Plaintiff motorcyclist, 35% by Defendant auto driver) affirmed… Ohman affirmed. [Read more…]
Defense verdict (35/65), auto/motorcycle, head
VERDICT: Defense (35/65 negligence), auto/motorcycle, multiple injuries including head trauma. [Read more…]
Defense verdict, stop-light rear-end MVA, neck/back
VERDICT: Defense, stop-light rear-end MVA, admitted liability, no causation, neck/back. [Read more…]
Insurance bad faith, “wondering” is not Ridley demand
INSURANCE BAD FAITH: Hospital’s call to insurer that injured motorcyclist’s wife was “wondering” if there was “any way” for the hospital to bill insurer did not constitute a Ridley demand sufficient to trigger UTPA obligations… form for optional release of husband and wife included with payment of policy limits for husband did not violate UTPA… summary dismissal of all claims properly granted… DeSoto affirmed (memorandum). [Read more…]
Jurisdictional amount, common fund anti-stacking
JURISDICTION: Insurer failed to establish $75,000 for federal jurisdiction over State Court common fund challenge to cross-policy anti-stacking endorsement… DeSoto’s rejection of anti-stacking challenge reversed, remanded to State Court (memorandum). [Read more…]
Insurance, leveraging, settlement of UIM and MP
INSURANCE: Leveraging and other UTPA claims based on settlement of UIM and MP claims without insured sending back signed release properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Insurance, Minnesotans, Montana MVA, Illinois insurer
INSURANCE: Suit by Minnesotans in MVA in Montana against Illinois insurer properly dismissed for lack of personal jurisdiction… Haddon affirmed (memorandum). [Read more…]
Defense verdict, UIM/UTPA claims by former agent
VERDICT: Defense, UIM/UTPA claims by former insurance agent stemming from rear-end MVA. [Read more…]
Insurance, refusal to produce entire claim file
INSURANCE: Conserving resources insufficient for supervisory control of Menahan’s refusal to order insurer to produce entire MVA/UTPA claims file… order. [Read more…]
Insurance, access feud not “accident”/”occurrence”
INSURANCE: No coverage or duty to defend correctly found because insureds’ conduct in access dispute did not constitute “accident” or “occurrence”… duty to indemnify improperly found not ripe… insureds properly denied more time for discovery… McMahon affirmed, reversed. [Read more…]