INSURANCE: $29 million settlement by 35 ESOP participants and grocery chain executives found reasonable following reasonableness hearing on remand from Supreme Court holding that insurer breached duty to defend and was estopped from denying coverage and no evidence of collusion but reasonableness hearing required… $29 million judgment against insurer… Townsend. [Read more…]
Insurance, duty to defend, stipulated judgment
INSURANCE: Court correctly found, without coverage analysis, that insurer breached duty to defend after recognizing policy potentially implicated, estopped from denying coverage… $29 million stipulated judgment improperly granted without [Read more…]
Insurance, $1,265,000, pest control, CGL/PCOH
INSURANCE: $1,265,000 properly awarded pest control manufacturer, distributor, apple orchard against CGL/PCOH insurer for failure to defend/indemnity moth damage claims… Baugh affirmed. [Read more…]
Insurance, reasonable basis in law, contract, UTPA
INSURANCE: Breach of contract not ameliorated by reasonableness of breaching party’s actions, insurer incorrectly allowed to raise “reasonable basis in law” defense to contract claims where this Court previously held that it incorrectly [Read more…]
Defense verdict, insurance, frozen pipes
VERDICT: Defense, no material misrepresentation in application on home insured as rental but which had no tenant and was vacant during policy period, policy not properly rescinded, but no coverage because owner had not used reasonable care to [Read more…]
Insurance, ESOP, $29 million stipulated judgment
INSURANCE: Defense of corporate officers in grocery chain ESOP litigation was tendered when insurer on notice in federal litigation and repeated requests for payment of defense costs in state action, insurer had duty to defend, policy not one of mere indemnification of defense costs, breached duty by [Read more…]
Insurance/jurisdiction, MUTPA, federal v. state
INSURANCE/JURISDICTION: Washington Federal Court declines jurisdiction over dec action brought by insurer which involves [Read more…]
Negligence, waving driver, bicycle/truck/pickup
NEGLIGENCE: Truck driver who stopped and waved oncoming pickup to turn left in front of him assumed duty of acting with reasonable care, up to jury whether he breached duty or [Read more…]
Supervisory control, bicycle per se negligence
SUPERVISORY CONTROL of Swandal denied as to summary judgment statement that bicycle Plaintiff violated §61-8-324 (passing on right) and was cited… order. [Read more…]
Insurance, “Each Person” v. derivative
INSURANCE: “Each Person” limit covers direct damages for daughter’s physical injury and derivative damages for loss of father in MVA up to $50,000 under policy language, $100,000 [Read more…]