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…]
Lost industrial park opportunity, $3 million
LOST INDUSTRIAL PARK OPPORTUNITY: Claim for lost profits in City’s takeover of property not subject to $750,000 cap… discovery sanction that City liable to developer precluded [Read more…]