MARITAL: Wife properly reimbursed from house sale for expenses maintaining the estate after doctor husband’s incarceration… fees awarded for frivolous appeal… Recht affirmed (memorandum). [Read more…]
Marital, wife/children move back to California
MARITAL: Wife properly allowed to move back to California with children, properly awarded maintenance, support, fees… Townsend affirmed (IOR I-3(c)). [Read more…]
Parental termination, rejected rape conception claim
PARENTAL TERMINATION: Claim that child was conceived from nonconsensual sex properly rejected… Deschamps affirmed (IOR I-3(c)). [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…]
Probate, Illinois farm partnership, Montana UPC
PROBATE: Illinois farm partnership interest properly held to pass to lineal descendants/siblings under Montana UPC… “heirs” in LP agreement refers to designees under intestate succession law of state of demise (Montana) of decedent who had a will but no surviving spouse or descendants… Deschamps affirmed. [Read more…]