INSURANCE: No duty to defend negligence claims based on contract… Gilbert affirmed. [Read more…]
Appeal procedure, holographic will validity
APPEAL PROCEDURE: Challenge of validity of holographic will waived by failure to appeal immediately, but other findings/conclusions timely appealed… order. [Read more…]
Banking, lien priority, current beneficiary
BANKING: Senior lienholder not required to counterclaim for foreclosure of security interest to retain priority… sufficient documents in pleadings to establish current beneficiary in chain of assignments despite stricken untimely witness/exhibit list… Tucker reversed. [Read more…]
Negligence, wind-blown sign injury, duty
NEGLIGENCE: Contractual obligations of project engineer in town wastewater project did not include duty to see that sign that was [Read more…]
Standing, police pension/disability fund
STANDING: Police association lacks standing to challenge City’s management of pension/disability fund, claims for future retirement payments/reimbursements fail injury-in-fact test… Haddon affirmed (unpublished). [Read more…]
Irrigation district, “susceptible of irrigation,”
IRRIGATION DISTRICT: “Susceptible of irrigation” means land physically (as opposed to legally) capable of receiving water… land may be included in expanded irrigation district but legal right to water must be decided by Water Court… Tucker affirmed. [Read more…]