INSURANCE: 3rd-party bad faith claims stemming from 2009 MVA accrued from judgment on $15,000 verdict awarded by recalled jury that was affirmed by the 9th Circuit and USSC, properly dismissed as time-barred. . . Lovell affirmed (unpublished). [Read more…]
Insurance, log home beetle infestation
INSURANCE: Disputed facts as to whether log home builder knew of industry practice of treating logs with insecticide and chose not to treat them and whether beetle infestation could have been expected preclude summary judgment for insurer on coverage. . . also remanded as to whether any coverage was lost when homeowner and builder settled for $328,824 without insurer’s consent. . . Christensen reversed (unpublished). [Read more…]
Comp exclusivity, trucking employee, PEO
COMP EXCLUSIVITY: Trucking company was immediate employer of employee assigned by PEO, entitled to comp exclusivity… unconstitutionality of PEO Act not proven… Townsend. [Read more…]
Insurance, log home beetle infestation
INSURANCE: Employers Mutual changes coverage analysis but does not result in coverage of beetle infestation claims against log home builder, reconsideration denied… homeowner’s counterclaims against insurer, 3rd-party claims against agent, rejected… Christensen. [Read more…]
Insurance, PL, prospective firefighter stroke
INSURANCE: Professional Liability Policy construed to cover massive stroke by prospective firefighter following physical ability test… Kutzman. [Read more…]
Insurance, ambiguous Builders’ Risk policy
INSURANCE: Ambiguous Builders’ Risk policy construed to cover pipeline right of way after it was cleared, excavated, and leveled as “structure” and therefore “Covered Property,” not precluded by “land” exclusion, interpretation not inconsistent with additional [Read more…]
Insurance, reserve discovery, bad faith
INSURANCE: Reserve information relevant to bad faith claim, insurer not entitled to protective order excluding all information related to reserves in discovery, may seek to ameliorate any prejudice by in limine motion or cautionary instruction… Christensen. [Read more…]