VERDICT: $250,000 contract damages properly awarded to each of 2 couples canceled from luxury resort club… full fees & costs properly awarded despite defense verdict on CPA claims…. Cuffe affirmed. [Read more…]
Insurance subrogation, made whole, $1,618 property
INSURANCE SUBROGATION: Made whole claims for $1,618 in uncovered property loss not precluded by American Rule or failure to exhaust but properly dismissed because insurer did not prematurely subrogate with respect to a category of damages for which it had been paid a premium… Wilson affirmed (other grounds). [Read more…]
Insurance, challenges to GEICO’s subrogation
INSURANCE: Challenges to GEICO’s subrogation practices properly rejected as not allowable under UTPA… Molloy affirmed (memorandum). [Read more…]
Insurance, 3rd run at GEICO subrogation rejected
INSURANCE: Third Amended Complaint fails to save previously rejected challenges to GEICO’s subrogation practices, no further amendment allowed… Molloy. [Read more…]
Insurance, subrogation practices, UTPA preemption
INSURANCE: Putative class Plaintiffs’ request for declaratory judgment as to GEICO’s subrogation practices preempted by UTPA, but amendment permitted to bring proper UTPA claim… Molloy. [Read more…]
Insurance, jurisdiction, non-contracting entities
INSURANCE: Personal jurisdiction found over non-contracting GEICO entities in 2nd amended complaint challenging subrogation practices… Molloy. [Read more…]
Insurance, GEICO’s subrogation practices
INSURANCE: Motion to dismiss putative class action challenging subrogation practices of GEICO and related entities granted in part including rejection of boilerplate allegations of personal jurisdiction over non-contracting entities based on a conspiracy theory… Molloy. [Read more…]
Easement foreclosure, 2nd trustee’s sale
EASEMENT FORECLOSURE: 1st trustee’s sale void for inadequate notice to lake access easement holder (1st impression), easement properly extinguished by 2nd sale, “one-action” [Read more…]
Trust indenture, purchaser/encumbrancer
TRUST INDENTURE of subsequent lender who had no knowledge of prior assignment valid under bona fide [Read more…]
$1,594,282 default judgment, developer loans
DEFAULT JUDGMENT on $1,594,282 loans properly not set aside where sophisticated developer who ignored summons claims he “assumed” his attorney was handling the matter… Christopher affirmed. [Read more…]