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…]
Easement, equitable title, constructive delivery
EASEMENT properly found for Defendant on equitable title, constructive delivery, relation-back of legal title, expressly created easement principles… Christensen affirmed (memorandum). [Read more…]
University, Covid tuition/fees reimbursement
UNIVERSITY: Class action for reimbursement of tuition and fees after MSU transitioned to online learning due to Covid properly dismissed… McMahon affirmed (other grounds). [Read more…]
Insurance, failure to offer UIM
INSURANCE: Claim that agents breached duty of care in failing to offer UIM properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Insurance, assault/kidnap of estranged wife
INSURANCE: No coverage under auto and umbrella policies of suit stemming from assault & kidnap of estranged wife… Marks affirmed (memorandum). [Read more…]
Insurance, subrogation made-whole, individual/class
INSURANCE: Supervisory control of Wilson denied as to dismissal of subrogation made-whole individual and class claims as unripe and thus currently unjusticiable… order. [Read more…]
Work comp, after-work MVA injuries, going & coming
WORK COMP: After-work MVA injuries precluded by going & coming rule… Molloy affirmed (memorandum). [Read more…]
Personal jurisdiction, Penn. insurer, Montana hotels
PERSONAL JURISDICTION properly found over Pennsylvania insurer that refused to defend/indemnify Ohio hotel management company and Montana hotels in hotel employees’ service charge class action which settled for $4,031,519… contested appealability of denial of motion to dismiss for lack of personal jurisdiction resolved by deeming it a petition for supervisory control… Vannatta affirmed. [Read more…]
$8,810,785 settlements with State
SETTLEMENT: $7,310,785.42 to 336 MHSL Libby Mine asbestos Claimants against State with contingent $2,030,936.19 dependent on result of litigation between State and its insurer. . . $1,250,000 to 49 KS Libby Mine Claimants with contingent $400,000. . . $250,000 for individual claimant with no insurer contingency. . . 33% and 33-1/3% contingent attorney fees approved. . . Eddy. [Read more…]
$57,440.94 fees/costs re quashed subpoena requests
$57,440.94 fees & costs granted to CARD Clinic & CARD Foundation in relation to Defendants’ quashed subpoena requests. . . Eddy. [Read more…]