INSURANCE: Actions of driver who drove into parked camp trailer and fired rifle shots at it excluded under criminal act exclusions of home and auto policies and intentional act exclusion of auto policy… Christensen. [Read more…]
Supervisory control, rulings would increase complexity
SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
Insurance, residential construction policy insureds
INSURANCE: Because no named Defendant is an insured under residential construction policy involving convoluted business entities there is no coverage and insurer has no duty to defend against claim by trucker injured by falling bundle of posts… Vannatta. [Read more…]
FTCA/Indians, high-speed pursuit deaths/injuries
FTCA/INDIANS: Material fact issues preclude summary judgment as to discretionary function exception and contributory negligence of drivers of 2 vehicles involved in high-speed pursuit Reservation accidents… Morris. [Read more…]
Inherently dangerous activity, 60-foot roof spans
INHERENTLY DANGEROUS ACTIVITY: Installation of 60-foot long-span roof trusses is inherently dangerous as a matter of law, required special safety precautions to mitigate against the peculiar risks… general contractor potentially liable for injuries suffered by subcontractor’s laborer due to falling truss… Halligan. [Read more…]
Insurance, Injury to Worker Exclusion, renewed policy
INSURANCE: Injury to Worker Exclusion did not become part of renewed policy due to failure to provide proper notice of updating and insurer and insured “stuck their heads in the sand” as to changes in insured’s operations over several policy renewals, no affirmative misrepresentation that would preclude coverage for injured subcontractor of subcontractor… declaration of insurer’s employee stricken as undisclosed expert testimony, not lay testimony as purported… Molloy. [Read more…]
Water system negligence, uninhabitable house
WATER SYSTEM NEGLIGENCE: Summary judgment rulings in case involving failure of water supply system resulting in residence becoming unhabitable… statute of repose applicable to designer/builder of system, not to “materialman” supplier of pipe fittings… Allison. [Read more…]
Cow strike, federally funded road, willful conduct
COW STRIKE: §27-1-724 willful conduct standard not applicable to Hwy 212 which receives federal funding even though no longer called a “federal-aid primary” route… alleged violation of 60-7-201 to be analyzed under ordinary negligence standard with reasonableness of owner’s conduct a jury question… Moses. [Read more…]
Indemnification/failure to prosecute
INDEMNIFICATION/FAILURE TO PROSECUTE: Paving contractor entitled to indemnity from subcontractor for damage to vehicles from primer which emulsified in rain, negligence/foreseeability not required… State’s case against insurer improperly dismissed for failure to prosecute for 17 months… Harkin/Townsend reversed. [Read more…]