INSURANCE: Lifetime home care and numerous other claims under long term care and home-care recovery policies properly rejected on summary judgment… Christensen affirmed (memorandum). [Read more…]
Long-term care insurance, claim of lifetime home care
LONG-TERM CARE INSURANCE: Lifetime home care and numerous other claims under Long Term Care Policy and HomeCare Recovery Policy rejected on summary judgment… Christensen. [Read more…]
Attorney withdrawal, nonfrivolous issues
ATTORNEY WITHDRAWAL denied on finding by Supreme Court of nonfrivolous issues in parental termination case… order. [Read more…]
Probate, girlfriend transfers/marriage, dying boyfriend
PROBATE: Girlfriend did not exceed POA when she transferred dying boyfriend’s money… boyfriend had capacity to enter valid deathbed marriage and to create and amend a valid unwitnessed will (placing burden to prove lack of intent or capacity on contestants harmless error)… Townsend affirmed. [Read more…]
Wrongful stock transfer, $1.1 million punitives
WRONGFUL STOCK TRANSFER: Order restoring converted stock constituted award of compensatory damages for purposes of determining punitives. . . institution acted with actual malice in allowing stock owner to unilaterally terminate co-tenant’s interest. . . $1.1 million punitives properly awarded. . . Larson affirmed. [Read more…]
Deceptive practices, Internet scams
DECEPTIVE PRACTICES: Prior investigations and convictions properly admitted in Internet scam case… detective properly allowed to testify as scam expert over late-disclosure objection… instruction for misdemeanor theft properly rejected based on value of bad checks… Deschamps affirmed. [Read more…]
Drugs, stop of car with headlight out, search
DRUGS: Sufficient implied findings to support general conclusions denying suppression of drugs seized following stop of car with headlight out and search based on consent of passenger in parents’ car… Dayton affirmed. [Read more…]
Drugs, stop of car with headlight out, search
DRUGS: Sufficient implied findings to support general conclusions denying suppression of drugs seized following stop of car with headlight out and search based on consent of passenger in parents’ car… Dayton affirmed. [Read more…]
Will, undue influence, lack of capacity, fiduciary
WILL disinheriting son & daughter in favor of new wife properly declared void for undue influence, lack of capacity… fees awarded against PR for breach of fiduciary duty… Larson affirmed (IOR I-3(c)). [Read more…]
Sanctions, $306,954.23, failure to disclose 1st Will
SANCTIONS: Informal probate of contested 2011 Will executed by dying man disinheriting son named in 1980 Will and leaving Estate to wife of 13 months denied as default sanction for failure to timely disclose Will executed days before contested Will… contested Will also rejected in formal probate… $306,954.23 fees/costs assessed under Rule 37 for untimely disclosure of Will, plus fees-for-fees (disputed as to joint & several with counsel)… Larson. [Read more…]