VERDICT: Defense, claimed CO exposure due to disruption of venting by roofer. [Read more…]
Defense verdict, whiteout MVA counter-claim
VERDICT: Defense, white-out MVA counter-claim… $30,000 settlement of primary claim… Tribal Court jurisdiction issue. [Read more…]
Attorney fees, $3 million consent judgment
ATTORNEY FEES: Attorneys entitled to fees based on what client, as assignee of insurer in $3 million “tough love” suicide consent judgment, would have been able to recover for time & expenses [Read more…]
Insurance, “tough love” suicide, “arising out of,”
INSURANCE: Only “false conflict” between Utah and Montana law as to “arising out of” in context of duty to defend, Montana law applied to CGL/umbrella policies covering Utah entity that provided services to Montana residential youth program… [Read more…]
Jury waiver, unilateral, buried, knowing/voluntary
JURY WAIVER: Defendant failed to overcome presumption against waiver, failed to prove knowing waiver by buried unilateral provision, motion to strike jury demand denied… Molloy. [Read more…]
Wrongful discharge, construction supervisor
WRONGFUL DISCHARGE: Montana supervisor properly terminated by Florida managers based on complaints of Montana employees… H. Brown affirmed. [Read more…]
Insurance, employee murdered by husband at work
INSURANCE: Murder of employee by husband at work did not “arise out of” employment, no coverage under employer’s liability part of work comp policy, no duty to indemnify… Seeley. [Read more…]
Supervisory control, superseding cause, bus rollover
SUPERVISORY CONTROL denied as to Dayton’s refusal to preclude superseding cause in bus deer-strike rollover after finding negligence per se and that bus operator is “a” cause in fact of injuries… order. [Read more…]
Jurisdiction, Kansas bus components
JURISDICTION: Supervisory control of Dayton and Newman denied as to their finding of jurisdiction over Kansas manufacturer of fiberglass components of bus that overturned [Read more…]