INSURANCE: $1,265,000 properly awarded pest control manufacturer, distributor, apple orchard against CGL/PCOH insurer for failure to defend/indemnity moth damage claims… Baugh affirmed. [Read more…]
ERISA, lawyer, heart condition v. depression
ERISA: Treating cardiologist’s opinion that lawyer disabled because of heart condition, not depression, given greater weight than that of insurer’s consultants, LTD reinstated retroactively… Christensen. [Read more…]
Title insurance, legal access by named streets
TITLE INSURANCE: Developer entitled to recover losses sustained up to policy limit due to land not abutting a physical road open to public access (to gain legal access by way of 3 named streets in prior subdivisions, Plaintiff had to limit lots in new subdivision [Read more…]
$4,725,000, subdivision loan breach, $1,890,000 fees
VERDICT: $4,725,000, subdivision loan breach, $1,890,000 fees based on 40% appeal contingency and successful appeal to disqualify bank’s original counsel, $2,194 costs, $58,278 interest. [Read more…]
Attorney disqualification, “former clients”
ATTORNEY DISQUALIFICATION: Tax attorney advising Plaintiffs’ counsel in suit against bank failed to withdraw or [Read more…]
Defense verdict, rollover death, safety canopy
VERDICT: Defense, rollover death, safety canopy claims against vehicle manufacturer, rental agency, admitted liability by other [Read more…]
Seatbelt use evidence, product liability, negligence
SEATBELT EVIDENCE: Evidence of seatbelt use by decedent in collision-induced rollover partial ejection not prohibited by §61- [Read more…]
Seatbelt evidence, negligence v. product liability
SEATBELT EVIDENCE: Intent of §61-13-106 to bar seatbelt evidence so it would not create a defense in MVAs, not to bar it in [Read more…]
$1,720,000 verdict, heart failure death
VERDICT: $1,720,000, med-mal death, failure of primary care physician to refer patient with heart condition to cardiologist [Read more…]
Insurance, $132,362.29 fees/expenses, $250/hr
INSURANCE: Insureds entitled to fees for litigation over coverage for replacement prosthetic sockets in face of insurer’s continued denial of coverage… also entitled to fees/expenses in relation to requests for admission… $132,362.29 awarded at $250/hr… Fagg. [Read more…]