INSURANCE: Insurer had adequate legal basis for retaining potential Libby asbestos settlement funds while reasonably contesting coverage… bad faith suit properly dismissed… Johnston affirmed (memorandum). [Read more…]
Insurance, no cooperation with lightning investigation
INSURANCE: Failure to cooperate with insurer’s investigation precludes further recovery of claimed loss under High Value Homeowners Policy for alleged damages from lightning strike… Ohman. [Read more…]
Insurance, software valuation of damaged vehicle
INSURANCE: Claims that LLC’s vehicle damaged by self-insured truck was undervalued by software utilized by TPA adjuster resulting in underpaying thousands of consumers by many millions of dollars dismissed in part, allowed to proceed in part… Molloy. [Read more…]
Insurance, asbestos settlement bad faith
INSURANCE: Bad faith claims after settlement of asbestosis claims with State rejected based on judicial admissions in settlement proceedings that insurer had reasonable basis for contesting claims and because insurer had reasonable basis to contest coverage… Johnston. [Read more…]
Insurance, MMIA v. MSF
INSURANCE: Claims by MMIA that MSF and its broker illegally solicited business from municipalities precluded by Sherman Act and Robinson-Patman Act as they allege activity regulated by state law as part of the business of insurance… Morris. [Read more…]
Rehearing denied, defective foam spray insulation
REHEARING denied as to Order holding that Cuffe improperly found jurisdiction over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Order. [Read more…]
Personal jurisdiction, Arizona spray foam manufacturer
PERSONAL JURISDICTION improperly found over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Cuffe reversed on supervisory control (Opinion & Order). [Read more…]
Insurance, $3.76 million verdict, defective floating pool
INSURANCE: Coverage of $3.76 million net verdict for defectively designed & constructed disappearing floor pool at residence precluded by CGL business risk and professional liability exclusions… Molloy. [Read more…]
Insurance, defense of CPA against defamation
INSURANCE: Insurers correctly found to have no duty to defend CPA against claims stemming from participation in allegedly baseless 2012 suit… Vannatta affirmed. [Read more…]
Insurance, destroyed tank wash building
INSURANCE: Summary judgment that CGL policy purchased for premises containing office, warehouse, and shop space does not cover subsequently constructed tank wash building that was destroyed by fire affirmed… Watters affirmed (memorandum). [Read more…]