INSURANCE: Pretrial rulings in condo building wind damage UTPA case… Johnston. [Read more…]
Corporate oppression, vexatious disbarred attorney
CORPORATE OPPRESSION claims by daughter involving father’s estate’s interests in numerous corporations properly dismissed following bench trial case-in-chief. . . $20,927.50 fees/costs properly awarded mother’s conservator attorney under Foy for preparing to defend himself for 2 years before being named (never should have been named) and $35,128 for attorneys retained to defend him at trial, also entitled to fees on appeal but not fees-for-fees. . . Plaintiff not denied a fair trial. . . disbarred Plaintiff declared vexatious litigant. . . Fagg affirmed. [Read more…]
Insurance bad faith, discovery rulings
INSURANCE BAD FAITH: Discovery compelled in part, denied in part. . . document “dump” prohibited, must be searchable and indexed, no “confusing and evasive” responses to broader requests. . . Plaintiff awarded 1/2 fees/costs incurred on motion. . . Molloy. [Read more…]
Insurance bad faith, attorney-client v. advice of counsel
INSURANCE BAD FAITH: Insurers given deadline to affirm whether they intend to irrevocably assert attorney-client privilege v. advice-of-counsel defense. . . Johnston. [Read more…]
$8,250 verdict, snowy MVA, pre-impact terror
VERDICT: $8,250, snowy MVA, admitted fault, severe emotional distress & terror for thinking he would die at impact. [Read more…]
Insurance, Hutterite Colony UIM policy
INSURANCE: Hutterite Colony members not “insureds” under Colony UIM policy for injuries while passengers in another Colony’s vehicle… Spaulding affirmed. [Read more…]
Appellate mediation, opt out for inability to afford
APPELLATE MEDIATION: Request to opt out because unable to afford mediator denied… order. [Read more…]
Statute of repose, defective school roof, “completed”
STATUTE OF REPOSE bars claims relating to defective school roof based on determination of when it was “completed”… fees awarded architect against District based on contract… Boucher affirmed. [Read more…]
Insurance, PL, prospective firefighter stroke
INSURANCE: Professional Liability Policy construed to cover massive stroke by prospective firefighter following physical ability test… Kutzman. [Read more…]
Insurance, duty to defend, stipulated judgment
INSURANCE: Court correctly found, without coverage analysis, that insurer breached duty to defend after recognizing policy potentially implicated, estopped from denying coverage… $29 million stipulated judgment improperly granted without [Read more…]