DISABILITY DISCRIMINATION: $177,458, failure to engage in interactive process with airline agent as to his request to return with restrictions following wrist surgery… Administrative Decision, Joslyn Hunt. [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…]
House construction, extravagant lake house defects
HOUSE CONSTRUCTION: Most claims against general contractor and subcontractors involved in extravagant lake house and boathouse projects dismissed on summary judgment… Eddy. [Read more…]
Spoliation sanctions, body shop fire death
SPOLIATION: Defendants in body shop fire death who destroyed or failed to object to destruction of evidence to be sanctioned with adverse instruction and preclusion of contributory. . . Halligan. [Read more…]
Insurance, Ridley dec action summary judgment
INSURANCE: Summary judgment improper on Ridley declaratory action where IME doctors’ affidavits provide reasonable debate as to causation and damages… unsworn affidavits improperly rejected… fees/costs award also reversed… Haynes reversed. [Read more…]
Insurance, $5 million umbrella rescission
INSURANCE: $5 million umbrella liability policy rescinded for failure to list Virgin Island home on renewal forms for 2 Montana residences, defeating claim for coverage of swimming pool accident… Christensen. [Read more…]
Comp exclusivity, corporate officer/co-employees
WORK COMP EXCLUSIVITY: Corporate officer acting on behalf of corporation, not individually as owner, while supervising employee injured assembling carpet racks, immune from suit… Larson affirmed. [Read more…]
Insurance, wood pyrolysis, restaurant fire
INSURANCE: Even if exposure of wood to excessive water heater exhaust temperatures created harmful conditions due to pyrolysis, that condition did not result in property damage from “occurrence” during policy period, restaurant fire after policy termination not covered, summary judgment no coverage/duty to defend properly granted… counterclaims dependent on coverage properly dismissed with prejudice… Allison affirmed. [Read more…]
Endangered species, wolves, appropriations rider
ENDANGERED SPECIES: Despite separation of powers, rule of law concerns, 9th Circuit law dictates upholding rider to [Read more…]
Insurance, fuel truck MVA, helicopter policy
INSURANCE: Helicopter policy covered fuel truck crash under “arising out of the ownership, maintenance or use of the [Read more…]