SUPERVISORY CONTROL of Cunningham denied as to requiring Petitioner to specify a sum-certain for general tort damages… Order. [Read more…]
Furnace fire, cause-in-fact, home destruction
FURNACE FIRE: Fact issues preclude summary judgment that furnace servicer was not cause-in-fact of fire that destroyed home… denial of motion to exclude Plaintiff’s experts because one was Zoom-averse not abuse of discretion… Berger reversed, affirmed. [Read more…]
Insurance, $1,022,257.85 verdict, negligent procurement
INSURANCE: $1,022,257.85 verdict for negligent procurement failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving sinking of condo affirmed… Allison affirmed. [Read more…]
Discovery, Rule 35(b)(1) “like reports”
DISCOVERY: Rule 35(b)(1) “like reports” does not require insurers or their medical examiners to deliver reports for all earlier exams of the condition from all persons examined, but only earlier exams of the Plaintiff regarding the same condition to which the insurers and their Rule 35 examiners may have access… DeSoto. [Read more…]
$1,022,257.85 verdict, negligent insurance procurement
VERDICT: $1,022,257.85, negligent insurance procurement, failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving settlement (sinking) of condo under construction. [Read more…]
Attorney fees, $532,662 fees & costs, flooring litigation
ATTORNEY FEES: $532,662.35 fees & costs awarded 3rd-party Defendant flooring subcontractor and against Defendants/Counterclaimants contractor, realtors, and their joint counsel in convoluted litigation over hardwood flooring finish… subpoena for discovery as to whether fees or costs were paid by insurer denied as irrelevant to reasonableness… motion for relief from sanctions denied… Larson. [Read more…]
Insurance, oil well pollution, primary/umbrella
INSURANCE: Oil well pollution not covered by $1 million umbrella because primary only provides $100,000 pollution coverage… Morris affirmed (memorandum). [Read more…]
Computer cooling unit failure, $1.5 million damage
COMPUTER COOLING UNIT FAILURE: Negligence/contract claims against general contractor relating to failure of cooling unit at State data center resulting in $1.5 million damage rejected on summary judgment . . . Reynolds. [Read more…]
Supervisory control, attorney-client privilege
SUPERVISORY CONTROL of Manley denied as to whether an attorney may violate the attorney-client privilege to defend herself against abuse of process and malicious prosecution claims if the client has declined to waive the privilege… order. [Read more…]
Logging/house contract, verdict amendment
LOGGING/HOUSE CONTRACT: $75,348.18 verdict for logger/contractor against property owner upset by loss of “specimen trees” properly amended to reflect $50,348.18 as breach of contract damages rather than mutually exclusive unjust enrichment, and to vacate $25,000 for breach of implied covenant as double recovery… prejudgment interest denied due to uncertainty of amount of recovery… J. Brown affirmed. [Read more…]