INSURANCE: Comp insurer with safety program owed duty of care under Restatement of Torts §324(b)-(c) to warn workers of risk of Libby asbestos exposure… summary judgment to worker on duty element of negligence claim against insurer erroneously granted without applying 324A, but correct result for wrong reason… ruling allows 800+ former Grace workers to continue claims against insurer… Eddy affirmed (other grounds, supervisory control). [Read more…]
Age discrimination, auto dealer office manager
AGE DISCRIMINATION: Auto dealership office manager, 66, demonstrated prima facia case of age discrimination when demoted with pay cut and replaced with 31-year-old, but legitimate business reasons shown… Caroline Holien. [Read more…]
$1,275,000 settlement, MPC/NWE comp claims
SETTLEMENT: $1,275,000 by MPC’s insurer following defense verdict and order for new work comp bad faith trial based on juror misconduct, in addition to previous $2.5 million from co-Defendant NWE and $200,000 from adjuster, in addition to [Read more…]
Insurance, wildfire, “conduct of business”
INSURANCE: “Conduct of business” in “Business Squire” policy triggers coverage of wildfire that resulted from felling dead tree in yard of home-based business to protect business equipment and [Read more…]
Class action, dam shore damage
CLASS ACTION: All criteria satisfied for certification of property owners claiming shore damage from Kerr Dam operation… Curtis reversed. [Read more…]
Jury, work comp bad faith mistrial, misconduct
JURY: Mistrial/new trial granted following class action work comp bad faith defense verdict due to extraneous information during deliberations (employee handbook, information that class member had other comp claims) which prejudiced Plaintiffs… Krueger. [Read more…]
Insurance, MMIA coverage, $3 million verdict
INSURANCE: Coverage by MMIA/GEM of $3 million verdict to developer for lost industrial park opportunity due to City’s wrongful takeover of property excluded as “financial gain” to which City not legally entitled… Seeley. [Read more…]
Defense verdict, work comp bad faith, class action
VERDICT: Defense, work comp bad faith (interest damages. emotional distress, punitives), class action. [Read more…]
Work comp bad faith, class certification
WORK COMP BAD FAITH/CLASS CERTIFICATION: Malice/punitives claims not fact intensive as to individual class members (unlike fraud claims), properly included in class action… class properly defined… Krueger affirmed. [Read more…]
Negligence/CPA, house settling, verdict
NEGLIGENCE/CPA: Evidence of settling of other houses in subdivision improperly precluded, particularly after Defendant opened door by suggesting Plaintiffs’ situation unique… federal “substantially injurious to consumers” definition of CPA unfair act adopted… verdict denying recovery under CPA and apportioning negligence 10% to developer, [Read more…]