CONSORTIUM by adult child of injured parent recognized… certified questions answered for Christensen. [Read more…]
Punitives review, Hyundai steering deaths
PUNITIVES REVIEW: $240 million punitives for 2 deaths from head-on MVA found to be caused by Hyundai steering defect reduced to $72,960,012 (9:1 ratio)… cap unconstitutional, but if upheld by MSC, punitives should be $10 million against knuckle manufacturer and $10 million against vehicle marketer… Christopher. [Read more…]
Insurance/vacatur, “equitable balancing,” Ridley
INSURANCE/VACATUR: “Equitable balancing” should be applied to determine whether Ridley ruling in favor of insurer should be vacated following insured’s confession of judgment on appeal in excess of policy limits, to preclude adverse impact on separate common law bad faith claims… Cebull reversed (unpublished). [Read more…]
$248,106,668 verdict, Hyundai steering, 2 deaths
VERDICT: $248,106,668 ($8,106,668 actual damages, $240 million punitives), head-on MVA, Hyundai Tiburon steering defect v. claim of fireworks in car, 2 deaths. [Read more…]
Insurance, bad faith statute of limitations
INSURANCE: Common law bad-faith claims against auto insurers time-barred… Molloy affirmed (unpublished). [Read more…]
Insurance, disparaging comments by competitors
INSURANCE: Claimed intentional interference by disparaging comments from competing insurers rejected for lack of showing of damages… Sherlock. [Read more…]
Insurance, temporary substitute auto, procurement
INSURANCE: Whether accident vehicle was “temporary substitute” for insured vehicle in shop irrelevant to whether insured was occupying covered auto as defined by UIM in light of disputed claim [Read more…]
Insurance, employer’s liability policy, exclusivity
INSURANCE: Policy provided to well driller pursuant to contract with operator covers wrongful death claim by PR of driller employee against operator, operator qualifies as additional [Read more…]
Insurance, UTPA/common law bad faith, MVA
INSURANCE: UTPA/common law bad-faith claims against auto insurers time-barred… Molloy. [Read more…]
Insurance, anxiety over tax liability
INSURANCE: No duty to defend claim of anxiety over tax liability… Molloy affirmed (unpublished). [Read more…]