INSURANCE: Ambiguous “general aggregate” limit in excess liability policy construed to provide additional $4 million for Homeowners for damages from gasoline tanker spill, Homeowners properly awarded attorney fees for insurer’s breach of duty to indemnify to proper limits… insurer did not breach duty to defend by withdrawing from defense and subsequently reinitiating defense (applying Independent Milk to breach of assumed duty to defend), not liable for $13,066,474 stipulated judgment entered 8 months later… McLean affirmed, reversed. [Read more…]
Wrongful death, parents of deceased adult
WRONGFUL DEATH: Parents of deceased adult may seek wrongful death damages for grief, sorrow, mental anguish, to be pursued by PR along with other claims… inconsistent analyses/holdings, imprecise use of “heirs” clarified… McNeil reversed on supervisory control. [Read more…]
Probate, ex-wife conservator/guardian PR
PROBATE: Ex-wife properly PR as conservator of children in intestate probate of ex-husband’s estate… McNeil affirmed. [Read more…]