INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]
Insurance, duty to defend State, Libby asbestos claims
INSURANCE: Insurer of State against Libby asbestos claims 7/73-7/75 breached duty to defend, liable for all defense costs incurred after 7/05, amounts of completed settlements as of date each was approved, pre-judgment interest on those amounts, attorney fees/costs incurred by State in this dec action. . . H. Brown. [Read more…]
Probate, reformation of donative documents
PROBATE: Restatement of Property allowance for reformation of donative documents to correct unilateral mistakes adopted as to instruments other than wills… while donative instrument may be subject to reformation after death, permitting a stranger to the [Read more…]
Dismissal, failure to attend own deposition
DISMISSAL of WDA/FMLA case with prejudice with fees/costs proper for failure to attend Plaintiff’s deposition… claim that attorney allowed to withdraw without opportunity for Plaintiff to respond not preserved for appeal… Seeley affirmed (IOR I-3(d)). [Read more…]
UI, rudeness/language, “carelessness,”
UI: Deli clerk’s rudeness/language constituted misconduct under “carelessness” standard, properly found ineligible for UI by DLI… HO/BLA reversed, Seeley affirmed. [Read more…]