VERDICT: $400,000 for unjust enrichment to Estate of deceased partner in joint real estate ventures, $43,000 to Defendant partner for fraud/constructive fraud/deceit by deceased partner. [Read more…]
Insurance, subrogation made-whole, individual/class
INSURANCE: Supervisory control of Wilson denied as to dismissal of subrogation made-whole individual and class claims as unripe and thus currently unjusticiable… order. [Read more…]
$52,348 verdict, construction lien, no negligence
VERDICT: $52,348 for construction lien, no negligence on counterclaim. [Read more…]
Real estate development, “muddled & chaotic case”
REAL ESTATE DEVELOPMENT: Summary rulings in “muddled and chaotic case” in which no party substantially prevailed affirmed… no fees per prevailing party or derivative claim statute… Jones affirmed. [Read more…]
Negligence/insurance, $400,000 MVA verdict
NEGLIGENCE/INSURANCE: $400,000 MVA verdict upheld, but Plaintiff who did not name insurer precluded from executing against tortfeasor’s estate for any amount in excess of $100,000 policy limits because of failure to timely assert creditor’s claim… offset of $16,306 advanced medicals improperly denied… erroneous determinations as to non-party insurer’s alleged misconduct precluded on remand… Salvagni affirmed, reversed. [Read more…]
Service of process, evasion, equitable estoppel
SERVICE OF PROCESS not effected by personal service (insurance agent not authorized to accept) or via SOS (“unclaimed” not same as “refused”), statutory presumption for estoppel not [Read more…]