INSURANCE: Injury to Worker Exclusion did not become part of renewed policy due to failure to provide proper notice of updating and insurer and insured “stuck their heads in the sand” as to changes in insured’s operations over several policy renewals, no affirmative misrepresentation that would preclude coverage for injured subcontractor of subcontractor… declaration of insurer’s employee stricken as undisclosed expert testimony, not lay testimony as purported… Molloy. [Read more…]
$3,307,500 verdict, buy-sell access disclosure dispute
VERDICT: $3,307,500 verdict in buy-sell access disclosure dispute ($2,450,000 compensatory damages and $812,500 punitives against seller to buyers, $35,000 damages against seller’s agent, $10,000 damages against buyers’ agents). [Read more…]
Manager liability, resort CO death/injury
MANAGER LIABILITY: Resort GM who planted CO detector in room after guests were poisoned dismissed pursuant to respondeat superior/corporate shield… statement to officers admitting planting admissible against resort as admission by party-opponent, deposition admission not admissible without further authority in support of him being resort’s “managing agent”… Ohman. [Read more…]
Insurance, $37,500 fees, delayed policy limits
INSURANCE: $37,500 fees at 25% (downward from 1/3 contingency) awarded on delayed acceptance of $250,000 UM limits demand for attempted kidnap injuries, $16,312.50 prejudgment interest… Souza. [Read more…]
Insurance, injured driver of leased mail truck
INSURANCE: Injured driver of leased mail truck employed by USPS contractor excluded from auto policy coverage under truck policy by Comp Exclusion because contractor had statutory obligation to provide comp even though it did not do so… summary judgment for insurer on remand from reversal of summary judgment for insurer based on Employee Exclusion… Morris. [Read more…]
Insurance, homeowner policy, embezzlement
INSURANCE: No coverage under homeowner policy for embezzlement claims… Haddon. [Read more…]
Insurance, Employee Exclusion, “employee”/control test
INSURANCE: Injured driver of leased mail truck employed by USPS contractor not excluded from truck coverage when applying language of Employee Exclusion and definition of “employee” rather than the “control test”… Morris reversed (2-1 memorandum). [Read more…]
Medical malpractice, hospital decedent’s cell phone
MEDICAL MALPRACTICE: Supervisory control of McElyea denied as to order to produce decedent’s cell phone for hospital’s expert to attempt to retrieve data for 2 days of hospitalization in case alleging death resulting from excessive medication… Petitioner’s request to “File Additional Information to Correct the Record” rejected as inappropriate under MRAP… order. [Read more…]
Insurance, employee of complex mail delivery businesses
INSURANCE: Injured driver of mail delivery truck was employee of insured entity under control test in complicated business relationships, coverage barred by employee exclusion… Morris. [Read more…]
Arbitration, no assent to agreement
ARBITRATION: Plaintiff did not assent to arbitration agreement expressly or impliedly, by failure to opt out, or by continuing to work for Defendant… order compelling arbitration reversed… Haddon reversed (memorandum). [Read more…]