INSURANCE: Victory properly fined the maximum for failing to provide its records to the Commissioner in usable form… Seeley affirmed. [Read more…]
Insurance, Victory’s sale of comp policies to Clear Spring
INSURANCE: Victory properly found in violation of insurance code by sale of its comp policies to Clear Spring, fined $250,000 without jury trial… McMahon affirmed. [Read more…]
Rape of group home resident, State/home duty of care
RAPE: Developmentally disabled resident of group home who was raped by employee was not owed nondelegable duty of care by the State but was owed duty by the home… Menahan affirmed, reversed. [Read more…]
Insurance, records format for data transfer
INSURANCE: Writ of prohibition against Insurance Commissioner’s enforcement action properly denied in records format dispute between comp insurers… Abbott affirmed. [Read more…]
$2,850,000 settlement, Chamber Choices class action
SETTLEMENT: $2,850,000 settlement of Chamber Choices litigation including $950,000 fees for Class Counsel approved… Halligan. [Read more…]
Insurance, oilfield waste pollution, Louisiana/Montana
INSURANCE: Coverage and defense of oilfield waste pollution suits by Louisiana entities for activities in Montana precluded by failure to provide timely notice and by material misstatements in policy applications… Louisiana law applied in case transferred to Montana… Morris affirmed. [Read more…]
Insurance, oilfield waste pollution, notice/misstatements
INSURANCE: Coverage and defense of oilfield waste pollution suits by Louisiana entities for activities in Montana precluded by failure to provide timely notice and by material misstatements in policy applications… Louisiana law applied in case transferred to Montana… Morris. [Read more…]
State pay plan, HO’s perceived remand directive
STATE PAY PLAN: Due process rights of attorneys challenging pay disparities violated by HO’s apparent perception of directive by BOPA in remand order, properly remanded for another hearing… Reynolds affirmed (IOR I-3(c)). [Read more…]
Venue, Insurance Commissioner v. Victory
VENUE properly changed from L&C to Custer for Insurance Commissioner’s regulatory action against Custer-based Victory under specific v. general statutes. . . Hayworth affirmed. [Read more…]
Arbitration, failed investments, clause enforcement
ARBITRATION: Investors properly compelled to submit failed investment claims to binding arbitration . . . Deschamps affirmed. [Read more…]
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