INSURANCE: Insurer had adequate legal basis for retaining potential Libby asbestos settlement funds while reasonably contesting coverage… bad faith suit properly dismissed… Johnston affirmed (memorandum). [Read more…]
Insurance, software valuation of damaged vehicle
INSURANCE: Claims that LLC’s vehicle damaged by self-insured truck was undervalued by software utilized by TPA adjuster resulting in underpaying thousands of consumers by many millions of dollars dismissed in part, allowed to proceed in part… Molloy. [Read more…]
Nursing, Warfarin prescriptions, heart attack death
NURSING: Clinic nurse who prescribed increased Warfarin to patient who later died of heart attack shielded from personal liability by corporate shield, not liable under CPA for employer’s business practices… claims framed in ordinary negligence or “nursing malpractice” in attempt to avoid med-mal damages cap… Recht affirmed (memorandum). [Read more…]
$237,659.60 default judgment, wrongful discharge
DEFAULT: $237,659.60 wrongful discharge judgment properly not set aside based on excusable neglect where registered agent received summons but HR Director initiated internal investigation rather than company filing appearance or answer… Townsend affirmed. [Read more…]