RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Defamation, store customer who “contacted” employee
DEFAMATION: Claim that store customer was defamed by manager accusing him of “misdemeanor assault” for making physical contact with bent-over employee rejected on summary judgment… Whelan. [Read more…]
Insurance bad faith, Vermont regulatory consent order
INSURANCE BAD FAITH: Vermont regulatory consent order relevant to UTPA/punitives claims… testimony of attorney in a similar case allowed to show identical pattern of conduct alleged in this case… Todd. [Read more…]
Insurance, discovery, house counsel turned adjuster
INSURANCE: House counsel who “assisted” adjuster waived attorney-client/work-product privileges, is subject to discovery and deposition… Todd. [Read more…]
Insurance, beetle-infested log home
INSURANCE: Policy correctly held not applicable to construction of beetle-infested log home… Christensen affirmed (memorandum). [Read more…]
Comp exclusivity, “immediate employer,” PEO
COMP EXCLUSIVITY: Trucking company was an “immediate employer” (employer-in-fact) of driver assigned by PEO (employer-at-law) which paid comp premiums. . . PEO Act not violative of Art. II §16 full redress. . . trucking company entitled to immunity from tort claims by injured driver. . . Townsend affirmed. [Read more…]
Insurance, log home beetle infestation
INSURANCE: Disputed facts as to whether log home builder knew of industry practice of treating logs with insecticide and chose not to treat them and whether beetle infestation could have been expected preclude summary judgment for insurer on coverage. . . also remanded as to whether any coverage was lost when homeowner and builder settled for $328,824 without insurer’s consent. . . Christensen reversed (unpublished). [Read more…]
Comp exclusivity, trucking employee, PEO
COMP EXCLUSIVITY: Trucking company was immediate employer of employee assigned by PEO, entitled to comp exclusivity… unconstitutionality of PEO Act not proven… Townsend. [Read more…]
Insurance, log home beetle infestation
INSURANCE: Employers Mutual changes coverage analysis but does not result in coverage of beetle infestation claims against log home builder, reconsideration denied… homeowner’s counterclaims against insurer, 3rd-party claims against agent, rejected… Christensen. [Read more…]
Insurance, beetle infested log home
INSURANCE: CGL insurer did not breach duty to defend or settle beetle infestation claims against log home builder… decision not to treat logs with insecticide was not covered “occurrence”… insurer not liable for $328,825 consent judgment… Christensen. [Read more…]