INSURANCE: Insurer breached duty to defend truck driver’s estate against claims by injured passenger and estate of deceased infant, responsible for $3,253,603.60 consent judgment… Townsend. [Read more…]
Insurance, ambiguous Builders’ Risk policy
INSURANCE: Ambiguous Builders’ Risk policy construed to cover pipeline right of way after it was cleared, excavated, and leveled as “structure” and therefore “Covered Property,” not precluded by “land” exclusion, interpretation not inconsistent with additional [Read more…]
Insurance, reserve discovery, bad faith
INSURANCE: Reserve information relevant to bad faith claim, insurer not entitled to protective order excluding all information related to reserves in discovery, may seek to ameliorate any prejudice by in limine motion or cautionary instruction… Christensen. [Read more…]
City negligence, walking path skateboarder death
CITY NEGLIGENCE: No duty as to privately owned walking path in subdivision on which skateboarder was killed simply because of proximity to City owned bike path… public duty “detrimental [Read more…]
Jurisdiction, Kansas bus components
JURISDICTION: Supervisory control of Dayton and Newman denied as to their finding of jurisdiction over Kansas manufacturer of fiberglass components of bus that overturned [Read more…]
Libel/malicious prosecution, appraiser complaints
LIBEL/MALICIOUS PROSECUTION: Complaints against appraiser privileged communications made in official proceeding authorized by law and to proper authorities, immune from libel claim, summary judgment rather than jury determination proper… malicious prosecution claim [Read more…]