INSURANCE: Insurer correctly denied benefit of the §2-9-108 $750,000 cap in relation to $12,410,016.11 bench judgment for injuries from snowplow running stop sign because it waived the cap by providing a policy to the County with limits in excess of the cap… Rienne McElyea affirmed. [Read more…]
University System, gun control authority
UNIVERSITY SYSTEM has constitutional authority to regulate firearms on campuses… McMahon affirmed. [Read more…]
Insurance, equitable estoppel, insurer v. insurer
INSURANCE: Equitable estoppel improperly applied in dispute between insurers, remanded to determine whether this litigation with settlement between MVA Plaintiffs and primary insurer presents a single claim governed by $1 million “each Claim” limit or multiple (class) claims governed by $3 million aggregate limit… damages stemming from primary insurer’s failure to conduct a made-whole analysis for class members are not precluded by indemnification “Loss” exclusion for contract damages (first impression)… Seeley reversed, affirmed. [Read more…]
Intervention, shooting association, campus firearms
INTERVENTION by shooting association properly denied in Regents’ challenge to HB 102 regulating firearms on university campuses… supervisory control of McMahon denied… order. [Read more…]
Title insurance, policy v. preliminary commitment duty
TITLE INSURANCE: Statutes governing issuance of a title policy do not impose a duty with respect to the offer of insurance in a preliminary commitment… claims by sellers in failed transaction stemming from failure to insure for legal access properly rejected… Hayworth affirmed. [Read more…]
Legal malpractice/insurance, potential claims disclosure
LEGAL MALPRACTICE/INSURANCE: Rehearing denied as to ruling that coverage of $2,083,171 default and $9,157.50 discovery sanctions were properly excluded as to Firm and 2 members not involved in default or sanctions since the member who was involved did not disclose potential claims at inception of policy… order. [Read more…]
Bench judgment, $12,410,016, snowplow/auto, TBI
BENCH JUDGMENT: $12,410,016.11 for 32-year-old suffering TBI from County snowplow running stop sign and slicing into her vehicle… Rienne McElyea. [Read more…]
Legal malpractice/insurance, $2,083,171 default
LEGAL MALPRACTICE/INSURANCE: Coverage of $2,083,171 default and $9,157.50 discovery sanctions properly excluded as to Firm and 2 members not involved in default or sanctions since the member who was involved did not disclose potential claims at inception of policy… Menahan affirmed. [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…]