ATTORNEY FEES/COSTS denied to Plaintiff following verdict finding MVA liability reasonably clear in declaratory trial where she had received 80% of medicals/wages prior to dec action, remaining amounts thereafter without trial… unreasonable to pursue through trial to get a determination of reasonably clear liability for the purpose of seeking discretionary fees… Salvagni. [Read more…]
Advance medical payments, declaratory judgment
ADVANCE MEDICAL PAYMENTS under Ridley not amenable to declaratory action where material facts are disputed as to negligence and comparative negligence in bicycle/auto collision… Newman. [Read more…]
Verdict, reasonably clear MVA liability
VERDICT: MVA liability reasonably clear in declaratory trial, negligence claims to be tried later. [Read more…]
Insurance, enforceable binder, policy date, MVA
INSURANCE: No enforceable binder until insured chose premium/deductible, 6-month policy started from time of enforceable binder, not date of application 6 days earlier, extended 6 days past MVA… confusing cancellation notices construed against insurer, final notice not just for non-payment of premium but also related to renewal for next 6-month period, did not clearly state that payment was to replenish reserve account required for renewal of policy… premiums for policy period paid in full when crediting service charges for installment payment plan… insured covered for MVA by UIM, entitled to fees/costs… H. Brown. [Read more…]
Insurance, stolen unattended vehicle in driveway
INSURANCE: Unattended Motor Vehicles statute not applicable to vehicle stolen while warming up in private driveway (1st impression)… declaratory action not appropriate for determining whether coverage under owner’s policy for damages incurred by driver of vehicle rear- [Read more…]
Negligence, waving driver, bicycle/truck/pickup
NEGLIGENCE: Truck driver who stopped and waved oncoming pickup to turn left in front of him assumed duty of acting with reasonable care, up to jury whether he breached duty or [Read more…]
Supervisory control, bicycle per se negligence
SUPERVISORY CONTROL of Swandal denied as to summary judgment statement that bicycle Plaintiff violated §61-8-324 (passing on right) and was cited… order. [Read more…]
Health care information, MVA injury subpoena
HEALTH CARE INFORMATION claims against MVA lawyer’s subpoena of medical records rejected… Salvagni affirmed (IOR I-3(d)(v)). [Read more…]