INSURANCE: Insurer has duty to defend contractor against all claims in complaint by luxury home owners, but does not have duty to indemnify for $2.6 million+ liquidated damages, breach of warranty, MCPA, unjust enrichment, emotional distress claims, and fact issues preclude summary judgment on duty to indemnify for other claims… Molloy. [Read more…]
Probate, PR appointment, conflict
PROBATE: Heir properly appointed PR despite pre-probate sale of mineral leases for own benefit… Eddy affirmed (IOR I-3(c)). [Read more…]
Probate, 1998 holographic will, current minerals
PROBATE of purported 1998 holographic will barred by 3-year statute, exceptions not applicable, recently discovered mineral interests must proceed in intestacy… Lympus/Eddy affirmed. [Read more…]
Insurance, notice-prejudice, 3rd-party
INSURANCE: Insurer who does not receive timely notice pursuant to policy terms must demonstrate prejudice to avoid defense/indemnification… notice-prejudice rule in 3rd-party case… certified question by 9th Circuit. [Read more…]
Discovery, supervisory control petition
DISCOVERY: Supervisory control of Krueger denied in discovery dispute… order. [Read more…]
Insurance/jurisdiction, CGL notice
INSURANCE/JURISDICTION: Insurer’s dec action retained in Federal Court rather than returning to State Court where case stayed by stipulation and insurer only intervenor… coverage of claims against road contractor barred by failure of [Read more…]
Wilton/Brillhart, insurance declaratories
WILTON/BRILLHART: First-filed insurance declaratory action by insurer dismissed in favor of Plaintiffs’ later State Court action (little significance attached to timing in light of other factors)… Molloy. [Read more…]
Insurance, injured farm worker exclusions
INSURANCE: Coverage of injured farm worker who was eligible to receive work comp excluded… comp not encompassed by [Read more…]
Wrongful death, birthday party shooting, landlord
WRONGFUL DEATH: Birthday party shooting death claims against landlord and his company rejected… contribution preemption not basis for forcing defense of claims with no [Read more…]
Oil/gas, ownership interest to non-party
OIL/GAS: 12.5% ownership interest in lease properly awarded non-party… rehearing denied… order. [Read more…]