INSURANCE: Driver killed in single-vehicle crash properly excluded under family member exclusion, insurer had no duty to defend estate, not liable for $3 million default judgment against estate… negligence, common law bad faith, fraud, negligent misrepresentation claims time- [Read more…]
Job “accident,”
Petitioner did not prove job “accident” from alleged overhead door falling on shoulder… Shea. [Read more…]
Settlement rescission, brain injury, “unsound mind”
Brain injury Claimant “of unsound mine,” settlement subject to rescission, timely filed to rescind within 5-year extension [Read more…]
Judge substitution, added adverse Defendant
JUDGE SUBSTITUTION: Sellers’ attorney in failed property sale who was added to buyer’s complaint against sellers should be [Read more…]
Product liability, load binder handle
PRODUCT LIABILITY: Affirmative defenses of misuse, assumption of risk, contributory/comparative negligence where truck driver [Read more…]
Modified position acceptance
Petitioner failed to accept modified position, moved out of area thereby resigning position, did not requalify for TTD within time at issue… benefits not unreasonably terminated, [Read more…]
Domiciliary care by wife, hours/wages
.5-1/hr/day domiciliary care by wife at $9.84/hr (local prevailing wage) for paraplegic… no compensation for services within Claimant’s capabilities, beyond normal household duties, home maintenance… insurer offered reasonable voc plan, cannot be found unreasonable for [Read more…]
UEF reimbursement, non-primary contractor
UEF not entitled to reimbursement from non-primary contractor, nor under “equitable” theory… Shea.
H&D contracted with Enzo Const. for condo work. One of Enzo’s employees [Read more…]