INSURANCE: Injured driver of mail delivery truck was employee of insured entity under control test in complicated business relationships, coverage barred by employee exclusion… Morris. [Read more…]
Will, handwritten codicil, wish v. devise
WILL: Handwritten codicil properly interpreted as wish that son would get control of trucking company rather than specific devise of company shares to him… Moses affirmed. [Read more…]
Insurance, assisted-living, eligibility, certification
INSURANCE: Eligibility provision of assisted-living policy required only that provider certify that person needed services because she was “Chronically Ill,” insurer’s “needs and receives” interpretation of ambiguous provision rejected… eligibility satisfied when doctor said person was cognitively impaired and needed supervision, policy breached when insurer represented otherwise, whether breach caused damages for jury to resolve… insurer’s refusal to even consider doctor’s letter certifying that person was cognitively impaired and needed assisted living violated §33-18-201(4) requirement to consider “all available information,” whether violation caused damages for jury to resolve… contra proferentum precludes summary judgment for insurer’s reasonable basis defense… promise by insurer years ago to sell policy that would cover all needs if person had to move into assisted living facility not necessarily fraud… Kutzman. [Read more…]
$138,195, negligent issuance of loan, forged ROT
VERDICT: $138,195 (85/15), punitives liability, negligent issuance of loan based on forged resignation-of-trustee document… settled for undisclosed amount. [Read more…]
Insurance, stacking v. bad faith, supervisory
INSURANCE: Supervisory control of Jones as to stacking order denied in light of other issues including bad faith… MVA Defendant assigned claims against insurer to Plaintiffs in exchange for covenant not to execute on $5,250,000 consent judgment… order. [Read more…]
Discovery, supervisory control petition
DISCOVERY: Supervisory control of Krueger denied in discovery dispute… order. [Read more…]
$34,250,000 verdict, LTC policy contract/bad faith
VERDICT: $34,250,000 ($32 million punitives), LTC insurance contract/bad faith. [Read more…]
Third-party parenting/visitation, step-father, sister
THIRD-PARTY PARENTING: Step-father parenting, sister visitation, properly granted… Fagg affirmed.
Comp exclusivity, lost hand, lumber notcher
COMP EXCLUSIVITY: No exception for employee who lost hand while extracting boards from inside running notcher… Todd. [Read more…]
Comp exclusivity, lost ear/scalp, fingerjointer
COMP EXCLUSIVITY: No exception for employee who lost ear & scalp from hair being pulled into crack of gear guard on fingerjointer… pre-Alexander challenge to 39-71-413 denied (1 day after Alexander)… no grounds for piercing corporate [Read more…]