INSURANCE: UIM fee opinion amended… order. [Read more…]
Insurance, attorney fees, UIM excess verdict
INSURANCE: When UIM insured is compelled to pursue litigation and a jury awards more than settlement offer, insurer must pay attorney fees… Plaintiff was compelled to sue, jury returned $450,000 verdict, insurer offered $77,500… Menahan reversed. [Read more…]
Defense verdict, Medicine Man MVA invoice
VERDICT: Defense, refusal to pay $6,000 “Medicine Man” invoice for MVA treatment. [Read more…]
Defense verdict, UIM, rear-end MVA
VERDICT: Defense, $60,000 damages but $85,844 threshold UIM, rear-end MVA, neck/shoulder/knee. [Read more…]
Defense verdict, parking lot ice slip & fall
VERDICT: Defense, parking lot ice slip & fall, fractured ankle. [Read more…]
Defense verdict, wildfire, combine
VERDICT: Defense, wildfire started by combine. [Read more…]
Insurance, fees, jury valuation v. lower offers
INSURANCE: Attorney fees denied where insurer did not deny UIM coverage, Plaintiff chose to sue as insurer continued in good faith to evaluate claim and dispute value, jury’s ultimate $450,000 valuation does not mean lower offers unreasonable… Menahan. [Read more…]
Insurance, stipulated $29 million reasonableness
INSURANCE: Reasonableness of $29 million stipulated judgment for breach of duty to defend improperly considered solely from perspective of uninsured Defendants, remanded for 2nd hearing and objective consideration of merits of underlying case and value to a prudent uninsured of confessing judgment… ESOP payouts not required to be deducted from $29 million but may be considered in reasonableness of settlement… Plaintiffs will be entitled to postjudgment interest if settlement approved following 2nd hearing, but not to prejudgment interest… Townsend reversed, affirmed. [Read more…]
New trial, MVA defense verdict, fractured hand
NEW TRIAL properly granted following defense verdict that found admitted negligence was not cause of injury to Plaintiff despite evidence that hand fracture was caused by MVA… Pinski affirmed. [Read more…]
Verdict, reasonably clear MVA liability
VERDICT: MVA liability reasonably clear in declaratory trial, negligence claims to be tried later. [Read more…]