GROUP HEALTH PLAN: Class properly certified in made-whole challenge of exclusion requiring auto liability to be exhausted prior to processing health plan claims… 1 known member but others certain to be found or class may be decertified… Sherlock affirmed. [Read more…]
Insurance, home defects, $192,500 confession
INSURANCE: Insurer breached duty to defend contractor against home defect claims, liable for $192,500 settlement… Court declines to extend insurance exception or DJA to assignee of indemnity right under insurance contract for attorney fees… assignee has standing to bring coverage action, sue under UTPA, despite insurer not consenting to insured assigning rights… insurer’s coverage argument a non-issue following breach of duty to defend… risk retention group irrefutably subject to liability for any proven violations of UTPA, Court disheartened by representations otherwise… amendment by Plaintiff to fix typo granted over insurer’s request for summary judgment for citation to wrong statute… Christensen. [Read more…]