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…]
Arbitration, contract defenses, breach of duty to defend
ARBITRATION: Contract defenses not applicable to an arbitration agreement… arbitration improperly denied insurer based on breach of duty to defend… Christensen reversed (memorandum). [Read more…]
Insurance, arbitration clause, defend/indemnify breach
INSURANCE: Policy arbitration clause unenforceable after insurer breached duty to defend & indemnify transportation company officers resulting in $3,121,758.45 consent judgment in favor of risk retention group. . . Christensen. [Read more…]
Vehicle dealership, limitation of remedies
VEHICLE DEALERSHIP: Limitation of remedies provision bars Plaintiff’s claim for consequential damages for breach of contract but not for “loss resulting in the ordinary course of events from the seller’s breach”… Montana law at the time correctly applied to tort claims (3-year statute), but subsequent Masters mandates applying choice-of-law provision to tort claims arising out of performance of contract as well as contract claims, provision stipulates Texas law (4-year statute)… Molloy affirmed, reversed (unpublished). [Read more…]
Vehicle dealership, limitation of remedies, fraud
VEHICLE DEALERSHIP: Limitation of Remedies not procedurally or substantively unconscionable under Texas law, prohibits dealer from asserting claim for lost profits due to breach of contract involving trucks with non-compliant air brakes… fraud claim [Read more…]
Home construction defects, statute of limitations
HOME CONSTRUCTION DEFECTS: Plaintiffs on notice of defects prior to running of negligence/CPA statutes, not tolled until [Read more…]
Negligence, subsequent remedial, MVA, highway
NEGLIGENCE: Impeachment exception to Rule 407 narrowly interpreted to allow subsequent remedial measures if defendant [Read more…]
Insurance, CGL endorsements ambiguity
INSURANCE: Ambiguous CGL endorsements construed against insurer so that general contractor is additional insured with blanket coverage under policy obtained by supplier… [Read more…]
Insurance, property/pollution exclusions, estoppel
INSURANCE: Insurer not estopped from asserting property exclusion for denying coverage even though adjuster omitted it in denial, since insurer never assumed defense and had no duty to defend… property damage exclusion applies, not necessary to determine pollution exclusion… [Read more…]