INSURANCE: Bad faith claims after settlement of asbestosis claims with State rejected based on judicial admissions in settlement proceedings that insurer had reasonable basis for contesting claims and because insurer had reasonable basis to contest coverage… Johnston. [Read more…]
Insurance bad faith, esophagal perforation settlement
INSURANCE BAD FAITH claims following $400,000 settlement of esophageal perforation during student intubation med-mal case properly rejected on summary judgment… Christensen affirmed (memorandum). [Read more…]
Service of process not met by appearance notice
SERVICE: McMahon’s ruling that strict compliance with service rules is obviated by Defendant’s notice of appearance reversed on supervisory control, remanded to dismiss MVA case for failure of proper service… Order. [Read more…]
Rehearing denied, defective foam spray insulation
REHEARING denied as to Order holding that Cuffe improperly found jurisdiction over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Order. [Read more…]
Personal jurisdiction, Arizona spray foam manufacturer
PERSONAL JURISDICTION improperly found over Arizona manufacturer of allegedly defective spray foam insulation applied to Montana home… Cuffe reversed on supervisory control (Opinion & Order). [Read more…]
Manager liability, resort CO death/injury
MANAGER LIABILITY: Resort GM who planted CO detector in room after guests were poisoned dismissed pursuant to respondeat superior/corporate shield… statement to officers admitting planting admissible against resort as admission by party-opponent, deposition admission not admissible without further authority in support of him being resort’s “managing agent”… Ohman. [Read more…]
Insurance, $3.76 million verdict, defective floating pool
INSURANCE: Coverage of $3.76 million net verdict for defectively designed & constructed disappearing floor pool at residence precluded by CGL business risk and professional liability exclusions… Molloy. [Read more…]
Insurance, $37,500 fees, delayed policy limits
INSURANCE: $37,500 fees at 25% (downward from 1/3 contingency) awarded on delayed acceptance of $250,000 UM limits demand for attempted kidnap injuries, $16,312.50 prejudgment interest… Souza. [Read more…]
Spoliation, excavator bucket falling on worker in trench
SPOLIATION: First-impression issues in context of settled parties involving excavator bucket falling on worker in trench and inspections without notice to sewer contractor and removal of machinery resolved by finding of negligent — not intentional — spoliation and payment of expenses including attorney fees for contractor to conduct its own inspection… $33,277 awarded of $83,190 requested… Marks. [Read more…]
Discovery, vehicle rental company 30(b)(6) designees
DISCOVERY: Vehicle rental company compelled to produce thoroughly educated & prepared 30(b)(6) designees to address topics listed in wrongful death Plaintiffs’ notices (all topics, not just topics specifically identified in Order, to avoid further pettifogging and taking a mile when given an inch), failure to provide knowledgeable designees shall be contempt of court… given Plaintiffs’ failure to specifically request what they now seek and that the materials were ultimately disclosed, sanctions under 37(c) are not appropriate, any other result would value the discovery motion more than the discovery… Molloy. [Read more…]