ATTORNEY FEES: $242,050 fees, $35,046 costs awarded following morning-of-trial directed verdict for $539,717 in cancer policy case with 1st-impression notice prejudice rule and verdict of no more money owed, UTPA violation but no damage to Estate… Sherlock. [Read more…]
Verdict, cancer policy, Notice Prejudice Rule
VERDICT: Directed verdict for Plaintiffs prior to commencement of trial for $539,717.90 cancer policy benefits/interest based on pre-trial ruling that Notice Prejudice Rule applies and insurer suffered no prejudice (insurer tendered the $539,717.90 prior to trial reserving right to appeal), subsequent verdict that [Read more…]
Insurance, cancer death claim, statute of limitations
INSURANCE: 8-year statute for cancer death claim runs from date insurer received written notice per proof of loss provision, not from date complaint filed or oral notice… Sherlock. [Read more…]
Insurance/jurisdiction, state/federal actions
INSURANCE/JURISDICTION: Court has discretion to hear coverage dec action brought by insurer, but defers to later- [Read more…]
Product liability, child car seat, death
PRODUCT LIABILITY: Child safety seat maker’s invitation to adopt Restatement for admissibility of regulations as to liability for defective design declined, compliance with FMVSS “minimal standards” irrelevant to design defect claim… prior model substantially similar to death accident model, evidence as to recall/test failures of earlier model [Read more…]