INSURANCE: Pre-23 §33-18-242 does not preclude parking lot slip & fall Plaintiff from asserting causes other than statutory or common law bad faith (first impression)… insurer properly granted summary judgment on promissory estoppel, breach of contract, unjust enrichment, interference with economic advantage, constructive fraud., improperly granted on spoliation and equitable estoppel… Deschamps affirmed, reversed. [Read more…]
Arbitration confirmed/settled, vehicle service contract
ARBITRATION: $1,005,073.20 award for breach of service contract for failed vehicle transmission under Illinois Consumer Fraud Act confirmed (grown to $1,152,603 with interest 41 months after arbitration initiated), settled on appeal to Supreme Court for confidential amount… Marks. [Read more…]
Insurance, anti-concurrent cause, certified questions
INSURANCE: 9th Circuit certified questions as to effect of anti-concurrent cause clause vis-à-vis efficient proximate cause doctrine accepted… order. [Read more…]
Insurance, anti-concurrent cause, certified question
INSURANCE: Questions certified to Montana Supreme Court as to effect of anti-concurrent cause clause in policy vis-à-vis efficient proximate cause doctrine regarding claim of house settling damage due to water leak under slab which Watters determined was excluded by Earth Movement Exclusion… order. [Read more…]
$790,941 verdict, centerline sideswipe MVA
VERDICT: $790,941, centerline sideswipe by negligent per se semi-conscious diabetic, cervical spine, brainstem, concussion. [Read more…]
Insurance, house settling damage from water leak
INSURANCE: Claim of house settling damage due to water leak under slab properly determined to be excluded by Earth Movement Exclusion… Watters. [Read more…]
Insurance, “sudden” water damage to RV wall
INSURANCE: Water damage to RV wall constitutes covered “sudden damage” under policy language… Vannatta reversed. [Read more…]
TTD suspension for “no call, no show” at §605 exam
TTD properly suspended for unreasonably failing to attend §605 exam on “no call, no show” basis… DLI affirmed… Sandler. [Read more…]
Work comp, chiropractor as “physician”
WORK COMP: Fleming incorrectly held that WCA procedural statutes in effect date of injury apply, Blythe correctly held that definition of “physician” is the one in statutes in effect at time of trial (includes chiropractors). . . Sandler “reversed” albeit correctly applying most recent holding. [Read more…]
PTD for 1997 injury after retirement age, waiver
Petitioner waived right to PTD after retirement age for 1977 injury by his declarations and conduct including accepting PTD at 1983 rate for nearly 13 years. . . Sandler. [Read more…]
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