PARENTING PLAN: Extensive changes in stipulated plan due to child’s diagnosis of rare genetic disease supported by the record in part, not supported in part… Olson affirmed, reversed (IOR I-3(c)). [Read more…]
Insurance, $2.5 million punitives to $1,064,282.44
INSURANCE: $2.5 million punitives for failure to unconditionally pay UIM to motorcyclist’s estate cut to $1,064,282.44 (4-1 ratio)… attorney expert testimony upheld… new trial not warranted by failure to produce documents during time Plaintiff and attorney conferred as “friends”… Anderson affirmed, reversed (unpublished). [Read more…]
Insurance, stipulated $29 million reasonableness
INSURANCE: Reasonableness of $29 million stipulated judgment for breach of duty to defend improperly considered solely from perspective of uninsured Defendants, remanded for 2nd hearing and objective consideration of merits of underlying case and value to a prudent uninsured of confessing judgment… ESOP payouts not required to be deducted from $29 million but may be considered in reasonableness of settlement… Plaintiffs will be entitled to postjudgment interest if settlement approved following 2nd hearing, but not to prejudgment interest… Townsend reversed, affirmed. [Read more…]
$3,146,185 fees, $29M ESOP stipulated judgment
ATTORNEY FEES: $3,146,185 fees, $89,153 costs awarded in $29 million settlement/stipulated judgment and assignment of rights by grocery chain executives to 35 ESOP participants… $35,816,986 total judgment with $6,816,986 prejudgment interest… appeal bond waived for $26 billion insurer… Townsend. [Read more…]
Insurance, $29 million ESOP settlement, defend
INSURANCE: $29 million settlement by 35 ESOP participants and grocery chain executives found reasonable following reasonableness hearing on remand from Supreme Court holding that insurer breached duty to defend and was estopped from denying coverage and no evidence of collusion but reasonableness hearing required… $29 million judgment against insurer… Townsend. [Read more…]
Defense verdict, ATV tires, crash, fusion
VERDICT: Defense, negligence/misrepresentations as to ATV tires but no cause of injuries, alleged improper tires/inflation resulting in ATV crash, C5-6 fusion. [Read more…]
Insurance, duty to defend, stipulated judgment
INSURANCE: Court correctly found, without coverage analysis, that insurer breached duty to defend after recognizing policy potentially implicated, estopped from denying coverage… $29 million stipulated judgment improperly granted without [Read more…]
Insurance, duplicate med-pay/health insurance
INSURANCE: Based on plain language of auto policy and common sense meaning of “incurred,” insured not precluded from duplicate payment for medicals paid under health policy (1st impression)… insured entitled to fees/ interest, claim for punitives waived by failure to pursue in appeal… Macek reversed. [Read more…]
Insurance, reasonable basis in law, contract, UTPA
INSURANCE: Breach of contract not ameliorated by reasonableness of breaching party’s actions, insurer incorrectly allowed to raise “reasonable basis in law” defense to contract claims where this Court previously held that it incorrectly [Read more…]
Insurance, umbrella, family member exclusion
INSURANCE: Umbrella household exclusion correctly found to unambiguously exclude wife’s claim as passenger in vehicle driven by husband, not violative of reasonable expectations or [Read more…]