INSURANCE: Lifetime home care and numerous other claims under long term care and home-care recovery policies properly rejected on summary judgment… Christensen affirmed (memorandum). [Read more…]
Long-term care insurance, claim of lifetime home care
LONG-TERM CARE INSURANCE: Lifetime home care and numerous other claims under Long Term Care Policy and HomeCare Recovery Policy rejected on summary judgment… Christensen. [Read more…]
Probate, girlfriend transfers/marriage, dying boyfriend
PROBATE: Girlfriend did not exceed POA when she transferred dying boyfriend’s money… boyfriend had capacity to enter valid deathbed marriage and to create and amend a valid unwitnessed will (placing burden to prove lack of intent or capacity on contestants harmless error)… Townsend affirmed. [Read more…]
Wrongful stock transfer, $1.1 million punitives
WRONGFUL STOCK TRANSFER: Order restoring converted stock constituted award of compensatory damages for purposes of determining punitives. . . institution acted with actual malice in allowing stock owner to unilaterally terminate co-tenant’s interest. . . $1.1 million punitives properly awarded. . . Larson affirmed. [Read more…]
Will, $1 to contestants
WILL: 4 children’s inheritance properly limited to $1 under “no contest” provision of mother’s Will as they lacked probable cause to contest validity of Will… PR properly awarded fees/costs for defending… Wheelis affirmed (IOR I-3(c)). [Read more…]
Will, undue influence, lack of capacity, fiduciary
WILL disinheriting son & daughter in favor of new wife properly declared void for undue influence, lack of capacity… fees awarded against PR for breach of fiduciary duty… Larson affirmed (IOR I-3(c)). [Read more…]
Sanctions, $306,954.23, failure to disclose 1st Will
SANCTIONS: Informal probate of contested 2011 Will executed by dying man disinheriting son named in 1980 Will and leaving Estate to wife of 13 months denied as default sanction for failure to timely disclose Will executed days before contested Will… contested Will also rejected in formal probate… $306,954.23 fees/costs assessed under Rule 37 for untimely disclosure of Will, plus fees-for-fees (disputed as to joint & several with counsel)… Larson. [Read more…]
Insurance, businessowner’s liability, proprietary
INSURANCE: No Businessowners’ Liability coverage for dispute between marketing/advertising entities… no obligation to provide independent counsel to individual Defendant… Christensen. [Read more…]
Insurance, gasoline tanker spill, $13,066,474
INSURANCE: Ambiguous “general aggregate” limit in excess liability policy construed to provide additional $4 million for Homeowners for damages from gasoline tanker spill, Homeowners properly awarded attorney fees for insurer’s breach of duty to indemnify to proper limits… insurer did not breach duty to defend by withdrawing from defense and subsequently reinitiating defense (applying Independent Milk to breach of assumed duty to defend), not liable for $13,066,474 stipulated judgment entered 8 months later… McLean affirmed, reversed. [Read more…]
Sex discrimination, $119,927, bartender
SEX DISCRIMINATION: $119,926.94 including $100,000 emotional distress for 5 months of harassment of bartender that started with inappropriate language by co-owner, grew to ugly descriptions of proposed sexual contact, spun out of control into terrifying “sneak attack” sexual contacts… constructive discharge established, but retaliation not proven… Terry Spear. [Read more…]