INSURANCE: Motions to dismiss claims involving complex tripartite premium-financed life insurance mostly rejected… Christensen. [Read more…]
Insurance, vehicle drove into parked camp trailer
INSURANCE: Actions of driver who drove into parked camp trailer and fired rifle shots at it excluded under criminal act exclusions of home and auto policies and intentional act exclusion of auto policy… Christensen. [Read more…]
Insurance, Apex product, “employee ski day” injury
INSURANCE: Plaintiff injured during “employee ski day” who alleges that Apex product was “effectively useless” allowed to amend to add punitives and a restructured employer… Berger. [Read more…]
Insurance, “dwelling” in homeowners policy
INSURANCE: “Dwelling” in homeowners policy improperly construed as only referring to a single structure… burned “community center” on acreage with house covered by $212,900 “dwelling” limit rather than $21,290 “other structures” limit… Christensen reversed (memorandum). [Read more…]
Attorney fees, $532,662 fees & costs, flooring litigation
ATTORNEY FEES: $532,662.35 fees & costs awarded 3rd-party Defendant flooring subcontractor and against Defendants/Counterclaimants contractor, realtors, and their joint counsel in convoluted litigation over hardwood flooring finish… subpoena for discovery as to whether fees or costs were paid by insurer denied as irrelevant to reasonableness… motion for relief from sanctions denied… Larson. [Read more…]
Insurance, bad faith claims against excess insurers
INSURANCE: Bad faith claims against excess insurers in $1.49 million school sex abuse settlement and related tort claims alleging misconduct by school’s defense counsel dismissed on summary judgment… Rienne McElyea. [Read more…]
Insurance, failure to notify insurer of dog injury suit
INSURANCE: Failure to notify auto insurer of dog injury suit precludes liability for $475,000 consent judgment, notice-prejudice rule not applicable merely because insurer would have changed coverage decision had it been notified of suit… Morris affirmed (memorandum). [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, oil well pollution, primary/umbrella
INSURANCE: Oil well pollution not covered by $1 million umbrella because primary only provides $100,000 pollution coverage… Morris affirmed (memorandum). [Read more…]
Personal jurisdiction, product liability
PERSONAL JURISDICTION not exercised over Pennsylvania/Tennessee LLC that manufactured heater that allegedly caused fire in National Guard shelter assembled by Montana corporation using HVACs created by Florida corporation… Christensen. [Read more…]