INSURANCE: Employee injured while driving personal vehicle not covered for UM under “temporary substitute” provision of employer’s policy… Cavan/Watters affirmed (memorandum). [Read more…]
ERISA, terminated employee, life insurance conversion
ERISA: Fact issues preclude summary judgment as to whether employer adequately advised terminally ill employee that life insurance benefits were ending thereby denying him his conversion privilege upon termination of employment… fiduciary claim against insurer properly dismissed… Christensen reversed, affirmed (memorandum). [Read more…]
Libby asbestos claims against BN, supervisory control
LIBBY ASBESTOS claims against BN not preempted by FRSA or HMTA… BN subject to strict liability because handling of asbestos constitutes abnormally dangerous activity, but protected from liability under Restatement of Torts §521 for actions taken pursuant to statutory public duty, for those actions is subject only to ordinary negligence… BN may not refute causation by offering Grace’s conduct as a substantial factor or superseding intervening cause of injuries… Eddy affirmed, reversed on supervisory control. [Read more…]
ERISA, terminated employee policy conversion
ERISA: Terminated employee was notified of rights to convert group policy to individual policy and failed to timely do so… summary judgment in favor of employer and insurer on claim of failure to provide a Plan benefit… Christensen. [Read more…]
Attorney-client privilege, timing of privilege logs
ATTORNEY-CLIENT PRIVILEGE: Supervisory control over Moses as to orders involving timing of privilege logs in hip replacement devices case denied. . . order. [Read more…]
Bench judgment, 35% contributory, fiber optic strike
BENCH JUDGMENT: 35% contributory negligence properly applied in awarding $154,356.15 fiber optic cable strike judgment with no prejudgment interest. . . Morris affirmed (memorandum). [Read more…]
False arrest, buffalo hazing activist
FALSE ARREST claims by buffalo hazing activist improperly rejected on JML… Judge invaded province of jury at summary judgment stage, improperly excluded police expert, “sandbagged” Plaintiff by decision on grounds not noticed, resolved numerous factual disputes reserved for jury… remanded for assignment to different judge… Haddon reversed. [Read more…]
Contract, conflicting health plan provisions
CONTRACT: Conflicting provisions in companion health insurance contracts as to coverage waiver and 75% participation construed against drafter to give waiver provision precedence… Pinski affirmed. [Read more…]
Territorial integrity, 3-phase, new seed plant
TERRITORIAL INTEGRITY: Co-op had right to provide 3-phase to new seed plant because it had closest line and capacity… MDU did not add plant to its territory by providing 1-phase construction power… Cybulski affirmed. [Read more…]
Malicious prosecution, abuse of process
MALICIOUS PROSECUTION claims improperly dismissed, abuse of process claims properly dismissed as untimely… Haddon reversed, affirmed (unpublished). [Read more…]