INTERPLEADER intended to equitably distribute all insurance proceeds notwithstanding 2 judgments against insured and execution writs against $1 million CGL proceeds stemming from wildfire affecting 35 neighbors… deposit of proceeds not required at time interpleader was commenced, proceeds deposited after Federal Court found coverage were part of res… Menahan affirmed. [Read more…]
Insurance/interpleader, wildfire “race to judgment”
INSURANCE/INTERPLEADER: “Race to judgment” by 2 wildfire claimants to obtain limited policy proceeds available for payment to 30+ claimants headed off by interpleader… $1 million CGL policy not subject to attachment/execution because interpleader commenced before Plaintiffs attempted to serve writs, priority of claims must be determined by interpleader court… Reynolds. [Read more…]
Road easement, adverse use, costs
ROAD EASEMENT/COSTS: Prescriptive easement over road established by adverse use… video conference, deposition costs properly taxed, all mediation costs improperly taxed… Jones affirmed, reversed (IOR I-3(d)). [Read more…]
Insurance, wildfire, “conduct of business”
INSURANCE: “Conduct of business” in “Business Squire” policy triggers coverage of wildfire that resulted from felling dead tree in yard of home-based business to protect business equipment and [Read more…]
Comp exclusivity, lost ear/scalp, fingerjointer
COMP EXCLUSIVITY: No exception for employee who lost ear & scalp from hair being pulled into crack of gear guard on fingerjointer… pre-Alexander challenge to 39-71-413 denied (1 day after Alexander)… no grounds for piercing corporate [Read more…]