INSURANCE: Insurer correctly denied benefit of the §2-9-108 $750,000 cap in relation to $12,410,016.11 bench judgment for injuries from snowplow running stop sign because it waived the cap by providing a policy to the County with limits in excess of the cap… Rienne McElyea affirmed. [Read more…]
Bench judgment, $12,410,016, snowplow/auto, TBI
BENCH JUDGMENT: $12,410,016.11 for 32-year-old suffering TBI from County snowplow running stop sign and slicing into her vehicle… Rienne McElyea. [Read more…]
Insurance, snowplow/auto, $750,000 liability cap
INSURANCE: Supervisory control of McElyea’s ruling that County’s insurer in snowplow/auto MVA cannot rely on §2-9-108(1) $750,000 liability cap because policy contains limits in excess of cap denied… order. [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…]
Product liability, fall from loader bucket
PRODUCT LIABILITY: Plaintiff who fell from loader bucket is the only “user” under product liability law, whether supervisor or co-worker read or understood warnings against riding in bucket irrelevant… [Read more…]