CLASS SETTLEMENT: $9 million, failure of 3 Rivers to retire capital credits to Browning Exchange members upon sale in 12/20… 1,863 class members, 25% attorney fees. [Read more…]
Restrictive covenants, barriers to building
RESTRICTIVE COVENANTS: Myriad claims stemming from challenge to barriers to building in subdivision properly dismissed… DeSoto/Morris affirmed (memorandum). [Read more…]
Insurance, passenger’s UIM, vehicle’s UIM, offset
INSURANCE: Passenger’s insurer not entitled to offset dollar-for-dollar its UIM obligation by vehicle insurer’s excess UIM payment instead of 2/3 pro rata provided in policy, but is entitled to offset its UIM by its med-pay pursuant to non-duplication provision. . . Plaintiff entitled to fees on issues she prevailed on, not required to prevail on all claims. . . Deschamps reversed, affirmed. [Read more…]
Insurance, AD&D policy, meds overdose death
INSURANCE: AD&D policy coverage of death from meds overdose improperly denied on summary judgment based on miscellaneous casualty insurance rather than “disability insurance”. . . Watters reversed (unpublished). [Read more…]
Insurance, cosmetics students’ emotional distress
INSURANCE: Summary dismissal reversed in light of Fisher Builders as to coverage under CGL policy for cosmetics students’ emotional distress from boorish behavior by instructors and expulsion after filing complaints… $4 million consent judgment… wrongful eviction claim properly rejected… Christensen affirmed, reversed (unpublished). [Read more…]
Attorney fees, failure to admit RFAs, UIM verdict
ATTORNEY FEES properly denied as sanction for failing to admit RFAs which were later proven at trial or as prevailing party where jury’s MVA award did not exceed UIM limit… Eddy affirmed (IOR I-3(c)). [Read more…]
Insurance, cosmetics students’ bodily injuries
INSURANCE: No coverage under CGL policy for cosmetics students’ bodily injuries (physical manifestations of emotional distress) from boorish behavior by instructors and expulsion after filing complaints because they stem from purposeful acts… insurer previously held not bound by $4 million consent judgment entered after it accepted defense under reservation… Christensen. [Read more…]
$85,000 settlement, disability discrimination
SETTLEMENT: $85,000, disability discrimination (lumbar compression fracture), 81-year-old terminated parking booth cashier… $2,955 discovery sanctions. [Read more…]
Wrongful death, fraudulent conveyance
WRONGFUL DEATH: Supervisory control challenging Cybulski’s refusal to add fraudulent conveyance to death claim denied… [Read more…]
Disability, SSD inconsistency, qualified individual
DISABILITY DISCRIMINATION claim for not rehiring apiary laborer following leg amputations rejected as inconsistent with SSD representations of inability to do former tasks (claimant estopped from arguing that he is qualified individual with disability)… punitives not available in Title 42 Ch. 2 [Read more…]