| Insurance Law |
| |
|
Todd Montgomery v. Nostalgia Lane, Inc.
|
|
Plaintiff, Todd Montgomery, contacted defendant, Nostalgia Lane, Inc., to restore his 1970 Plymouth Roadrunner. Defendant inspected the vehicle and provided plaintiff a written estimate that the project was expected to cost $35,000 but that the final bill would reflect the actual cost of parts and labor. Plaintiff agreed to the project and paid installments amounting to $33,500, but defendant devi... More... $0 (07-18-2008 - IL)
|
|
Josetta Nair and Segran Nair v. Allen Bloom, M.D., Melvin Boule, M.D. and Rush-Copley Memorial Hospital and The Rush System for Health
|
|
The outcome of this case turns on when plaintiffs knew or should have known their injury was wrongfully caused. Plaintiffs Josetta Nair and Segran Nair filed a complaint for medical malpractice and loss of consortium against defendants Allen Bloom, M.D., Melvin Boule, M.D., and Rush-Copley Memorial Hospital (Rush-Copley) and The Rush System for Health (Rush).
The trial court entered summary... More... $0 (06-23-2008 - IL)
|
|
Certain Underwriters at Lloyd's, London, Certain London Market Insurance Companies
|
|
Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant... More... $0 (07-18-2008 - IL)
|
|
Randy Geisler, Michael Van Winkle and Stacey M. Curtis v. The City of Wood River, Illinois, and Wood River Partners, LLC
|
|
The plaintiffs, Randy Geisler, Michael Van Winkle, and Stacey M. Curtis, appeal the order of the circuit court of Madison County that entered a judgment in favor of the defendants, the City of Wood River, Illinois (the City), and Wood River Partners, LLC (the developer), on the plaintiffs' second amended complaint (the complaint). The plaintiffs raise numerous issues on appeal, which we restate as... More... $0 (07-18-2008 - IL)
|
|
Stacey Gregory, Individually and as Specail Administrator of the Estate of Larry Gregory, Deceased, v. Beazer EAst, Bondex International, Exxon Mobile, Georgia-Pacific Corporation, Union Carbide Corporation
|
|
Plaintiff-appellant Stacey Gregory, individually and as special administrator of the estate of her deceased husband Larry Gregory (plaintiff),1 filed a complaint at law in Illinois sounding in negligence against a multitude of defendants,2 including defendants-appellants Beazer East (Beazer), Bondex International (Bondex), Exxon Mobil (Mobil), Georgia-Pacific Corporation (Georgia-Pacific) and Unio... More... $0 (07-18-2008 - IL)
|
|
Carole J. Chatlas v. Allstate Insurance Company
|
|
Plaintiff filed a declaratory judgment action against defendant, seeking a declaration that plaintiff was entitled to underinsured motorist (UIM) insurance coverage in the same amount as her bodily injury liability limits of $250,000. Plaintiff’s claim was based on defendant’s alleged failure to comply with the provisions of section 143a-2 of the Illinois Insurance Code (Code) (215 ILCS 5/143a... More... $0 (07-18-2008 - IL)
|
|
Stephen T. Malec v. The City of Belleville, Illinois, Green Mount Development, LLC and GMCR, LLC
|
|
The plaintiff, Stephen T. Malec, appeals the order of the circuit court that granted the motion for a judgment on the pleadings filed by the defendants, the City of Belleville (the City) and Green Mount Development, LLC, and GMCR, LLC (the Developers), and dismissed the plaintiff's first amended complaint. On appeal, we are called upon to decide whether a citizen and taxpayer of the City has stand... More... $0 (07-18-2008 - IL)
|
|
Katherine R. Napleton, as Trustee Under the Katherine R. Napleton Revocable Self-DEclaration of Trust Dated October 1, 1992, v. The Villate of Hinsdale
|
|
Plaintiff, Katherine Napleton, filed a complaint against defendant, the Village of Hinsdale (Hinsdale), requesting that the circuit court of Du Page County declare certain textual amendments made by Hinsdale to its zoning code facially unconstitutional as violative of substantive due process and to enjoin their enforcement. The circuit court dismissed plaintiff’s complaint pursuant to section 2â... More... $0 (07-17-2008 - IL)
|
|
Sheila M. Wills v. Inman E. Foster, Jr.
|
|
In this personal injury case, the jury’s damages award included the full amount of plaintiff’s billed medical expenses. At issue is whether the trial court erred in reducing the jury’s award of medical expenses to the amount actually paid by Medicaid and Medicare in full settlement of the bills. In addressing this issue, we will answer questions about the operation of the collateral source r... More... $0 (07-17-2008 - IL)
|
|
Bruce A. Tammi v. Porsche Cars North America, Inc.
|
|
Bruce Tammi filed suit against Porsche Cars North America, Inc. (“Porsche”) in Wisconsin state court seeking damages for violations of the Wisconsin Lemon Law (“Lemon Law”), Wisconsin Statute Section 218.0171, involving the 2003 Porsche 911 Turbo he leased from US Bank. Porsche removed the case to federal court on the basis of diversity jurisdiction where the case proceeded to a jury trial... More... $0 (07-17-2008 - WI)
|
|
Cheryl Hall v. Nalco Company and Ondeo Nalco Company
|
|
Cheryl Hall maintains she was fired by Nalco Company for taking time off from work to undergo in vitro fertilization after being diagnosed with infertility. She filed this suit under Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act (“PDA”), alleging her termination constituted discrimination on the basis of sex. Without reaching the merits of her claim,... More... $0 (07-17-2008 - IL)
|
|
Melissa Avery v. Joint Township District Memorial Hospital
|
|
Plaintiff Melissa Avery appeals the district court’s order granting summary judgment to Defendant Joint Township District Memorial Hospital on Avery’s claims of wrongful discharge in violation of public policy, intentional infliction of emotional distress, and fraud. For the reasons set forth below, we AFFIRM the decision of the district court.
BACKGROUND
A. Substantive Facts ... More... $0 (07-16-2008 - OH)
|
|
E-Poch Properties, LLC v. TRW Automotive U.S., LLC
|
|
Defendant-appellant E-Poch Properties (“EPoch”) appeals from a judgment, which (1) partially granted TRW Automotive U.S.’s (“TRW”) motion to dismiss, and (2) granted TRW’s motion for summary judgment. E-Poch claims that (1) TRW failed to disclose material facts – facts that it was contractually obligated to disclose – regarding the condition of the purchased property’s roof; (2) ... More... $0 (07-16-2008 - OH)
|
|
American Automobile Insurance Co. & American Insurance Company v. Transportation Insurance Company
|
|
This case involves a battle between two insurance companies over what portion of a $3.75 million wrongful death settlement each of them should be required to pay. Plaintiffs, American Automobile Insurance Co. and American Insurance Co. (collectively referred to as “American”), argue that the district court erred in holding that Defendant, Transportation Insurance Co. (“Transportation”), wa... More... $0 (07-16-2008 - MI)
|
|
Alpine Glass, Inc. v. Illinois Farmers Insurance Company; Mid-Century Insurance Company
|
|
Illinois Farmers Insurance Company and Mid-Century Insurance Company (collectively “Illinois Farmers”) appeal from the district court’s1 orders: (1) dismissing their counterclaim for breach of contract and three requests for declaratory relief; and (2) consolidating Alpine Glass, Inc.’s (“Alpine Glass”) short-pay claims in a single arbitration under Minnesota’s No-Fault Automobile In... More... $0 (07-15-2008 - MN)
|
|
Gloria Warren v. State Farm Fire & Casualty Company and Countrywide Home Loans, Inc.
|
|
Gloria Warren brought this suit against State Farm Fire & Casualty Company (“State Farm”) to recover the proceeds of an insurance policy after her home burned and State Farm denied the claim. At trial, State Farm asserted that the policy was void on two grounds: (1) Warren, or individuals acting on her behalf, intentionally set the fire2 and (2) Warren made material misrepresentations followin... More... $0 (07-15-2008 - ar)
|
|
Surefoot LC v. Sure Foot Corporation
|
|
In this case, two companies with similar names find themselves in the midst of a trademark dispute. Over the course of several years, Sure Foot Corp. has repeatedly accused Surefoot LC, of infringing on its trademark, occasionally threatened litigation if Surefoot LC failed to change its name, and filed five administrative petitions opposing Surefoot LC’s attempts to obtain trademark registratio... More... $0 (07-14-2008 - UT)
|
|
Morrison Knudsen Corporation v. Ground Improvement Techniques, Inc.
|
|
Morrison Knudsen Corporation (“MK”), a federal contractor, terminated its subcontractor, Ground Improvement Techniques, Inc. (“GIT”) for an alleged default and sued GIT for damages. GIT counterclaimed for wrongful termination. The case initially went to trial in November of 1996. Concluding the termination was wrongful, the jury awarded GIT $5.6 million. The case was appealed to this court... More... $0 (07-14-2008 - CO)
|
|
Rhonda Entwistle and Megan Drury v. Missouri Youth Soccer Association, Inc., et al.
|
|
The Missouri Youth Soccer Association, Inc. ("MYSA") and Michael McCrary ("McCrary") (collectively "Defendants") appeal from the judgment in favor of Rhonda Entwistle ("Entwistle") and Megan Drury ("Drury") (collectively "Plaintiffs") on their separate claims. Most of MYSA's claims involve Plaintiffs' alleged failures to present submissible cases for their recoveries. In particular, MYSA argues th... More... $0 (07-13-2008 - )
|
|
Shelter Mutual Insurance Company, Respondent v. Dustin Sage, et al., Defendants, Everett and Mary Carter, Appellants.
|
|
The facts are not in dispute. On May 4, 2004, Everett Carter was seriously injured when his vehicle was struck head-on by a truck driven by Dustin Sage. Dustin was at fault. At the time of the accident, Dustin was involved in a family business raising cattle with his father, Harold Sage, and his brother, Travis Sage. Behind two separate trucks, they were hauling a cattle feeder and bulk feeder fro... More... $0 (07-13-2008 - MO)
|
|
Andrew Meyers, Claimant/Respondent v. Wildcat Materials, Inc., Employer/Appellant and Zurich American Insurance Co., Insurer/Appellant.
|
|
The facts found by the Administrative Law Judge ("ALJ") and incorporated by the Commission in its award are unchallenged and undisputed. Claimant went to work for Employer in April 2001. His job duties included loading, delivering, and unloading sheet rock and other building materials. It was labor-intensive work, which frequently involved lifting loads of one hundred pounds or more with a helper ... More... $0 (07-13-2008 - MO)
|
|
State Farm Fire and Casualty Co., et al. v. Joshua Wright
|
|
If an insured throws someone into a swimming pool intending to get the
other person wet, but by mistake does not throw hard enough and so the latter
lands on the pool's cement step and suffers injuries, is the incident an "accident"
within the meaning of insurance law? We conclude it is.
In an action for damages for personal injuries and declaratory relief brought
by re... More... $0 (06-26-2008 - CA)
|
|
IHC Health Services, Inc. v. D & K Management, Inc.
|
|
1 In this case, a landlord, IHC Health Services, Inc.
("IHC"), seeks to eject its tenant, D & K Management ("D & K"),
for breach of its lease (the "Lease") because of a late rental
payment. The district court granted summary judgment in favor of
IHC and awarded attorney fees to IHC pursuant to a provision in
the Lease. D & K appeals, asserting that the district court
erred when it (1) held t... More... $0 (06-20-2008 - UT)
|
|
William E. Kancilia v. Michele R. Pearson and Denise L. Fahy
|
|
In this appeal, William Kancilia challenges the court of appeals' conclusion that his disability insurance payments can be garnished to satisfy judgments held by two of Kancilia's creditors, Michele Pearson and Denise Fahy. In the midst of Pearson and Fahy's trial against Kancilia involving various tort claims, Kancilia filed for bankruptcy. He claimed his disability insurance payments as exempt p... More... $0 (06-23-2008 - CO)
|
|
Comet Energy Services, LLC v. Powder River Oil & Gas Ventures, LLC
|
|
[1] Comet Energy Services, LLC (Comet) appeals from the denial of its cross motion for summary judgment and from the award of summary judgment in favor of Powder River Oil & Gas Ventures LLC (Powder River). The dispute was over the proper interpretation of an assignment of certain interests. The district court found that the assignment was unambiguous and awarded summary judgment. We reverse and r... More... $0 (06-19-2008 - WY)
|