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Insurance Law
 
Michael Francis Palma v. Houston Independent School District

Appellant Michael Francis Palma appeals from a judgment (1) awarding $2,559.10 in 2006 property taxes jointly to the Houston Independent School

2

District1 (“HISD”), Harris County, the City of Houston, and Houston Community College System and (2) a take-nothing judgment on his amended counterclaim2 against HISD and Linebarger Goggan Blair & Sampson, LLP (“Linebarger”).3 The o... More...
   $0 (05-18-2013 - TX)

Diane Jenkins v. JP Morgan Chase Bank, N.A.

Diane Jenkins (Jenkins) requests the reversal of the trial court‘s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank N.A. (Chase) and Bank of America, N.A. (B of A) and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a ... More...   $0 (05-17-2013 - CA)

City of Waterloo v. Tim Everett

This case involves the City of Waterloo’s efforts to be reimbursed under Iowa Code section 411.22 (2011) for its payment of medical expenses and temporary disability benefits on behalf of an injured police officer. The district court rejected the city’s indemnification claim to proceeds of the officer’s settlement of his tort claim against third parties. Because section 411.22 only contempla... More...   $0 (05-16-2013 - IA)

Gaila M. Ehlers v. Gerald K. Schimmelpfennig

Gerald K. Schimmelpfennig appeals from the district court ruling on his indemnification request. Schimmelpfennig argues that the district court failed to award attorney fees, and interest. Schimmelpfennig also requests appellate attorney fees. Because we find that all amounts owed have been paid, we affirm.

I. Background Proceedings and Facts

This dispute makes its second appearance ... More...
   $0 (05-15-2013 - IA)

Esad Osmic v. Nationwide Agribusiness Insurance Company

Esad Osmic was injured in a motor vehicle collision while riding as a passenger in his brother’s SUV. Two years and thirty-one days later, Esad sued Nationwide Agribusiness Insurance Company (Nationwide) seeking recovery for damages under the underinsured motorist (UIM) provisions of his brother’s personal auto policy. Nationwide filed a motion for summary judgment asserting Esad’s petition ... More...   $0 (05-15-2013 - IA)

D & W Development, Inc. v. The City of Milford, Dickinson County, Iowa

D & W Development (D & W) appeals from the grant of summary judgment in favor of the City of Milford (City) and Bryan Read. D & W argues the district court improperly granted summary judgment as to its claims of negligence, unjust enrichment, negligent misrepresentation, and legal fraud. The City and Read respond that the district court correctly granted summary judgment on D & W’s claims, and r... More...   $0 (05-15-2013 - IA)

Lifelien Ministries Church v. Church Mutual Insurance Company

A church sought coverage from its insurer for damage sustained during a flood. Following a two-part jury/court trial, the insurer prevailed. On appeal, the church raises several arguments in support of reversal, including a contention that the jury’s answers to special verdict questions were inconsistent. We find that issue dispositive, but also address the district court’s construction of the... More...   $0 (05-15-2013 - IA)

Gaila M. Ehlers v. Gerald K. Schimmelpfennig

Gerald K. Schimmelpfennig appeals from the district court ruling on his indemnification request. Schimmelpfennig argues that the district court failed to award attorney fees, and interest. Schimmelpfennig also requests appellate attorney fees. Because we find that all amounts owed have been paid, we affirm.

I. Background Proceedings and Facts

This dispute makes its second appearance ... More...
   $0 (05-15-2013 - IA)

AARP and Arch Insurance Company v. Donald Whitacre

Donald Whitacre appeals the district court’s reversal of a workers’ compensation decision in his favor. He argues the district court erred in concluding his injury did not arise out of his employment.

I. Background Facts and Proceedings

Seventy-nine-year-old Whitacre worked part-time as a janitor for the American Association of Retired Persons (AARP). One day, while on a coffee b... More...
   $0 (05-15-2013 - IA)

United States of America v. Robby Ray Harris

The United States of American charged Bobby Ray Harris, age 26, of willfully making a threat in violation of 18 U.S.C. 844 and attempting to extort bank money in violation of 18 U.S.C. 2113 as a result of threatening to bomb the high school in Miami, Oklahoma on September 11, 2012. It claimed that Harris called the school and said that a bomb had been placed in the school. As a result of the cal... More...   $0 (05-15-2013 - OK)

Adam Hofmann v. Marina Abigail Sender

Petitioner-Appellee initiated proceedings pursuant to Article 3 of the Hague Convention on Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11, 679, 1343 U.N.T.S. 89, reprinted in 51 Fed. Reg. 10, 494 (Mar. 26, 1986) (“Hague Convention” or “Convention”), implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. (2000), whic... More...   $0 (05-14-2013 - NY)

Lynn Kelley v. Andria Hill

1. This cause of action arises out of a motor vehicle accident which occurred in Tulsa County, State of Oklahoma.

2. That on or about October 26, 2011, the defendant Andria Hill negligently collided into the vehicle driven by Plaintiff, Lynn Kelley.

3. That as a direct and proximate result of the defendant’s negligence the plaintiff sustained bodily injuries, has incurred medical e... More...
   $0 (05-14-2013 - OK)

Thomas Lee Goldstein v. City of Long Beach

We consider in this case whether a district attorney acts as a local or a state official when establishing policy and training related to the use of jailhouse informants. We find that, as to the policies at issue here, the district attorney was acting as a final policymaker for the County of Los Angeles.

We thus reverse the district court’s grant of the motion for judgment on the pleading... More...
   $0 (05-13-2013 - CA)

Brecek & Young Advisors, Inc. v. Lloyd's of London Syndicate 2003

Defendant-Appellant Lloyds of London Syndicate 2003 (“Lloyds”) appeals the district court’s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. (“BYA”) in an action arising out of a professional liability insurance contract. The district court concluded Lloyds failed to pay sufficient indemnity to BYA... More...   $0 (05-13-2013 - CO)

PHL Variable Insurance Company v. The P. Bowie 2008 Irrevocable Trust, by and through its trustee, Louis E. Baldi

This is an appeal from a grant of summary judgment in favor of plaintiff PHL Variable Insurance Company ("PHL") in its equitable action for rescission of a life insurance policy and special damages incident to the rescission of that policy. See PHL Variable Ins. Co. v. P. Bowie 2008 Irrevocable Trust, 889 F. Supp. 2d 275 (D.R.I. 2012). The district court found that the defendant, The P. Bowie 200... More...   $0 (05-13-2013 - RI)

Jeff Lawson v. Stephen L. LaFrance Pharmacy, Inc. d/b/a Med-X Drug Store 6116

Jeff Lawson and Christie Lawson sued Stephen L. LaFrance Pharmacy, Inc. d/b/a Med X Drug Store 6116, Stephen L. LaFrance Holdings, Inc. and Med X Corporation on medical negligence (medical malpractice pharmacy malpractice) theories claiming to have been injured and/or damaged as a direct result on a failure to exercise due care on the part of Defendants' agents or employees. The specifics of the ... More...   $25000 (05-12-2013 - OK)

Mike Espino, Jr. v. Adam D. Smart

Mike Espino, Jr. sued Adam D. Smart on an auto negligence theory claiming to have been injured and/or damaged in a car wreck in Tulsa County, Oklahoma caused by Smart. The claims made by Plaintiff are not available.

Defendant Adam Smart appeared and answered as follows:

1. Defendant is without sufficient information to admit or deny the allegations of paragraphs 1,3, and 4 of Plaint... More...
   $0 (05-12-2013 - OK)

Wesley Douglas Stull v. Adam D. Smart

Wesley Douglas Stull sued Adam D. Smart on an auto negligence theory claiming to have been injured and harmed as a result of a car wreck in Tulsa County, Oklahoma caused by Smart. Plaintiff also sued Valley Insurance Company and Hartford Casualty Insurance Company on uninsured or under insured motorist theories. The specifics of the claims made by the Plaintiff are not available.

Defenda... More...
   $1 (05-12-2013 - OK)

Ruth Ellen Tortorici v. Michael James Preibe

1. Plaintiff, Ruth Ellen Tortorici, resides in Tulsa, Oklahoma; Plathtiff, State Farm Mutual Automobile Insurance Company, is an insurance company licensed to business in the State of Oklahoma; defendant Michael James Preibe resides in Tulsa, Oklahoma; this cause of action arose in Tulsa County, Oklahoma; and, therefore, this court has subject matter jurisdiction and jurisdiction over the parties.... More...   $9620 (05-10-2013 - OK)

Gildardo Rueda v. Joseph Andrew McDowell

1. That the Plaintiffs are residents of Tulsa County, State of Oklahoma; that Defendant, JOSEPH ANDREW MCDOWELL, is a resident of Tulsa County, State of Oklahoma; and, that Defendant, AMERICAN MERCURY INSURANCE COMPANY, is an insurance company organized and existing under the laws of the State of Oklahoma and doing business in the state of Oklahoma. That the complaint alleged herein occurred in Tu... More...   $7950 (05-10-2013 - OK)

Joe Sotelo, Jr. v. Dawson Davis

1. On or about August 9, 2010, Plaintiff was involved in a collision with an automobile driven by Defendant Davis. The collision occurred near on Interstate 44 near the Memorial Road Exit, City of Tulsa, Tulsa County, Oklahoma.

2. The collision described above was a direct result of the negligence of Defendant Davis in that he failed to exercise reasonable care in operating the vehicle he... More...
   $0 (05-10-2013 - OK)

Gerald W. Konkler v. Douglas L. Boyd

1. This action is brought pursuant to the provisions of 12 0.5. Sec. 1053;

2. On May 17, 2012, at approximately 5:15 p.m., Donna Gayle Konkler was lawfully proceeding in her vehicle, a 2003 Pontiac, onto North Elm Place from a driveway at West Fargo Street in the City of Broken Arrow, Tulsa County, Oklahoma. At the same time, Cameron Michael Paul Schisler was proceeding northbound on North ... More...
   $1 (05-10-2013 - OK)

Joann Phillips v. Metropolitan Life Insurance Company

JoAnn Phillips appeals from a summary judgment rendered in favor of Metropolitan Life Insurance Company and The Verizon Employee Benefits Committee (VEBC) on her claim that MetLife, acting on behalf of VEBC, improperly withheld long-term disability benefits to which she was entitled. We affirm.

I. BACKGROUND

During her employment as a benefit specialist with a subsidiary of Verizon C... More...
   $0 (05-10-2013 - TX)

Joe Ware v. United Fire Lloyds

Joe Ware appeals from the trial court’s award of attorney fees and court costs in a property insurance dispute. He argues the trial court erred in awarding him only $3,133.20 in attorney fees. He claims he proved attorney fees of $133,497.00, and asks this Court to render a judgment awarding him that amount. He does not ask that the case be remanded. Ware also contends the award for court costs ... More...   $0 (05-09-2013 - TX)

Kelley & Witherspoon, LLP v. Jeannette Hooper

Appellee Jeannette Hooper and her husband Charles, now deceased, sued appellants for legal malpractice. The case was tried to a jury, and the trial judge rendered judgment in Jeannette Hooper’s favor on the jury verdict. On appeal, appellants raise four points of error challenging the sufficiency of the evidence and the correctness of the jury charge. Concluding that the jury charge was erroneou... More...   $0 (05-09-2013 - TX)

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