Indemnity Law
 
A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co... More...   $0 (10-09-2015 - OR)

Bikkina v. Mahadevan

We begin with the facts alleged in the complaint. In 2007, Bikkina entered a Ph.D. program at the McDougall School of Petroleum Engineering at the University of Tulsa (University). Mahadevan was his dissertation advisor and supervisor from 2007 to 2010. Bikkina complained that Mahadevan was repeatedly reassigning him to different projects and requested a new advisor, which he was given in May 2... More...   $0 (10-09-2015 - CA)

DJB HOLDING CORPORATION; Tax Matters Partner; WB Partners, FKA WB Acquisition Partners, Petitioners–Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent–Appellee. WB Acquisition & Subsidiary, Petitioner–Appellant, v. Commissioner of Internal Revenue, Respondent–Appellee. WB Acquisition, Inc., Petitioner–Appellant, v. Commissioner of Internal Revenue, Respondent–Appellee.

Daren Barone and Gregory Watkins drew upon their experience in asbestos removal to establish a successful environmental remediation company, Watkins Contracting, Inc (“WCI”). With success came risk—in particular, the danger that Barone and Watkins would be held personally liable for the cost of completing any projects that WCI was unable to finish. To shield themselves from this risk, the two men ... More...   $0 (10-08-2015 - CA)

Mississippi Valley Title Insurance Company, et al v. J. Garrison Thompson

On June 19, 2014, this Court—confronted by a question of first impression
under Alabama law, and cognizant of the deference due state courts in our
federalist system of dual sovereignty—certified the following question to the
Alabama Supreme Court:
Is an attorney whom an insurance company hires as an attorney
agent providing a “legal service” within the meaning of Ala. Code
... More...
   $0 (09-29-2015 - )

Flowell v. Rhodes

On May 20, 2002, Mr. Wade and Darrin Rhodes went to service the Sundown Well, which is located in Meadow, Utah.2 In
1 Mr. Wade and his wife first filed the tort suit against FEA. They added Dixie as a defendant after learning that the utility employees involved in the accident were leased by Dixie to FEA. 2 In evaluating cross-motions for summary judgment, we recite the facts in the light mo... More...
   $0 (09-26-2015 - UT)

Myers v. State Board of Equalization et al.

Plaintiff Michael Myers filed this action against the State Board of Equalization (BOE), the State Insurance Commissioner, and the State Controller (collectively, the State Defendants), to compel the State Defendants to assess and collect the gross premium tax from Real Parties. Plaintiff alleges Real Parties are among the largest health “insurers” in this state by virtue of the significant premi... More...   $0 (09-26-2015 - )

The Note Investment Group, Inc. v. Associates First Capital Corp., Successor by merger to Associates Financial Services Company, Inc.

This is an appeal from a dispute between appellant, The Note Investment Group, Inc. (“TNIG”), and appellee, Associates First Capital Corp., successor by merger to Associates Financial Services Company, Inc. (“Associates”), regarding the sale by TNIG of partial interests in certain seller-financed notes and contracts for deed to Associates. In three points of error, TNIG contends that the trial cou... More...   $0 (09-24-2015 - TX)

B.S.C. Holding v. Lexington Insurance

BSC Holding is the sole shareholder of Lyons Salt Company, the operator
of the Lyons Salt Mine. Beginning in 2002, BSC purchased from Lexington
Insurance a series of annual all-risk insurance policies covering the property.
In late 2004, BSC first learned of problems with the mine. At that time, it
discovered the space between the floor and ceiling in a section of the mine was<... More...
   $0 (09-20-2015 - KS)

Rodriguez v. Brand West Dairy

Workers each suffered work-related injuries working as farm and ranch
14 laborers. Worker Aguirre was injured picking chile for M.A. & Sons Chili Products.
15 Worker Rodriguez was injured working for Brand West Dairy as a dairy worker and
16 a herdsman. Workers each sought workers’ compensation benefits. Both claims were
17 dismissed pursuant to the exclusion. Workers filed separa... More...
   $0 (09-17-2015 - NM)

Co. of Los Angeles v. Financial Casualty & Surety

On November 29, 2012, the criminal defendant, Sandra Chavezgarcia, appeared in superior court for arraignment. She pled not guilty to four felony counts. The court asked defense counsel for a possible date for pretrial conference. In response to her suggestion, the court set the matter for January 3, 2013. At the end of the brief hearing, the court stated, “So that will be the order, then. We... More...   $0 (09-16-2015 - CA)

Roger D. Burks v. XL Specialty Insurance Company

Appellant Roger D. Burks was the chief financial officer of Superior
Offshore International, Inc., which had obtained a directors and officers (D&O)
insurance policy from appellee XL Specialty Insurance Company. Superior
Offshore ultimately reorganized through a Chapter 11 bankruptcy, and the plan
agent sought to recover property that the company transferred to Burks and to
avo... More...
   $0 (09-15-2015 - TX)

Boyle v. Zurich American Insurance Co.

Joseph P. Boyle was injured by an exploding tire
in an automobile repair shop operated by C&N Corporation (C&N).
Joseph2 and his wife, Janice M. Boyle, filed a complaint against
C&N, asserting claims for bodily injury and loss of consortium.
C&N held an insurance policy issued by Zurich American Insurance
Company (Zurich). The policy required that C&N provide notice More...
   $0 (09-14-2015 - MA)

Rent-A-Roofer v. Farm Bureau Prop. & Cas. Ins. Co.

At all relevant times, Rent-A-Roofer held a commercial general liability insurance policy with Farm Bureau. In September 2007, the State of Nebraska filed a lawsuit in the district court for Lancaster County for damages arising from Rent-A-Roofer’s alleged failure to install a roof in a good and workmanlike manner. The date of the State’s loss was during the policy year of 2004 to 2005. Rent-A-Roo... More...   $0 (09-12-2015 - NE)

Barker v. Fox & Associates

An understanding of the factual background predating Barker’s complaint is necessary to put the matter in context, and we begin with that background.
Allison McBride (Allison), an elderly woman, suffered from dementia for many years. Allison had two daughters, Lucy McBride Olsen (Olsen) and Cameron Volker (Volker).
For several years, a dedicated team of paid caregivers—described by Olse... More...
   $0 (09-11-2015 - CA)

Merchants Insurance Group v. Spicer

On December 30, 2011, Joel Estaban Perez was
seriously injured while working for Kevin Spicer, doing business
3 Established by St. 1985, c. 572, § 55, the Fund "provide[s], among other things, a source of payment for an employee who suffers a work-related injury while working for an employer who does not have workers' compensation insurance in violation" of G. L. c... More...
   $0 (09-09-2015 - MA)

Michael Cash v. Unocal Corporation

In 2003, Union Oil Company of California (“Unocal”) retained Shaw Global Energy Services, Inc. (“Shaw”) to provide painting and sandblasting on a fixed platform located on the outer continental shelf off the coast of Louisiana. The Shaw employees were housed in an adjacent platform to the fixed platform where they provided labor for Unocal. They were transported from the housing platform to Unoc... More...   $400000 (09-06-2015 - LA)

Peabody Essex Museum, Inc. v. United States Fire Insurance Company

Some decades ago, a substantial
oil spill occurred on the Salem, Massachusetts property of
plaintiff Peabody Essex Museum ("the Museum"). That pollution
eventually migrated to the land of a down gradient neighbor,
Heritage Plaza, which discovered the subsurface contamination in
2003. Heritage Plaza notified the Museum in late 2003, and the
Museum gave prompt notice to both ... More...
   $0 (09-04-2015 - MA)

Coghlin Electrical Contractors, Inc. v. Gilbane Building Co

This case requires us to resolve three issues
regarding a public construction contract that implements the
construction management at risk delivery method, pursuant to
G. L. c. 149A: (1) Does the owner who furnishes the plans and
specifications in a public construction management at risk
project give an implied warranty of their sufficiency for the
purpose intended,... More...
   $0 (09-02-2015 - MA)

Garnett v Strike Holdings LLC



Defendants Strike Holdings LLC and Strike Long Island, LLC (collectively, Strike) operated an indoor recreation facility that contained a go-kart racing track. On December 27, 2003, plaintiff rode as a passenger in a two-seat go-kart driven by her then boyfriend, third-party defendant, Lawrence Nadler. While driving on the track, they were allegedly bumped twice by other go-karts, allege... More...
   $0 (09-01-2015 - NY)

Tribeca Co. v. First American Title Ins

Tribeca is a California limited liability company formed in October 2005 by William Faidi, its sole shareholder. It is a San Francisco-based private equity investment firm that makes investments in “distressed” real estate by purchasing and foreclosing on defaulted mortgage loans. Sky Pacific Holdings I, LLC (Sky Pacific) is another California limited liability company also formed by Faidi, who ... More...   $0 (08-27-2015 - CA)

City of Cerritos v. State of California

Plaintiffs are a group of cities in their municipal capacities and the successor agencies to several redevelopment agencies that have since been dissolved, multiple community development commissions, a private nonprofit housing corporation, and an individual taxpayer. Specifically, plaintiffs are the City of Cerritos, City of Carson, City of Cypress, City of Lakewood, City of Paramount, City of P... More...   $0 (08-25-2015 - CA)

King v. Booker

Ballard began working for Dondlinger in 2003. In December 2007, Ballard injured his neck while working and later settled a disability claim with Dondlinger, which included a lump sum payment for a 25% permanent partial general disability. In October 2010, Ballard was injured in an automobile accident while working for Dondlinger. As a result, Ballard aggravated his preexisting cervical condition a... More...   $0 (08-24-2015 - KS)

Intl Energy Ventures Mgmt, LLC v. United Energy Gr

IEVM filed the instant action against UEG and Mueller in Texas state court. UEG removed the action to federal court, and the original state court petition was never amended. The facts, recited almost verbatim from the complaint, are as follows. In July 2010, British Petroleum (“BP”) announced that it wished to sell its Pakistani subsidiaries that owned oil and gas fields in Pakistan (“BP Pakist... More...   $0 (08-23-2015 - TX)

Michael Belanger v. Geico General Insurance Co.

The relevant facts are undisputed. On December 27, 2007, Belanger was in an automobile accident with Natalie N. Stephen, GEICO’s insured. Belanger sued Stephen and GEICO in state court. He alleges that, before trial, he offered to settle his claim against both parties for the policy limits of $25,000, but GEICO rejected his offers. Following a trial, the court entered a judgment against Stephen in... More...   $0 (08-23-2015 - LA)

Judicial Council v. Jacobs Facilities

JCC is the administrative agency of California’s judicial branch. In 2005, JCC issued a request for proposals (RFP) for the provision of maintenance and repair services to courthouses and other judicial branch buildings throughout Southern California. The successful respondent was Facilities, a wholly owned subsidiary of Jacobs, which is a publicly traded corporation.
JCC and Facilities e... More...
   $0 (08-21-2015 - CA)

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AK Morlan
Kent Morlan, Esq.
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