For many decades the original Fluor Corporation performed engineering, procurement, and construction (EPC) operations through various corporate entities and subsidiaries. Beginning in 1971, Hartford became one of numerous insurers of the original Fluor, issuing to it 11 “comprehensive general liability” (CGL) policies from mid-1971 to mid-1986.
Each policy covered, among other things, “pe... More...   $0 (08-20-2015 - CA)

This is one of many appeals arising from litigation over the renovation of a hotel property in Palm Springs. In this appeal, the project's developers challenge the trial court's grant of summary adjudication in favor of the title insurer, which sought contractual indemnity from the developers for legal expenses incurred in defending the project's construction lender against mechanic's lien ... More...   $0 (08-14-2015 - CA)

Kevin and Lisa Nutt successfully sued their former employers under the
Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., for
two claims: delinquent contributions and breach of the fiduciary duty of care. The
district court found that the Nutts’ former employers could not provide adequate relief
and thus relied on a theory of successor liability to hold Os... More...   $0 (08-13-2015 - AR)

Plaintiff Darbun Enterprises, Inc., doing business as (dba) All Saints Healthcare (Darbun), sued defendant San Fernando Community Hospital, dba Mission Community Hospital (Mission), for breach of a lease agreement, seeking damages and specific performance.
The trial in this case proceeded in two phases. The first, the equity phase, was held to determine whether the equitable remedy of speci... More...   $0 (08-12-2015 - CA)

Max Welders is a contractor that provides various offshore construction, fabrication, and repair services. Max Welders employed Wilcox as a welder. During his employment with Max Welders, Wilcox worked in numerous locations, including a fabrication yard in Louisiana and on various rigs, barges, and vessels owned by Max Welders’ customers. Wilcox concedes that during
Case: 13-31281 ... More...   $0 (08-11-2015 - LA)

In the summer of 2005, appellant Hartford Casualty Insurance Company (Hartford) issued one CGL insurance policy to Noble Locks Enterprises, Inc. (Noble Locks), effective from July 28, 2005, to July 28, 2006, and a second CGL policy to J.R. Marketing, L.L.C. (J.R. Marketing), effective August 18, 2005, to August 18, 2006. In these policies, Hartford promised to defend and indemnify the named insur... More...   $0 (08-10-2015 - CA)

We have long strictly construed contractual provisions that call for one party to indemnify another, requiring that such provisions clearly and unequivocally manifest the intent to do so. In this case, we are asked to consider whether we should also strictly construe a contractual provision requiring one party to procure insurance for the benefit of another. ¶2 We conclude that while an agreement... More...   $0 (07-31-2015 - UT)

Kansas City, MO - Eight Circuit affirms summary judgment against insured on claim for indemnity for sending junk faxes

This is a declaratory judgment action brought by an insurer concerning its duties with respect to a “junk fax” lawsuit brought against its insured. The district court2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We affirm.... More...   $0 (07-30-2015 - MO)

This appeal arises from injuries sustained by Plaintiff–Appellant Joseph R. Wilcox while welding on an offshore platform. Wilcox, an employee of Defendant–Appellee Max Welders, L.L.C., was working as the borrowed employee of Defendant–Appellee–Appellant Wild Well Control, Incorporated, a subsidiary of Defendant–Appellee–Appellant Superior Energy Services, Incorporated. Wilcox sued the Defendants u... More...   $0 (07-24-2015 - LA)

In 2003, Schlegel and Stoltze contracted for Schlegel to log Stoltze’s property.
The logging contract contains a provision in which Schlegel agreed to procure liability
insurance indemnifying Stoltze from liability for any loss or injury arising from the
logging operations. Schlegelalsoagreed that indemnification “shall not be limited . . . by
immunity of suit of [Schlegel], ... More...   $0 (07-18-2015 - )

Ines Ciprian and Eduardo Ciprian-Escapa (Appellants) appeal the trial court’s
order denying their motion to vacate, set aside, and dismiss the final judgment entered
against them and in favor of the City of Orlando (City). See Fla. R. Civ. P. 1.540(b).
Appellants raise two issues on appeal, only one of which merits discussion. Appellants
maintain that because the damages alleged in... More...   $0 (07-17-2015 - FL)

There were several individuals who served as Receiver for the City of Central Falls during the period of time preceding the filing of these cases and during the pendency of the cases. We shall simply make a generic reference to “the Receiver.” On November 14, 2013, by order of this Court, Allan M. Shine, Esq. (the Trustee) was substituted as Appellee in the place of the Receiver in all three of ... More...   $0 (07-16-2015 - )

In this Engle1 progeny case, plaintiff Beatrice Skolnick recovered compensatory damages from two tobacco companies—Philip Morris USA Inc. and R.J. Reynolds Tobacco Company. The jury found for the defendants on claims of fraudulent concealment and conspiracy to commit fraudulent concealment.
1Engle v. Liggett Group, Inc., 945 So. 2d 1246 (Fla. 2006).
- 2 -
We confront a novel issue in a... More...   $0 (07-15-2015 - FL)

The court has considered relators’ petition for writ of mandamus and is of the opinion that relief should be granted regarding mediation and denied regarding arbitration. The trial court abused its discretion by appointing a
1See Tex. R. App. P. 47.4, 52.8(d).
2
mediator and assessing mediation costs in a manner not authorized by the parties’ contract. The portions of the petition addr... More...   $0 (07-15-2015 - TX)

These consolidated cases come before this Court on
appeal from a decision of the Providence County Superior Court, which contained three distinct
holdings. First, the Superior Court granted the Central Falls Receiver’s1 motion for partial
1 There were several individuals who served as Receiver for the City of Central Falls during th... More...   $0 (07-14-2015 - )

These consolidated cases come before this Court on
appeal from a decision of the Providence County Superior Court, which contained three distinct
holdings. First, the Superior Court granted the Central Falls Receiver’s1 motion for partial
1 There were several individuals who served as Receiver for the City of Central Falls during the... More...   $0 (07-12-2015 - )

On the same day in April 2013, Accredited Surety posted two bonds for the release of Cale Brian Maisano, the defendant in two underlying criminal matters (Shasta County case Nos. CRF12-6931 and CRF10-5222). In case No. CRF10-5222, the amount of the bond was $10,000; in case No. CRF12-6931, the amount of the bond was $75,000.2 Maisano failed to appear in court on May 13, 2013, and the trial court... More...   $0 (07-10-2015 - )

This construction defect case presents three issues on review, following certain rulings by the trial court and an award of damages by the jury. First, we consider the proper application of ORS 30.140, a statute that voids overbroad indemnity provisions in construction contracts. The Court of Appeals held that the trial court had erred by invalidating an indemnity provision in its entirety when th... More...   $0 (07-06-2015 - Or)

Norman, OK - Kaci Nicole Mays, Personal Representative of the Estate of Terry Dale Mays, deceased, sued Thomas Alexander Fabri and Service Experts, Inc. d/b/a Gordons services Experts a/k/a Service Experts Heating and Airconditioning, LLC, Peerless Indemnity Insurance Company d/b/a America First Insurance on auto negligence theories claiming;

1. On or about the 13th day of August, 2010, t... More...   $2000000 (07-02-2015 - OK)

Jeffrey Epp suffered severe injuries after diving into a swimming pool at the St. Regis Resort, Monarch Beach (the St. Regis). Litigation followed, with Epp and his wife (together, the Epps) suing the owner of the St. Regis and the entities involved in the design and construction of the swimming pool. The defendants included Valley Crest Landscape Development, Inc. (Valley Crest), which was the ge... More...   $0 (07-02-2015 - CA)

Plaintiff Rosa Elena Munoz appeals from a judgment dismissing her personal injury action against the City of Tracy (City) for failure to bring the action to trial within five years, as required by Code of Civil Procedure section 583.310 et seq. (Code Civ.
2
Proc., § 583.310.)1 She contends the trial court erred in dismissing her case because the parties had executed a written stipulation e... More...   $0 (06-30-2015 - CA)

Plaintiff Ironridge Global IV, Ltd., sued defendant ScripsAmerica, Inc., to recover
a debt. The parties were able to reach a settlement, by which defendant agreed to give
plaintiff shares of defendant’s stock in satisfaction of the debt. The agreement also
provided a mechanism whereby plaintiff would receive additional shares if the value of
defendant’s stock decreased. The par... More...   $0 (06-30-2015 - CA)

A jury found that the defendant, the
Hartford Roman Catholic Diocesan Corporation, acted
negligently and recklessly when it assigned Father Ivan
Ferguson, an alcoholic whose admitted acts of child
molestation were understood to be linked to his drinking,
to serve as the director of Saint Mary’s Elementary
School in Derby (Saint Mary’s School), where he sexually
abus... More...   $0 (06-27-2015 - CT)

John A. Kasel sustained injuries at a motel while he was
an employee of Union Pacific Railroad Company (Union
Pacific). Kasel sued Union Pacific and the motel. After the
parties settled, Union Pacific asserted a contractual right
of subrogation to the extent of medical payments made on
Kasel’s behalf by a third-party administrator. The contract in
question created a lien ... More...   $0 (06-26-2015 - NE)

The Patient Protection and Affordable Care Act adopts a series of interlocking reforms designed to expand coverage in the individual health insurance market. First, the Act bars insurers from taking a person’s health into account when deciding whether to sell health insurance or how much to charge. Second, the Act generally requires each person to maintain insurance coverage or make a payment to... More...   $0 (06-25-2015 - DC)