Indemnity Law
 
Wayson Wong v. Ira Stroler

Wayson and Susanna Wong bought a hillside home in San Carlos for $2.35 million from Ira and Toby Stoler. Several months after they moved in, the Wongs discovered that they and 12 of their neighbors were connected to a private sewer system and were not directly serviced by the City‟s public system. Believing they had been deceived, they sued the Stolers and the real estate agents who brokered the... More...   $0 (06-23-2015 - CA)

Merilyn Cook v. Rockwell International Corporation and DOW Chemical Company

Harnessing nuclear energy is a delicate business. So is the statute before
us. Originally passed in the 1950s in an era captivated by the promise of nuclear
power and amended in the 1980s in the aftermath of the Three Mile Island
meltdown when prevailing public sentiment was perhaps less sanguine, the Price-
Anderson Act seeks both to promote the private nuclear energy industry and... More...
   $0 (06-23-2015 - CO)

David Litt v. Eisenhower Medical Center

Prior to trial, defendant Eisenhower Medical Center (EMC) served on plaintiff
David Litt a $15,000 settlement offer under Code of Civil Procedure1 section 998, which
Litt did not accept. Litt subsequently added Compass Group USA, Inc. (Compass) as a
defendant in the suit. Compass did not serve a section 998 offer on Litt. A jury returned
a verdict for Litt and against defendants jo... More...
   $0 (06-19-2015 - CA)

Eclectic Investments, LLC v. Rihard Patterson

Petitioner on review, Jackson County (the county),
seeks reconsideration of our opinion in Eclectic Investment,
LLC v. Patterson, 357 Or 25, 346 P3d 468 (2015), in which
we affirmed the Court of Appeals and trial court decisions
denying the county’s common-law indemnity claim. We
concluded that, “[i]n cases in which the Oregon comparative
negligence statutes apply and i... More...
   $0 (06-12-2015 - OR)

Jessica Chan v. Peter Curran

After plaintiff and appellant Jessica Chan’s mother died from internal
hemorrhaging related to Coumadin use following heart surgery, Chan successfully sued
defendant and respondent Peter Curran for medical malpractice. Neither the sufficiency
of the evidence to support the malpractice verdict, nor any other issue associated with the
trial and the rendition of the jury verdict, is... More...
   $0 (06-09-2015 - CA)

United States of America v. Jeffrey Brian Cohen

Baltimore, Maryland – After four days of trial, Jeffrey Brian Cohen, age 39, of Reisterstown, Maryland, pleaded guilty late today, to wire fraud, aggravated identity theft, making false statements to an insurance regulator, and obstruction of justice.

The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Stephen E... More...
   $0 (06-05-2015 - MD)

Ross Ford v. Peggy Gray and James Zink

1 Plaintiff/Appellant Ross Ford (Plaintiff) seeks review of the trial court's order apportioning the proceeds of Plaintiff's settlement with Defendants/Appellees Peggy Gary and James P. Zink between Plaintiff and Intervenors/Appellees City of Tulsa and Farmers Insurance Company. In this appeal, Plaintiff challenges the trial court's order as contrary to More...   $0 (06-03-2015 - OK)

Jason Petrik v. JJ Concrete, Inc. and EMC Insurance Company

[¶1.] Jason Petrik (Employee) was injured when he ran from a co-worker on the job site after tricking that co-worker out of an air-conditioned truck. JJ Concrete, Inc. (Employer) and EMC Insurance Company (Insurer) denied workers’ compensation benefits to Employee because Employee’s act was horseplay and, therefore, the injury did not “arise out of” or “in the course of” his employmen... More...   $0 (06-03-2015 - SD)

Sibhan Tiffany Baziel v. Marquita Annette Littlebear

Tulsa, OK 0 Sibhan Tiffany Baziel sued Marquita Annette Littlebear, Mary K. Anderson and Geico Indemnity Company on auto negligence theories claiming:

1. The Plaintiffs are individuals residing in Tulsa County, Oklahoma.
2. Plaintiff Siobhan Tiffany Bazile is the natural parent of K.B., a minor child; and
brings this case as her natural parent and guardian.
3 The Defendant, M... More...
   $65650 (06-02-2015 - OK)

Jesus Salas aka Jesse Salas v. Addison Mary Jirik aka Addison M. Jirik, aka Addison Jirik, Teresa Jirik, Scott Jirik

Tulsa, OK - Jesus Salas aka Jesse Salas sued Addison Mary Jirik aka Addison M. Jirik, aka Addison Jirik, Teresa Jirik, Scott Jirik on auto negligence theories claiming:

Plaintiffs allege and state as follows:
1. Plaintiffs were at all material times residents of Tulsa County, Oklahoma.
2. Defendant Addison Jirik (Hereinafter AJ) was at all material times upon information and belie... More...
   $0 (05-28-2015 - Ok)

OPY I, LLC v. First American Title Insurance Company, Inc.

1 This case arises out of a title insurance coverage dispute between Plaintiff/Appellant OPY I, L.L.C. ("Plaintiff") and Defendant/Appellee First American Title Insurance Company, Inc. ("Defendant"). Plaintiff, an Oklahoma limited liability company, appeals from summary judgment granted in Defendant's favor.

2 On August 28, 2003 Plaintiff entered into a contract with Third-Party Defenda... More...
   $0 (05-20-2015 - OK)

Edward McIntyre and Leslie McIntyre v. Alicia Bear and Katelyn Brown

Tulsa, OK - Edward McIntyre and Leslie McIntyre sued Alicia Bear and Katelyn Brown claiming:

1. On or about July 24, 2013 in Tulsa County, Oklahoma, the minor, Micah James McIntyre, was involved in a dog bite incident wherein Micah James McIntyre allegedly sustained injury. As a result of the dog bite, the minor and the minor’s parents and next friends, Edward McIntyre and Leslie McInty... More...
   $42000 (05-19-2015 - OK)

Cornhusker Casualty Company v. Shar Jkaj

Cornhusker Casualty Company (“Cornhusker”) appeals from the district
court’s summary-judgment ruling, arguing that the district court incorrectly
concluded that Cornhusker was estopped from asserting noncoverage as a defense
to the claims of Shari and Steve Skaj. The Skajs have cross-appealed the district
court’s sua sponte entry of summary judgment against them on their co... More...
   $0 (05-18-2015 - WY)

Eric Drake v. Consumers County Mutual Insurance, and Travelers Indemnity Company

Eric Drake appeals the trial court’s order granting summary judgment. In ten issues Drake challenges the authority of various judges who determined motions in the case, arguing they lacked authority to rule on the matters they considered. He also maintains the trial court’s ultimate determination that the statute of limitations barred his claims was incorrect. We affirm the judgment of the tri... More...   $0 (05-08-2015 - TX)

United States of America v. John S. Alphas

When a criminal defendant is
convicted of a fraud offense, the Sentencing Commission has
established amount of loss — generally the higher of actual or
intended loss — as a rough proxy for determining the seriousness of
the offense and the relative culpability of the offender. Although
this concept is easily stated, its application often has vexed
sentencing courts. As ... More...
   $0 (05-07-2015 - MA)

MacKenzie Jean Schwartz v. Doyle D. Bender, M.D., et al.

Tulsa, OK - MacKenzie Jean Schwartz sued Doyle D. Bender, M.D., Emergency Care, Inc., Mary H. Li, M.D., Indira M. Murr, J.D., St. Francis Hospital, Inc., Mark A. Cremer and Radiology Consultants of Tulsa, Inc. on medical negligence (medical malpractice) theories.

The claims made and defenses asserted by the parties are not available.

Docket
Date Code Description Count Par... More...
   $0 (05-07-2015 - OK)

State Auto Property and Casualty Insurance Company v. Lori Hargis

This appeal presents two related issues: (1) whether
it was error for the district court to dismiss the claim asserted by the insurance company against
>
No. 13-5020 State Auto Prop. & Cas. Ins. v. Hargis Page 2
its insured for “reverse bad faith” because it has not been recognized in Kentucky (or any other
jurisdiction); and (2) whether this court should certify the questi... More...
   $0 (05-06-2015 - KY)

State of Oklahoma vs. Luke Dewayne Smith

Norman, OK - State of Oklahoma vs. Luke Dewayne Smith:

Count # 1. Count as Filed: DU8III, poss of cds, in violation of 63 O.S. 2-402
Date of Offense: 12/14/2012
Party Name Disposition Information
Smith, Luke Dewayne Disposed: CONVICTION, 05/04/2015. Guilty Plea
Count as Disposed: poss of cds(DU8III)
Violation of 63 O.S. 2-402


Count # 2. Count as Fil... More...
   $0 (05-04-2015 - OK)

EVERGREEN RECYCLE, L.L.C., Appellee/Cross-appellant, v. INDIANA LUMBERMENS MUTUAL INSURANCE COMPANY, Appellant/Cross-appellee, v. ECK AGENCY, INC., Appellee/Cross-appellant,

Indiana Lumbermens Mutual Insurance Company (Lumbermens) appeals from the judgment awarded to Evergreen Pallet, L.L.C. and Evergreen Recycle, L.L.C. (Evergreen) in the amount of $231,000 based on Evergreen's claim that Lumbermens improperly failed to pay a claim for losses associated with a fire in a commercial mulch pile owned and maintained by Evergreen. On appeal, Lumbermens contends the distri... More...   $0 (05-01-2015 - KS)

Tessea Marsh v. Connor Hollenback

Oklahoma City, OK - TESSA MARSH individually and as mother of CARSON MARSH, FREDERICK"LOGHAN"
STEVENS and MADALYN STEVENS minors and MEGHAN STEVENS individually and LINDA DREW and DAVID DREW individually and as husband and wife sued Connor Hollenback on an auto negligence theory claiming:

1. That the Plaintiffs, Tessa Marsh Carson Marsh, Frederick “Loghan” Stevens, Madalyn Steven... More...
   $3800 (04-30-2015 - OK)

Gary Stokes v. TLCAS, LLC, et al.

¶1 TLCAS, LLC, together with Gary Gee, Marva Gee, and Nancy Gee (collectively, TLCAS) appeals from the trial court’s ruling that TLCAS engaged in deceptive and unconscionable practices under the Utah Consumer Sales Practices Act (the UCSPA) and is liable to Auto-Owners Insurance Company (Auto-Owners) for costs related to a dealer’s bond and reasonable attorney fees under the terms of an indem... More...   $0 (04-23-2015 - UT)

Neil Donner And Kiyomi Donner v. James M. Blue

Homeowners Neil and Kiyomi Donner appeal an order for summary
judgment dismissing their breach of easement, negligence, nuisance, and trespass
claims against neighboring homeowners for damages to their residence resulting from a
clogged private sewer line shared by the parties. They argue the trial court erred when
71441-4-1/2
it dismissed their claims because respondent James ... More...
   $0 (04-23-2015 - )

Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company and Allstate Fire & Casualty Insurance Company v. Rehab Alliance of Texas, Inc d/b/a Steeplechase Family Heathcare and Steeplechase Pain Management & Surgical Associates, Sheila Smith fka Sheila Goyer, Dennis Smith, D.C, The Diagnostic & Injury Center of Houston, LLC and Ihsan Shanti, M.D.

We overrule appellants’ motion for rehearing, withdraw our memorandum opinion issued December 9, 2014, and issue this substitute memorandum opinion.
Appellants, Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company, and Allstate Fire & Casualty Insurance Company (“Allstate”) appeal an order grantin... More...
   $0 (04-21-2015 - TX)

Insurance Company of the State of Pennsylvania v. Merle A. Hughes

Merle A. Hughes filed a claim for benefits with the Texas Worker’s
Compensation Commission, and a contested case hearing was heard before the Texas
Department of Insurance, Division of Worker’s Compensation (DWC). The DWC made
the following decision:
[Hughes] sustained an injury, in the form of an occupational disease.
Because [Hughes] did not sustain a compensable injury, ... More...
   $0 (04-16-2015 - TX)

KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, P.C. and H. Erwin Wilbanks and Fidelity National Title Insurance Company

The trial court signed an order compelling arbitration of all claims between
appellant KNJ Enterprises, Inc. and appellees Wilbanks & Wilbanks, P.C., H.
Erwin Wilbanks, and Fidelity National Title Insurance Company (collectively
“Wilbanks”). Wilbanks initiated arbitration in conformity with the trial court’s
order. KNJ received notice of the arbitration initiated by Wilbanks ... More...
   $0 (04-14-2015 - TX)

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