Indemnity Law
 
Manuel Cruz v. Abel Chavez

Civil Rule 2A precludes enforcement of a settlement agreement
where there is a genuine dispute of material fact regarding the existence of the
agreement. Under principles of contract law, which govern settlement agreements,
mutual assent is an essential element for the formation, or existence, of a valid
agreement. Here, the plaintiffs demonstrated a question of material fact as to... More...
   $0 (04-13-2015 - WA)

Evelina Cuenca v. Nova Southeastern University and New York Rick Services Group, Inc.

In this workers’ compensation case, Claimant argues that the Judge of Compensation Claims (JCC) erred in failing to approve a stipulation whereby the Employer/Servicing Agent (E/SA) would pay Claimant’s attorney a $1,500
attorney’s fee, under section 440.34(3)(a) and (7), Florida Statutes (2013), and reimburse costs in the amount of $275. Because the record does not support the JCC’s r... More...
   $0 (04-09-2015 - FL)

Ram's Gate Winery, LLC v. Joseph G. Roche

Appellant Ram’s Gate Winery, LLC (Ram’s Gate) bought a property in Sonoma County from respondents Joseph G. and Genevieve Roche (the Roches) upon which it intended to build a new winery. The sellers had agreed in the “Purchase and Sale Agreement” (Purchase Agreement) to disclose facts having a “material effect on the value of the ownership or use of the Property,” including geological ... More...   $0 (04-09-2015 - CA)

Jared Henry v. Jordan A. Hunter

Tulsa, OK - Jered Henry and Crhistina Henry sued Jordan A. Hunter, John Jones, Matthew Martinez, Darryl Hale, Broken Arrow Public Schools and the City of Broken Arrow on governmental tort claim negligence theories:

1. The Plaintiffs, Logan Henry, Jered Henry, and Christina Henry are, and were at
all relevant times, residents of Wagoner County, State of Oklahoma, along with their minor... More...
   $30000 (04-08-2015 - ok)

Hung Van Ong v. Fire Insurance Exchange

Plaintiff and appellant Hung Van Ong (Plaintiff) appeals from a stipulated judgment entered in favor of defendant and respondent Fire Insurance Exchange (Defendant) after the trial court granted Defendant’s motion for summary adjudication of Plaintiff’s claim for breach of contract.1 Plaintiff contends that the trial court erred in concluding that a vacancy exclusion in his policy for a loss f... More...   $0 (04-03-2015 - CA)

Carolyn Mariani v. The State of Oklahoma, ex rel. Oklahoma State University

1 The question presented to this Court is whether certain provisions of The Governmental Tort Claims Act (GTCA), specifically 51 O.S. 2011 158(E) & 162(D), permit the State of Oklahoma or a political subdivision to set off from liability amounts previously paid to a GTCA tort claimant from the claimant's own insurer, thereby abrogating the collateral source rule for claims arising under the GT... More...   $0 (03-24-2015 - OK)

Tabitha Becker v. Hoodoo Ski Bowl Developers, Inc. d/b/a Hoodo Ski Area

Plaintiff Becker, who was injured by a chair lift at
Hoodoo’s ski area, brought this negligence action against
defendant Hoodoo Ski Bowl Developers, Inc. (Hoodoo).
Hoodoo filed a motion for summary judgment, arguing that
it was entitled to the affirmative defense of release, and
Becker filed a cross-motion for partial summary judgment,
arguing that the release was unenfor... More...
   $0 (03-18-2015 - OR)

Eclectic Investments, LLC v. Richard Patterson and Jackson County

Jackson County (the county) is a defendant in this
negligence action, in which plaintiff sought damages for
damage to its real property. As an affirmative defense, the
county alleged that plaintiff was negligent and was itself
responsible for the damages that it had suffered. The county
also filed a cross-claim against a codefendant (the contractor)
seeking common-law indem... More...
   $0 (03-18-2015 - OR)

Twin Towers Condominium Association, Inc. v. Bel Fury Investments Group, LLC

Bel Fury Investments Group, L.L.C. (Bel Fury), owns property located in the Twin Towers Condominium in Omaha, Nebraska. After Bel Fury failed to pay assessments for this property (Unit SCB), the Twin Towers Condominium Association, Inc. (the Association), recorded two notices of lien and filed a foreclosure action. When the Association filed the notices of lien and the complaint, it was levying as... More...   $0 (03-13-2015 - NE)

Jimmie Lee Taylor v. The Bar Plan Mutual Insurance Company

An attorney advised his client to make loans both to his law firm and to a business from which he received a commission for the referral. The attorney did not make a written disclosure or advise his client to seek independent legal advice, both of which are required by the rules of professional responsibility when entering a self-interested business transaction with a client. The loans were never ... More...   $0 (03-10-2015 - MO)

Tract 19051 Homeowners Association v. Maurice Kemp

The issue before us in this case is the validity of an attorney fee award granted in favor of defendant homeowners under former section 1354, subdivision (c), of the Civil Code, a provision of the Davis-Stirling Common Interest Development Act (hereafter the CID Act).1 The CID Act applies to
1 In 2012, subsequent to all of the lower court proceedings in this matter, the CID Act was recodified.... More...
   $0 (03-05-2015 - CA)

Bonnie DuBeck v. California Physicians' Service

In September 2006, respondent California Physicians’ Service, doing business as Blue Shield of California (Blue Shield), canceled appellant Bonnie DuBeck’s medical insurance policy, claiming DuBeck had made material misrepresentations in her application and concealed that she had undergone a fine needle aspiration for a lump in her breast several days before submitting the application.1 At the... More...   $0 (03-05-2015 - CA)

State of Oklahoma vs. Ashley Dylan Tyler

Norman, OK - State of Oklahoma vs. Ashley Dylan Tyler:

Count # 1. Count as Filed: BRG2, BURGLARY - SECOND DEGREE, in violation of 21 O.S. 1435
Date of Offense: 10/13/2012
Party Name Disposition Information
Ashley, Dylan Tyler Disposed: CONVICTION, 03/04/2015. Guilty Plea
Count as Disposed: ** mtr**BURGLARY - SECOND DEGREE(BRG2)
Violation of 21 O.S. 1435
Ashle... More...
   $0 (03-04-2015 - OK)

Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the “underlying judgment”) in a separate underlying lawsu... More...   $0 (03-03-2015 - TX)

Developers Surety and Indemnity Company v. Woods of Somerset, LLC

This case arises from claims brought by Developers Surety and Indemnity Company ("DSI") against Daniel Waldberg, Brenda Waldberg, Barney Ashner, Marlene Ashner, and Woods of Somerset, LLC ("Appellants") related to an indemnity agreement Appellants executed in order to obtain a payment bond from DSI for the development of a subdivision. After an excavation company filed suit seeking payment for wor... More...   $0 (03-03-2015 - MO)

Hillel Sanowicz v. Ben Bacal

Plaintiff Hillel Sanowicz (Sanowicz) and defendant Ben Bacal (Bacal) are licensed real estate salespersons. Sanowicz alleges that he and Bacal agreed to share commissions earned by either of them on certain sales of real property, but that Bacal breached that agreement. Sanowicz sued both Bacal and Sotheby’s International Realty, Inc. (Sotheby’s), dismissing the latter shortly after filing sui... More...   $0 (02-26-2015 - CA)

Michael D. Karns v. Jalapeno Tree Holdings, LLC; Mark S. Parmerlee; and Paul Bambrey

Appellant Michael Karns, owner of the El Fenix chain of Mexican food restaurants in the
Dallas-Fort Worth Metroplex, sought to purchase a competing chain of Mexican food restaurants
from Appellees Jalapeno Tree Holdings, L.L.C., Mark S. Parmerlee, and Paul Bambrey
(collectively “Jalapeno Tree”). Although the parties initially agreed to certain terms outlined in a
letter of inte... More...
   $0 (02-21-2015 - TX)

Dia Hendrix v. Farmers Insurance Company, Inc.

Dia Hendrix sued Farmers Insurance Company, Inc. on an auto negligence theory.

Issue:

Issue # 1. Issue: AUTO NEGLIGENCE (AUTONEG)
Filed By: HENDRIX, DIA MICHELLE
Filed Date: 01/29/2015
Party Name Disposition Information
Defendant: FARMERS INSURANCE COMPANY INC Disposed: DISMISSED, 02/20/2015. Dismissed- Settled

Court docket entries:

Date C... More...
   $1 (02-20-2015 - OK)

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc.

May the second-place bidder on a public works contract state a cause of action for intentional interference with prospective economic advantage against the winning bidder if the winner was only able to obtain lowest bidder status by illegally paying its workers less than the prevailing wage? We hold that the answer is yes if the plaintiff alleges it was the second lowest bidder and therefore would... More...   $0 (02-20-2015 - CA)

Allison Chase v. Horace Mann Insurance Company

Allison Chase seeks review of the decision of the First District Court of Appeal in Horace Mann Insurance Co. v. Chase, 121 So. 3d 1191 (Fla. 1st DCA 2013), on the ground that it expressly and directly conflicts with the Second District’s decision in Creighton v. State Farm Mutual Auto Insurance Co., 696 So. 2d 1305 (Fla. 2d DCA 1997), on the issue of whether removing the sole named insured from... More...   $0 (02-19-2015 - FL)

Calvo Fisher & Jacob, L.L.P. v. David J. Lujan

This is the third in a series of appeals filed by appellant David Lujan in this case, the general background of which was described in our introduction in the earlier opinion: “A prominent Guam attorney [Lujan] was sued in two lawsuits in Hawaii, followed by a third lawsuit in California, the last of which, were it to succeed, could have cost the attorney millions of dollars, loss of his reputat... More...   $0 (02-19-2015 - CA)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, “Perales”), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer (“the Estate”), seeking to recover attorney’s fees and costs incurred in
2
defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges the... More...
   $0 (02-19-2015 - )

Dean Craft v. Philadelphia Indemnity Insurance Company

¶1 We accepted jurisdiction pursuant to C.A.R. 21.1 to answer questions of state law certified to this court by the United States Court of Appeals for the Tenth Circuit regarding the applicability of the “notice-prejudice rule” to claims-made insurance policies.

¶2 Under the notice-prejudice rule, an insured who gives late notice of a claim to his or her insurer does not lo... More...
   $0 (02-17-2015 - CO)

Zenergy, inc. v. Palace Exploration Company

Tulsa, OK - Zenergy, Inc. and Zeneco, Inc. sued Palace Exploration, Palace Operating Company, Bistate Oil Management Corporation, Bistate Oil Co., Inc., Roda Drilling Company and Roda Drilling Company, LLC:

Issue # 1. Issue: DECLARATORY JUDGMENT (DECLARE)
Filed By: ZENERGY INC
Filed Date: 12/11/2006
Party Name Disposition Information
Defendant: PALACE EXPLORATION COMP... More...
   $0 (02-13-2015 - OK)

Tony Nealy v. City of Santa Monica

Appellant Tony Nealy brought this action under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.) against his employer, the City of Santa Monica (the City), for disability discrimination, failure to provide reasonable accommodation, failure to engage in the interactive process, and retaliation. Nealy’s disability arose as a result of knee injuries while working f... More...   $0 (02-13-2015 - CA)

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