Indemnity Law
 
PMSALS 1 LLC v. American Opportunity for Housing Perrin Oaks LLC; American Opportunity for Housing Inc, David Starr, Fidelity National Title Insurance Company

PMSALS 1, LLC appeals a final judgment incorporating a series of summary judgment orders in favor of American Opportunity for Housing-Perrin Oaks, LLC (“AOH LLC”), American Opportunity for Housing, Inc. (AOH Inc.), David Starr, and Fidelity National Title Insurance Company. We affirm the trial court’s judgment.
BACKGROUND
AOH LLC is the maker of a $2,500,000 promissory note which was... More...
   $0 (07-16-2014 - TX)

Kevin Partin v. Patrick Allen, Bob Howard Automotive East, Inc. and South Point Chevrolet

Kevin Partin v. Patrick Allen, Bob Howard Automotive East, Inc. and South Point Chevrolet

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: PARTIN, KEVEN E
Filed Date: 05/04/2012
Party Name: Disposition Information:

Defendant: BOB HOWARD AUTOMOTIVE EAST INC
Pending.

Defendant: SOUTH POINTE CHEVROLET
Pending.

Defendant: ALLE... More...
   $0 (07-10-2014 - OK)

Wallace Debes v. General Star Indemnity Company

Appellant Wallace Debes challenges the trial court’s summary judgment in
favor of appellee General Star Indemnity Company (“General Star”). In one issue,
Debes asserts that the trial court erred in granting summary judgment in favor of
General Star on Debes’s breach of contract claim because genuine issues of
material fact exist as to whether Debes was a third-party benefic... More...
   $0 (07-10-2014 - TX)

Flintco, LLC v. Thalden Boyd Architects, d/b/a Thaldenboyd Architects, et al.

FLINTCO LLC, Plaintiff, v. THALDEN BOYD ARCHITECTS, DBA THALDENBOYD ARCHITECTS Defendant, and
CHARLES CHIEF BOYD, Defendant, and BARRY RICHARD THALDEN, DBA THALDEN BOYD ARCHITECTS
Defendant, and THALDEN BOYD ARCHITECTS LLC, Defendant, and THALDEN BOYD EMERY ARCHITECTS,
Defendant, and GREEN COUNTRY INTERIORS INC, Defendant, and ADVANTAGE GLASS INC, Defendant, and
... More...
   $0 (07-07-2014 - OK)

Jose Luis Avalos v. TL Custom, LLC

¶1 Jose Luis Avalos appeals from a jury verdict in favor of TL
Custom, LLC (TLC). Avalos argues that the trial court exceeded its
discretion in admitting evidence that TLC had gone out of business.
He also argues that the jury’s verdict that TLC was not negligent is
not supported by sufficient evidence. We affirm.
Avalos v. TL Custom
2. “On appeal from a jury verdict, ... More...
   $0 (07-03-2014 - UT)

Beacon Residential Community Association v. Skidmore, Ownings & Merrill, L.L.P.

A homeowners association on behalf of its members sued a condominium developer and various other parties over construction design defects that allegedly make the homes unsafe and uninhabitable for significant portions of the year. Two defendants were architectural firms, which allegedly designed the homes in a negligent manner but did not make the final decisions regarding how the homes would be b... More...   $0 (07-03-2014 - CA)

Raj Singh v. Stephen Lipworth

A judgment entered against Raj Singh in a prior action (Super. Ct. Sacramento County, 2006, No. 00AS00602) was assigned to Stephen Lipworth, who moved successfully to amend the judgment to add certain aliases of Singh, namely Kaus Singh and Archana Singh. (Singh v. Lipworth (June 18, 2008, C053762) [nonpub. opn.].)1 Thereafter, the trial court granted Lipworth’s application for sale of certain p... More...   $0 (07-03-2014 - CA)

Tracey Chandler v. Mark W. Valentine, M.D.

¶1 The issue in this matter is whether an insurer may agree to cancel a "claims made" policy with the knowledge that a potential claim is pending without violating the statutory prohibition on retroactive annulment of an insurance policy following the injury, death, or damage for which the insured may be liable. See Okla. Stat. tit. 36, § 3625 (2011). This Court holds that it may not and affirms... More...   $0 (07-02-2014 - OK)

Patrick Michaelski and Lynda Michaelski v. John Wright, Peggy Wright, Grant Dietz, and Rebecca Dietz

Appellants, Patrick Michaelski and Lynda Michaelski, filed suit against appellees, John Wright, Peggy Wright, Grant Dietz, and Rebecca Dietz. The Michaelskis alleged the Wrights and Dietzes flooded their home on two occasions by impounding rain water on the Michaelskis’ property and diverting water from

2

the Wrights’ property onto the Michaelski’s property. The jury found for ... More...
   $0 (06-26-2014 - TX)

Meera Upasani v. State Farm General Insurance Company

Meera Upasani and Mohan Upasani, policyholders of State Farm General Insurance Company and State Farm Fire and Casualty Company (collectively, State Farm), were sued for conspiring to aid a mother in abducting her son from his father. State Farm denied the Upasanis’ tender of the defense of that action because abduction claims were not covered claims under the terms of the State Farm policies. T... More...   $0 (06-26-2014 - CA)

United States of America v. Dr. James Murphy and Denine Christine Murphy

SAN DIEGO – United States Attorney Laura E. Duffy announced that a federal jury returned guilty verdicts on all counts against Dr. James Francis Murphy and his wife, Denine Christine Murphy, based on their years-long efforts at preventing the IRS from assessing and collecting the hundreds of thousands of dollars of income taxes they owed from the operation of their medical practice in Encinitas,... More...   $0 (06-24-2014 - CA)

Michael Verdugo v. Target Corporation

At the request of a three-judge panel of the United States Court of Appeals for the Ninth Circuit, we agreed to address a question of state law that is potentially determinative of an appeal now pending before that federal appellate court. (Cal. Rules of Court, rule 8.548.) The question, as reformulated and narrowed to conform to the facts of the pending appeal, is whether, under California law, t... More...   $0 (06-23-2014 - CA)

Kathleen Hardin v. PDX, Inc.

PDX, Inc. claims the trial court erred when it denied a motion to strike brought under Code of Civil Procedure section 425.16, and refused to dismiss a negligence and product liability action as a Strategic Lawsuit Against Public Participation. Because the plaintiff demonstrated a probability she may prevail on her claim, we affirm.
BACKGROUND
Kathleen Hardin suffered complete blindness an... More...
   $0 (06-19-2014 - CA)

Kathleen Hardin v. PDX, Inc.

PDX, Inc. claims the trial court erred when it denied a motion to strike brought under Code of Civil Procedure section 425.16, and refused to dismiss a negligence and product liability action as a Strategic Lawsuit Against Public Participation. Because the plaintiff demonstrated a probability she may prevail on her claim, we affirm.

BACKGROUND

Kathleen Hardin suffered complete blindn... More...
   $0 (06-19-2014 - CA)

Allstate Indemnity Company v. Levina Rice

On October 10, 2010, Levina Rice suffered significant injuries as a passenger in a one-vehicle automobile accident in Bates County, Missouri. Rice’s son-in-law, Howard Wiebe, drove the vehicle, which was owned by Rice’s daughter and son-inlaw, Sherry and Timothy Underwood. Both Wiebe and the Underwoods were covered by auto liability policies in effect at the time of the accident. The insurers ... More...   $0 (06-18-2014 - MO)

Certian Underwriters at Lloyd's of London Subscribing to Policy Number FINFR0801509

This is a permissive interlocutory appeal of a partial summary judgment. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West Supp. 2013). Certain

1 Underwriters have moved for reconsideration of our March 11, 2014 opinion. The panel denies rehearing, withdraws its prior opinion and judgment, and issues this opinion and judgment in their place.

2

Underwriters at Lloyd’s ... More...
   $0 (06-12-2014 - TX)

Lori Chlouber v. Allie Home Health Services, Inc., Sharon Hulin and Kristi Van Hooser Gavlik

Lori Chlouber v. Allie Home Health Services, Inc., Sharon Hulin and Kristi Van Hooser Gavlik

Issue # 1.
Issue: BREACH OF AGREEMENT - CONTRACT (CONTRACT)
Filed by: CHLOUBER, LORI
Filed Date: 05/03/2010
Party Name: Disposition Information:

Defendant: ALLIED HOME HEALTH SERVICES INC
Disposed: DISMISSED - SETTLED, 06/09/2014. Judge.

Defendant: HOO... More...
   $1 (06-09-2014 - OK)

Tricia Worster v. Philadelphia Indemnity Insurance Company

COMES NOW the Plaintiff, Tricia Worster, by and through her attorney of record, Kevin E. Hill of Homsey Cooper Hill & Carson and, for her causes of action against the Defendant, alleges and states as follows:

1. Plaintiff Tricia Worster is a citizen of the State of Oklahoma.

2. Defendant Philadelphia Indemnity Insurance Company (hereafter “Philadelphia”) is an insurance compa... More...
   $1246000 (06-01-2014 - OK)

In The Estate of Ramiro Aguilar, Jr.

Anthony C. Aguilar and Michael A. Aguilar appeal the probate court’s order approving a claim filed by their sister Margaret Morales against their father’s estate. Their father, Ramiro Aguilar Jr., and their mother, Alvida Mae Aguilar, passed away within a month of each other. Morales was appointed independent executrix of both of her parents’ estates. Anthony Aguilar then sued Morales in El ... More...   $0 (05-28-2014 - TX)

Maria Cornelius v. Eren L. Pierce, Steven E. Hale and Oklahoma Custom Courier, LLC

Maria Cornelius v. Eren L. Pierce, Steven E. Hale and Oklahoma Custom Courier, LLC

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: CORNELIUS, MARIA
Filed Date: 04/12/2012
Party Name: Disposition Information:

Defendant: HALE, STEVEN E
Disposed: DISMISSED - WITH PREJUDICE, 06/11/2013. Dismissed- Settled.

Defendant: OKLAHOMA CUSTOM COURIER ... More...
   $0 (05-27-2014 - OK)

Marvin B. Graham v. Bank of America, N.A.

Marvin B. Graham borrowed money to purchase a house in 2004. Approximately seven years later, he defaulted on his loan and received a notice of sale. Graham filed this action to halt foreclosure proceedings and to cancel the note. He contends the "defendants' Lending Personnel"1 made fraudulent misrepresentations or omissions by stating the appraised fair market value of his home in 2004 was "incr... More...   $0 (05-25-2014 - CA)

Rigoberto Lopez v. Manhattan Road & Bridge Company, et al.

Rigoberto Lopez v. Manhattan Road & Bridge Company, Manhattan Constrction Company, Manhattan Construction Group, Inc. Rooney Holding, Icn. Travelers Indemnity Company and John Allan Scott

Issue # 1.
Issue: AUTO NEGLIGENCE (AUTONEG)
Filed by: Lopez, Rigoberto
Filed Date: 05/14/2013
Party Name: Disposition Information:

Defendant: Manhattan Road & Bridge Company... More...
   $0 (05-23-2014 - OK)

PNP Petroleum I, LP and PNP Management, Inc. v. Edna Earnest Taylor and Elizabeth Earnest Herbst.

This appeal arises from a dispute over whether the term of an oil and gas lease was extended by a payment made by the lessee. After the parties concluded their negotiation of the lease terms, the lease provided that the lessee could pay a “shut-in well royalty payment” to extend the term of the lease “[i]f, at the expiration of the primary term there is located on the leased premises a well ... More...   $0 (05-21-2014 - TX)

Tammy Gong v. City of Rosemead

Appellants Tammy Gong (“Gong”) and L&G Rosemead Garden LLC (“L&G”) (Gong and L&G are jointly referred to as “appellants”) seek to impose liability on the City of Rosemead (the “City”) for the alleged tortious conduct of John Tran (“Tran”), a former member of its City Council and former mayor of the City. Appellants allege that while L&G’s proposed real estate project was proc... More...   $0 (05-20-2014 - CA)

Florida Insurance Guaranty Association, Inc. v. Tammy Bernard

Florida Insurance Guaranty Association, Inc. (FIGA), appeals the final summary judgment ordering it to pay approximately $237,000 directly to Tammy Bernard for sinkhole loss to her home. FIGA argues that the trial court erred in determining that its liability for this loss was governed by the 2010 definition of “covered claim” in section 631.54(3), Florida Statutes, rather than the more restri... More...   $0 (05-18-2014 - FL)

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