Indemnity Law
 
Philadelphia Indemnity Insurance Company a/s/o Mirsan, L.P., d/b/a Sienna Ridge Apartments v. Carmen A. White

Appellant Philadelphia Indemnity Insurance Company (“Philadelphia”), as subrogee of Mirsan, L.P. d/b/a Sienna Ridge Apartments, sued appellee Carmen White for damages related to an apartment fire. Philadelphia alleged White caused the damage to her apartment and several adjacent apartments and she was liable for all damages according to a provision in her apartment lease. After a jury found in... More...   $0 (12-18-2013 - TX)

Michelle Lynn Hawkins v. McDonald's

{1} McDonald’s (Employer) appeals from a compensation order entered pursuant to the Workers’ Compensation Act (the WCA), NMSA 1978, §§ 52-1-1 to -70 (1929, as amended through 2013). Employer contends the Workers’ Compensation Judge (WCJ) erred in concluding that Michelle Hawkins (Worker) was entitled to temporary total disability (TTD) and permanent partial disability (PPD) benefits after ... More...   $0 (12-17-2013 - NM)

James Long v. GEICO Indemnity Company

James Long and Heather Long, individually and as parents of Kelses Long, a minor, sued GEICO Indemnity Company on an uninsured motorist theory.


COMES NOW Defendant GEICO Indemnity Company, and for its Answer to Plaintiffs’ Petition filed herein, allege and state as follows, to-wit:

1. Defendant admits the allegations contained in Plaintiff’s paragraph number one.
More...
   $29400 (12-13-2013 - OK)

American National Property & Casualty Company

¶1 This case involves a dispute over whether a homeowner’s insurance policy excludes coverage for an all-terrain vehicle (ATV) accident that occurred in a residential subdivision. American National Property and Casualty Company (American National) appeals the district court’s award of summary judgment in favor

American National v. Olsen

20110221-CA 2 2013 UT App 295

of th... More...
   $0 (12-12-2013 - UT)

Jerry L. Hamblin and Ricochet Energy, Inc. v. Thomas A. Lamont

Jerry L. Hamblin and Ricochet Energy, Inc. appeal a summary judgment, rendered in favor of Thomas A. Lamont, enforcing a contractual indemnity provision. We reverse the judgment of the trial court and render judgment in favor of Jerry L. Hamblin and Ricochet Energy, Inc.

FACTUAL AND PROCEDURAL BACKGROUND

Because many of the historical facts in this case are set forth in our previous ... More...
   $0 (12-11-2013 - TX)

Brian Conley v. Warren Properties, Inc.

Brian Conley, Monica Dixon, Eric Moore and Daniel Ostergaard sued Warren Properties, Inc., Natch Construction & Services, LLC, Banda Cover-Up Roofing, Bennatche Mason aka Lance Mason, et al. on negligence theories claiming:

1. Plaintiffs are each residents of Oklahoma City, Oklahoma County, Oklahma.

2. Defendant Warren Properties, Inc., (‘Warren”) is a Delaware Corporation th... More...
   $1 (12-10-2013 - OK)

Marva J. Sneed v. Eric K. Shinseki

Marva Sneed pursued her claim for survivor benefits in the Department of Veterans Affairs (“VA”) for eight years. After receiving an adverse decision from the Board of Veterans’ Appeals (“Board”), Ms. Sneed promptly contacted an attorney to represent her in an appeal to the United States Court of Appeals for Veterans Claims (“Veterans Court”). Only one day before the deadline to file... More...   $0 (12-10-2013 - DC)

Montara Owners Association v. La Noue Development, LLC

The dispute here is a familiar one: a construction defect action by a homeowners association against the developer and general contractor, who then filed third-party complaints against the multiple subcontractors. Most, but not all, of the claims settled. The claims of the developer and general contractor, La Noue Development, LLC (La Noue), against several subcontractors went to trial. Although L... More...   $0 (12-04-2013 - OR)

Michael And Roxanne Rohleder v. Matt Wilson Custom Homes, LLC

Michael And Roxanne Rohleder sued Matt Wilson Custom Homes, LLC and Matt Wilson who sued Isch & Associes, Inc., Crazy Horse Construction, LLC, Berry Masonry Services, LLC, Custin Symes, 4G Construction, and Warren Keith Bingham, as special administrator of the Estate of Kelly Bingham on breach of contract theories claiming:

1. Plaintiffs are residents of Oklahoma County, State of Oklahoma... More...
   $0 (12-04-2013 - OK)

Manuel Cespedes, Jr. v. Yellow Transportation, Inc.

We deny Appellees’ Motion for Rehearing and Motion for Rehearing En Banc, withdraw our original opinion dated April 24, 2013, and substitute this opinion in its place.

2

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that denies in part his claims for workers’ compensation benefits. Claimant argues the JCC erred by (... More...
   $0 (11-26-2013 - FL)

Macheca Transport Company v. Philadelphia Indemnity Ins.

This is an insurance coverage dispute between Macheca Transport Company (Macheca) and Philadelphia Indemnity Insurance Company (Philadelphia) arising from an ammonia leak which occurred in a refrigerated warehouse in November 2001. The dispute has resulted in extended litigation. An initial appeal to our court reversed a summary judgment in favor of Philadelphia. See Macheca Transp. v. Phila. Inde... More...   $0 (11-21-2013 - MO)

I-nnovate Technology v. YoungSoft, Inc.

Appellant Innovate Technology Solutions, L.P. appeals the trial court’s adverse summary judgment and adverse directed verdict on its counterclaims against appellee Youngsoft, Inc. In two issues, Innovate argues the trial court erred by concluding its claims were barred by a limitation of liability provision contained in the parties’ agreement and that the evidence was insufficient to support t... More...   $0 (11-19-2013 - TX)

Easytel Communications, Inc. v. Shewood Construction, Inc.

Easytel Communications, Inc. sued Shewood Construction, Inc. and Morrison Construction Company, Inc.

Issue # 1. Issue: INDEBTEDNESS (INDEBT) Filed by: EASYTEL COMMUNICATIONS INC Filed Date: 02/23/2011 Party Name: Disposition Information: Defendant: SHERWOOD CONSTRUCTION COMPANY INC Disposed: DISMISSED - WITH PREJUDICE, 10/31/2013. Other. Defendant: LUNSFORD CONSTRUCTION COMPANY IN... More...
   $0 (11-14-2013 - OK)

Rebecca Floyd-Tunnell v. Shelter Mutual Insurance Company

Rebecca Floyd-Tunnell and Doris Floyd ("Appellants") appeal the circuit court's grant of summary judgment in favor of Shelter Mutual Insurance Company ("Shelter") on their claim to recover up to the uninsured motorist ("UM") coverage limits on two insurance policies for the wrongful death of Jerry L. Floyd. The court determined that a partial exclusion in both policies limits Shelter's liability f... More...   $0 (11-12-2013 - MO)

Ronald Winter v. Muntazir Mustafa Datto

Ronald Winter sued Muntazir Mustafa Datto, GEICO Indemnity Company and Enterpr4ise Leasing Company of Oklahoma on auto negligence theories claiming:

1) On NOVEMBER 9, 2012, the Defendant operated a motor vehicle that was involved in a collision with an automobile operated by the Plaintiff. (The “collision”)

2) The collision happened at or near 9TH and SHERIDAN ROAD in the city of... More...
   $1 (11-08-2013 - OK)

Rachael Williams v. Tommy Ward Ihrig and GEICO Indemnity Company

Rachael Williams sued Tommy Ward Ihrig and GEICO Indemnity Company on auto negligence theory claiming:

1. That the Plaintiff is a resident ofTulsa County, State of Oklahoma; that Defendant, TOMMY WAR]) IHRIG, is a resident of Tulsa County, State of Oklahoma; and, that Defendant, GEICO INDEMNITY COMPANY, is an insurance company organized and existing under the laws of the State of Maryland... More...
   $20500 (11-06-2013 - OK)

Eusebio Vejil v. Rosita Vejil

This appeal arises from a motion filed by Rosita Vejil pertaining to the division of a debt in a decree of divorce. Eusebio Vejil raises numerous issues relating to the trial court’s order on Rosita’s motion; however, this court is only permitted to address those issues which are ripe for our consideration. In ruling on Rosita’s motion, the trial court denied Rosita’s motion to enforce and... More...   $0 (11-06-2013 - TX)

Florentino Garza d/b/a Tino's Auto Mart v. Ford Motor Company

In 2008, Luis Aguilar died when a vehicle fell from a car jack and landed on him. Aguilar’s estate and survivors sued Ford Motor Company and Florentino Garza, a used car dealer doing business as Tino’s Auto Mart.1 The trial court rendered a directed verdict in Garza’s favor and, following a jury trial, a take-nothing verdict was rendered in favor of Ford. At the directed verdict

1 T... More...
   $0 (11-06-2013 - TX)

Ronald C. Drake v. Walgreens Home Care

Ronald C. Drake sued Walgreens Home Care on a products liability claiming:

1. On May 6, 2010, in Moore, Cleveland County, Oklahoma, Plaintiff Ronald C.
Drake was using a rolling walker delivered to him by Defendant, Waigreen’s Home Care, whereupon suddenly and without warning, the wheel assembly fell apart causing him to
fall resulting in serious injuries to his left leg and bac... More...
   $0 (10-31-2013 - OK)

Svetlana B. Poplin v. Amerisure Insurance Company

This is a worker’s compensation case. Appellant Svetlana Poplin appeals from the trial court’s order granting summary judgment in Appellee Amerisure Insurance Company’s favor. We affirm.

2

BACKGROUND

Poplin’s husband, James Poplin, worked as an air conditioning technician for Air Performance Service, Inc. Poplin’s petition alleges that, on June 25, 2006, James worked... More...
   $0 (10-31-2013 - TX)

Avimael Martinez v. Tyson Foods, Inc. v. Routh Enterprises, Inc.

Muskogee County, OK - Avimael Martinez sued Tyson Foods, Inc. which sued Routh Enterprises, Inc. on a negligence personal injury theory.

9/04/2013 92 MOTION for Summary Judgment and Brief in Support by Tyson Foods, Inc.. Responses due by 9/18/2013 (With attachments)(McDaniel, A.) (Entered: 09/04/2013)

09/17/2013 93 RESPONSE to Motion (Re: 92 MOTION for Summary Judgment and Brie... More...
   $0 (10-30-2013 - OK)

Jonathan Ritchie v. United States of America

In this appeal, we again confront the much-maligned Feres doctrine, which immunizes the United States from liability for tort claims arising out of activities incident to military service. Feres v. United States, 340 U.S. 135 (1950).

As with most of our Feres jurisprudence, the claims at issue arise from personal tragedy: the premature birth—and immediate death—of Jonathan Ritchie’s i... More...
   $0 (10-24-2013 - HI)

Mave Enterprises, Inc. v. The Travelers Indemnity Company of Connecticut

In this case, an insured filed a bad faith action against its insurer in the Los Angeles Superior Court. After spending a substantial amount of time litigating the case in the superior court, the parties stipulated to have their disputes resolved through binding arbitration. The terms of the stipulation were placed on the record, and the superior court retained jurisdiction, requiring the parties ... More...   $0 (10-23-2013 - CA)

In re the Marriage of Anna and Clark Woolsey

In this marital dissolution case, appellant Clark Woolsey persuaded respondent Anna Woolsey to participate in a church-sponsored reconciliation session that turned into a mediation1 of issues regarding division of property, support, and custody of their two children. The mediation resulted in a marital settlement agreement that divided the community property, permanently waived Anna‘s2 entitleme... More...   $0 (10-22-2013 - CA)

Baptist Village Retirement Communities of Oklahoma, Inc. v. Innovative Engineering Group, LLC

Baptist Village Retirement Communities of Oklahoma, Inc. sued Innovative Engineering Group, LLC, O'Connor Company, Inc., Mitsubishi Electric and Electronics USA, Inc., Wynn Construction Co., Inc. and Air Comfort, Inc. on breach of contract theories alleging:

1. Plaintiff, Baptist Village Retirement Communities of Oklahoma, Inc., (“BVRXZ”) is a corporation operating a retirement commun... More...
   $0 (10-21-2013 - OK)

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AK Morlan
Kent Morlan, Esq.
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