Indemnity Law
 
Christine E. Reule v. Colony Insurance Company

In thirteen issues, Christine E. Reule argues the trial court erred by granting Colony Insurance Company’s motion for summary judgment disposing of all of Reule’s claims. We affirm.

I. BACKGROUND

In 1999, Reule purchased a unit in the Sherwood Valley I condominiums. All unit owners were members of the Sherwood Valley I Council of Co-Owners

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(“SVI”). As ... More...
   $0 (07-12-2013 - TX)

Rick Wolfe Roofing & Construction, Inc. v. Copperchase Condominium Owners' Association

Rick Wolfe Roofing & Construction, Inc. sued Copperchase Condominium Owners' Association on a breach of contract theory claiming:

1. That Wolfe is an Oklahoma Corporation doing business in the State of Oklahoma; that the Defendant, CCOA, is an Oklahoma Domestic Not for Profit Corporation doing business in the State of Oklahoma; and that the cause of action herein complathcd of arose in Okla... More...
   $0 (07-11-2013 - OK)

Sheryl Schmidtberger v. Medridge Corporation

Sheryl Schmidtberger sued Medridge Corporation, Charles Smith, Empire Indemnity Insurance Company and State Farm Mutual Insurance Company on auto negligence theories claiming:

1. At all times mentioned herein, and at present, Plaintiff is a resident of Arkansas City, Cowley County, Kansas.

2. At all times mentioned herein, and at the present, Defendant MedRide Corporation, is an Okla... More...
   $1321 (07-11-2013 - OK)

Peerless Indemnity Insurance Company v. Robbin W. Frost

Dr. Robbin Frost, a licensed podiatrist, was driving alone in her husband's Pontiac Bonneville when she was severely injured in a collision caused by an underinsured motorist. So far, she has collected $250,000 in insurance proceeds; she seeks further payment from Peerless Indemnity Insurance Co. and Peerless Insurance Co. (together, "Peerless"), who issued business owner's and excess/umbrella po... More...   $0 (07-10-2013 - ME)

CMA-CGM (America), INC v. Empire Truck Lines, INC

Appellant CMA-CGM (America) Inc. appeals the trial court’s final summary judgment order. We affirm.

BACKGROUND

In October of 2003, while Hector Aguirre (a Texas resident) was working as an independent truck driver for appellee Empire Truck Lines, Inc. (a Texas corporation), he was directed by Empire to transport cargo from Longview, Texas to the Port of Houston. At the Port, he... More...
   $0 (07-09-2013 - TX)

Scott Boling v. Shadow Mountain Behavioral Health System, LLC

Scott Boling sued Shadow sued Mountain Behavioral Health System, LLC, UHS of Delaware, Inc., University Health Services, Inc.and Liliana Cardona on negligence theories claiming:

1. Plaintiffs are residents of Tulsa, Tulsa County, State of Oklahoma.

2. Defendant Liliana Cardona is a resident of Tulsa, Tulsa County, State of Oklahoma.

3. Defendant Shadow Mountain is a foreign li... More...
   $1 (07-06-2013 - OK)

Maria Cornelius v. Eren Pierce

Maria Cornelius sued Eren Pierce, Steven E. Hale and Oklahoma Custom Courier, LLC on auto negligence theories claiming:

1 That the Plaintiff is a resident of Tulsa County, State of Oklahoma, that Defendant, EREN L PIERCE, is a resident of Tulsa County, State of Oklahoma, that Defendant, STEVEN E HALE, is a resident of Tulsa County, State of Oklahoma; and that Defendant, OKLAHOMA CUSTOM CO... More...
   $1 (07-04-2013 - OK)

GEICO General Insurance Company v. Virtual Imaging Services, Inc.

The issue presented to the Court is whether the Medicare fee schedules set forth in section 627.736(5)(a), Florida Statutes (2008), authorized an insurer to limit reimbursements for medical services rendered to an insured without giving notice in the insurance policy of the insurer’s election to use the Medicare fee schedules as the basis for calculating reimbursements.1

_________________... More...
   $0 (07-03-2013 - FL)

Cynthia Trankel v. Ryck Lynn Wilson

Cynthia Trankel sued Ryck Lynn Wilson on an auto negligence theory claiming:

1. Plaintiff, Cynthia Trankel is an individual residing in the City of Tulsa, Tulsa County, Oklahoma,

2. Defendant, Ryck Wilson is an individual residing in the City of Tulsa, Tulsa County, Oklahoma.

3. All acts complained of herein occurred in Tulsa County, Oklahoma.

4. This Court has... More...
   $1 (07-03-2013 - OK)

Ross Ford v. Peggy Gary

Ross Ford sued Peggy Gary and James P. Zink on auto negligence theories claiming that he was injured and/or damaged in a care wreck caused by Gary and Zink.

Plaintiff claimed:

On March 27, 2007, a motorcycle driven by Officer Ross Ford (hereinafter, “Plaintiff’) collided into the side of the Defendant Peggy Gary’s car, which pulled out from the stop sign at Lakewood and wa... More...
   $0 (06-30-2013 - OK)

Erie Insurance Exchange v. Erie Indemnity Company

We are asked to determine whether this case is a class action that belongs in federal court under the Class Action Fairness Act of 2005, Pub. L. No. 109-2, 119 Stat. 4 (“CAFA”). Erie Insurance Exchange (“Exchange”) filed suit against its attorney-in-fact, Erie Indemnity Co. (“Indemnity”), in Pennsylvania state court, alleging that Indemnity misappropriated over $300 million in fees tha... More...   $0 (06-28-2013 - PA)

Automax Hyundai South, L.L.C. v. Zurich American Insurance Company

Automax Hyundai South, a car dealership in Oklahoma City, Oklahoma, filed suit against its insurer, Zurich American Insurance Co., for Zurich’s refusal to defend Automax in a lawsuit. The underlying lawsuit involved two aggrieved customers who brought claims against Automax relating to a car purchase they had made. The customers won a sizable judgment in Oklahoma state court. The district court ... More...   $0 (06-26-2013 - OK)

Terry Tsafatinos v. Family Dollar Stores of Florida, Inc.

Terry Tsafatinos and Sigma TAF Management, Inc., appeal the trial court's order dismissing Mr. Tsafatinos' third-party claims for common law indemnity and for breach of contract against Family Dollar Stores of Florida, Inc. We affirm in part and reverse in part.

I. Background

Family Dollar Stores of Florida, Inc. (Family Dollar), leased its business premises from Terry Tsafatinos, in... More...
   $0 (06-21-2013 - FL)

Gonzalez v 40 W. Burnside Ave. LLC

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered August 11, 2011, as amended by order entered May 16, 2012, which granted defendants-respondents' (collectively, the owners) motion to dismiss the complaint as against them and denied plaintiff's cross motion for leave to depose nonparty James Reilly, unanimously reversed, on the law, without costs, the motion denied, the cross motion gra... More...   $0 (06-20-2013 - NY)

Series AGI West Linn v. Robert Eves

Robert Eves appeals from the Judicial Council form AT-120 Right to Attach Order and Order for Issuance of Writ of Attachment. The appeal presents a single issue, one that appears to be an issue of first impression, not only in California, but in the entire country: If a surety specifically excludes a specified asset from a continuing guaranty, are the proceeds from the sale of that asset still exc... More...   $0 (06-14-2013 - CA)

Patrick Langevin v. Allstate Insurance Company

[¶1] Patrick and Cora P. Langevin appeal from the entry of a summary judgment in the Superior Court (Cumberland County, Warren, J.) in favor of Allstate Insurance Company on the Langevins’ reach and apply action, brought pursuant to 24-A M.R.S. § 2904 (2012). The Langevins argue that the court erred in determining that a homeowners insurance policy issued by Allstate to Charles Johnson did not... More...   $0 (06-04-2013 - ME)

Carol A. Douglas v. Cox Retirement Properties, Inc.

¶1 On April 2, 2009, Richard Douglas was admitted to the Defendant's rehabilitative care center for extended care. Douglas remained at the facility for approximately 21 days and was discharged on April 23, 2009. He died a short time later on May 12, 2009. The decedent's estate filed a wrongful death action in Tulsa County against the Defendant, alleging Douglas died as a result of the facility's ... More...   $0 (06-04-2013 - OK)

Phillip Taylor v. Ossur North America

Phillip Taylor sued Ossur North America, Eastern Oklahoma Orthopedic Center, Inc. and St. Francis Health System, Inc. on products liability theories.

This case involves a product liability claim for a defective prot surgical knee brace manufactured by Ossur North America.

Ossur North America appeared and answered as follows:

1. Defendant, Ossur North America admits th... More...
   $0 (06-04-2013 - OK)

Mehdi Ali v. Federal Insurance Company

This insurance case raises two issues. First, we consider our appellate jurisdiction. Although we usually may not review voluntary dismissals of claims or denials of motions for summary judgment, this case presents the unusual situation in which we are asked to review the voluntary

3

dismissal of a claim following the denial of a motion for summary judgment. Our review is appropriate... More...
   $0 (06-04-2013 - NY)

Brittany Wiley-Anierobi v. James O'Keeffe

Brittany Wiley-Anierobi sued James O'Keeffe and GEICO Indemnity Company claiming:

1. On April 23, 2010, at about 10:15 p.m., Plaintiff Brittany Wiley-Anierobi (“Plaintiff”) was driving her vehicle south on University Blvd at the intersection of University Blvd and Main Street in Norman, Oklahoma, Cleveland County.

2. Defendant James Okeeffe C’Defendant Okeeffe”) was traveling... More...
   $0 (05-31-2013 - OK)

Nathan O'Dell v. Melissa West

Nathan O'Dell sued Melissa West and GEICO Indemnity Company on auto negligence theories claiming:

1. On November 8, 2010, there was a collision in Cleveland County, Oklahoma, involving a vehicle driven by Defendant Melissa West and a vehicle driven by Plaintiff

2. Said collision was caused by Defendant’s negligence of making an improper left turn and inattentive driving, causin... More...
   $0 (05-31-2013 - OK)

State of Oklahoma v. Robyn N Williams, CA-12-583

OK City, OK - State of Oklahoma v. Robyn N Williams, CA-12-583:


Count # 1. Count as Filed: OWN, MAKING A FALSE DECLARATION OF OWNERSHIP TO A PAWNBROKER, in violation of 59 O.S. 1512(C)(2)
Date of Offense: 11/22/2011


Party Name

Disposition Information

WILLIAMS, ROBYN N Disposed: DEFERRED, 02/16/2012. Guilty Plea
Count as Disposed: MAKING A F... More...
   $0 (05-28-2013 - OK)

Safeco Insurance Company of Illinois v. Adrian Fridman

Safeco appeals from an adverse final judgment in a lawsuit for uninsured/underinsured (UM) benefits brought by its insured, Adrian Fridman. Prior to trial, Safeco tendered payment to the insured for the UM policy limits of $50,000 and filed a “Confession of Judgment” and a “Motion for Entry of Confession of Judgment.” Despite the fact that Safeco’s tender of policy limits and confession ... More...   $0 (05-24-2013 - FL)

Ronnie and Tammy Lanier v. Eastern Foundations, Inc.

Ronnie and Tammy Lanier were injured in an on-the-job accident when a dump truck hit their tractor-trailer. The Laniers sued the driver, David Allen Beavers; Beavers’s employer, Choice Drivers; and the company Beavers was driving for, Eastern Foundations, Inc. A jury returned a verdict in the Laniers’ favor, awarding $131,000 in past damages to Ronnie and $38,550 in past damages to Tammy. The ... More...   $0 (05-24-2013 - TX)

Jerrold L. Cross v. David W. Olsen

¶1 Plaintiffs Lake Forest Properties LLC and Colco Development, Inc. (Lake Forest) appeal the trial court’s grant of summary judgment in favor of Defendants David W. Olsen and Hearthstone Development, Inc. (collectively, Defendants). We reverse and remand for further proceedings.1

______________________

1. We also vacate our earlier order sealing the record and briefs filed in thi... More...
   $0 (05-23-2013 - UT)

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AK Morlan
Kent Morlan, Esq.
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