Indemnity Law
 
Jay Dow v. Lassen Irrigation Company

This water rights case involves the interpretation of a decree in a stream adjudication and, more particularly, the interplay between the right to divert water to storage in a reservoir and the right to divert water for direct application to beneficial use.

2

The specific issue here is whether the trial court correctly interpreted a 1940 judgment and decree in an adjudication of the ... More...
   $0 (05-22-2013 - CA)

Diplomat Properties Limited Partnership v.l Tecnoglass

Appellant, Diplomat Properties, L.P. (“Diplomat”), appeals an order which dismissed all of its claims against the defendants, Tecnoglass USA, Inc., and Tecnoglass Colombia S.A., Inc. (collectively “Tecnoglass”). In this appeal, Diplomat challenges only the dismissal of its common law indemnity claim. We reverse.

Diplomat is the owner of the Westin Diplomat Resort and Spa (the “hot... More...
   $0 (05-22-2013 - FL)

Village Place, Ltd. v. VP Shopping, LLC

Village Place, Ltd. purchased the Village Shopping Center with a non-recourse promissory note secured by a deed of trust pledging the property as collateral. The deed of trust included provisions that under certain circumstances created exceptions to the non-recourse nature of the loan. Bob Yari guaranteed the

2

loan. When Village Place defaulted, VP Shopping, LLC (VPS), the notehold... More...
   $0 (05-21-2013 - TX)

City of Waterloo v. Tim Everett

This case involves the City of Waterloo’s efforts to be reimbursed under Iowa Code section 411.22 (2011) for its payment of medical expenses and temporary disability benefits on behalf of an injured police officer. The district court rejected the city’s indemnification claim to proceeds of the officer’s settlement of his tort claim against third parties. Because section 411.22 only contempla... More...   $0 (05-16-2013 - IA)

Pacificorp v. Simplexgrinnell, L.P.

2 Defendant SimplexGrinnell, LP, appeals a supplemental judgment and
3 money award denying its motion for attorney fees, litigation expenses, and other
4 reasonable costs. Plaintiff PacifiCorp brought this action alleging that defendant, while
5 performing electrical work for plaintiff's power plant, breached its contract to perform
6 fire inspection services, which caused property... More...
   $0 (05-15-2013 - OR)

Keith Marton v. Ater Construction Company, LLC

2 This case arises out of construction defects in plaintiffs' home. Plaintiffs
3 sued Ater Construction Company, LLC (Ater), the builder of the home. Ater, in turn,
4 filed a third-party complaint against a number of its subcontractors and suppliers,
5 including Marvin Windows, Inc. (Marvin), who manufactured the windows used on the
6 home, and Medallion Industries, Inc. (Medallion... More...
   $0 (05-15-2013 - OR)

Brecek & Young Advisors, Inc. v. Lloyd's of London Syndicate 2003

Defendant-Appellant Lloyds of London Syndicate 2003 (“Lloyds”) appeals the district court’s denial of its summary judgment motion and subsequent grant of summary judgment in favor of Plaintiff-Appellee Brecek & Young Advisors, Inc. (“BYA”) in an action arising out of a professional liability insurance contract. The district court concluded Lloyds failed to pay sufficient indemnity to BYA... More...   $0 (05-13-2013 - CO)

Dustin Dunkin v. Tod Fontenot

Dustin Dunkin, Alvain Estes and Anita Lynn Estes sued Tod Fontenot on an auto negligence theories claiming to have been injured as a direct result of a car wreck in Tulsa County, Oklahoma caused by Fontenot. The Plaintiffs also sued GEICO Indemnity Company on an uninsured / under insured motorist theory.

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

Defenda... More...
   $1 (05-12-2013 - OK)

United States of America v. Richard Jones and Ronald Mallay

2 Richard James and Ronald Mallay appeal from judgments
3 of conviction based on their participation in a wide-ranging
4 conspiracy that involved fraudulently obtained life insurance
5 policies for members of their extended families and others in the
6 Guyanese and Guyanese-American community, and, in several
7 instances, murder of the insured in order to collect on those
8... More...
   $0 (05-01-2013 - NY)

Columbia Casualty Co. v. Curtis W. McGhee

The City of Council Bluffs, police officers Daniel Larsen, Lyle Brown, and David Dawson (collectively the City), and Curtis McGhee appeal from the district court’s order granting summary judgment to Chicago Insurance Company (CIC) and Columbia Casualty Company (Columbia), on CIC’s and Columbia’s declaratory judgment claims concerning coverage under various insurance policies. We affirm as to... More...   $0 (04-30-2013 - IA)

United States of America v. Adley Abdulwahab

Adley H. Abdulwahab appeals his convictions and sentence for several crimes relating to an investment scheme that resulted in nearly $100 million in losses for investors. We reverse Abdulwahab’s convictions for money laundering but affirm the remainder of his convictions. Because we reverse the money laundering convictions, we vacate his sentence and remand for resentencing.

I.

Chr... More...
   $0 (04-30-2013 - VA)

Pilot Construction Services, Inc. v. Babe's Plumbing, Inc.

Pilot Construction Services, Inc. (Pilot), appeals a final summary judgment entered on its cross-claims against Babe's Plumbing, Inc. (Babe's), in litigation initiated by New College against Pilot and Babe's.1 In moving for summary judgment, Babe's

_______________________

1There were several other parties and claims involved in the lawsuit below, but claims were settled and parti... More...
   $0 (04-26-2013 - FL)

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

In this workers’ compensation appeal, Claimant challenges an order of the Judge of Compensation Claims (JCC) that denies in part Claimant’s claim for workers’ compensation benefits. Claimant argues the JCC erred by (1) improperly

2

shifting onto Claimant the burden to prove the compensable injury was the major contributing cause (MCC) of his disability and need for surgery; (2)... More...
   $0 (04-24-2013 - FL)

Anixter, Inc. v. Ratheon Company

¶1 Plaintiff-Appellant Anixter, Inc. (“Anixter”) appeals from the trial court’s judgment confirming an arbitration award in favor of Raytheon Company (“Raytheon”) and the denial of Anixter’s motion to vacate the award. For the following reasons, we affirm in part and modify in part.

FACTUAL AND PROCEDURAL HISTORY1

¶2 Anixter, a parts distributor, supplies parts to manuf... More...
   $0 (04-22-2013 - AZ)

Employers Mutual Casualty Company v. David Donnelly

This case arises out of a decision from the Bonner County district court in a case between Employers Mutual Casualty Company (EMC), David and Kathy Donnelly (Donnellys), and Rimar Construction, Inc. (RCI). In 2007, EMC brought a declaratory judgment action against the Donnellys and RCI to establish that under its policy of insurance with RCI, EMC had no duty or responsibility to pay damages claime... More...   $0 (04-19-2013 - ID)

Ismael Correa v. Whitney Reece

1. The claims alleged herein arose out of the Defendant Whitney Reece’s actions (specified hereinafter) within Oklahoma County. State of Oklahoma. Therefore, Plaintiffs believe this Court has jurisdiction and venue is proper in Oklahoma County, Oklahoma.

FACTUAL BACKGROUND

2. Paragraph I is incorporated by reference.

3. On or about 08/1/2010. Plaintiffs were injured by a veh... More...
   $0 (04-18-2013 - OK)

Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More...   $0 (04-18-2013 - FL)

Katherine Lees v. Carthage College

Katherine Lees began her freshman year at Carthage College in the fall of 2008. On September 21, 2008, she was sexually assaulted in her dorm room by two men she believed to be Carthage students. Lees withdrew from Carthage after the attack and eventually brought this negligence action against

2 No. 11-3061

the college and its insurer, Lexington Insurance Company (collectively, “Ca... More...
   $0 (04-16-2013 - WI)

Susie Strohm v. ClearOne Communications, Inc.

¶1 This case concerns a corporation‘s statutory and contractu-al duty to indemnify a corporate officer‘s criminal defense costs. Susie Strohm, the one-time CFO of ClearOne Communications, Inc., was charged with eight federal criminal counts relating to an investigation into certain accounting practices at ClearOne. She was later acquitted of all but one count. Strohm and her counsel, Dorsey, ... More...   $0 (04-09-2013 - UT)

State of Oklahoma v. Ivan Luis Rodriguez

The State of Oklahoma charged Ivan Luis Rodriguez with:

Count # 1. Count as Filed: DU8II, POSSESSION OF CONTROLLED SUBSTANCE, in violation of 63 O.S. 2-402
Date of Offense: 01/23/2013
Party Name Disposition Information
RODRIGUEZ, IVAN LUIS Disposed: DISMISSED, 04/08/2013. Dismissed by Court
Count as Disposed: POSSESSION OF CONTROLLED SUBSTANCE(DU8II)
Violation of ... More...
   $0 (04-08-2013 - OK)

James Luttrell v. Island Pacific Supermarkets, Inc.

James Luttrell (Luttrell) appeals from an amended judgment entered after a jury verdict and post-trial rulings in his personal injury action. He contends: (1) substantial evidence did not support the jury’s finding that he was five percent comparatively negligent in regard to a hip fracture he sustained at the respondent’s premises; (2) substantial evidence did not support the court’s ruling... More...   $0 (04-08-2013 - CA)

Gary Hammerstone v. Indiana Insurance Company

Gary Hammerstone (“Gary”), Susan Hammerstone (collectively “the Hammerstones”), together with Palmor Products, Inc. (“Palmor”), Northhampton Farm Bureau Cooperative Association (“Northhampton”), and Canns-Bilco Distribution, Inc. (“CBD”) (collectively “the Appellants”) appeal the trial court’s order granting summary judgment in favor of Indiana Insurance Company (“India... More...   $0 (04-08-2013 - IN)

Compsource Oklahoma v. Cameron Eugene Steward, III

1) That Plaintiff, CompSource Oklahoma (CompSource) is a quasi agency of the State of Oklahoma.

2) That Defendant, Cameron Eugene Steward, Ill is an individual whose address is 7529 North Owasso P1., Tulsa, Oklahoma 74126.

3) That on December 7, 2010, Sergey Dezhnyuk was injured in the City of Tulsa, Tulsa County, State of Oklahoma in an automobile accident caused by the negligen... More...
   $1 (04-04-2013 - OK)

Barbara Collins v. Navistar, Inc.

In this strict products liability case, we consider whether the criminal nature of a juvenile‘s act of throwing rocks and concrete from a freeway overpass relieves a truck manufacturer of the duty to design windshields capable of withstanding common road hazards, such as objects hitting windshields. For the reasons that follow, we conclude the criminal nature of the rock throwing does not cut of... More...   $0 (03-29-2013 - CA)

CVS Caremark Corporation v. Kristen Latour

In this workers’ compensation case, the Employer and Servicing Agent (E/SA) petition for a writ of certiorari to review an order denying their amended

2

motion for protective order. The E/SA contend that the order departs from the essential requirements of law by allowing Claimant to take the adjuster’s deposition in the county where this action is pending instead of the county w... More...
   $0 (03-28-2013 - FL)

Next Page

Find a Lawyer
Find a Case
AK Morlan
Kent Morlan, Esq.
Editor & Publisher