Wendy Rutherford Branham appeals a summary judgment granted in favor of State Farm Lloyds. The trial court concluded that State Farm Lloyds had no duty to defend or indemnify Branham in relation to a claim against her for misrepresentations she allegedly made in selling her home. On appeal, Branham asserts the trial court erred in granting the summary judgment because: (1) State Farm Lloyds had a ... More...   $0 (09-14-2012 - TX)

This is a suit by two companies against the insurance agent and agency that procured their insurance from 1991 to 1994. The insured companies asserted that the agent sold them insurance in Texas from a non-admitted carrier without the license and training to do so. They further maintained that one of their insurers became financially unstable, and that the agent’s failure to disclose this lack o... More...   $0 (09-13-2012 - TX)

2 In this employment age discrimination action, ORS 659A.030, plaintiff
3 appeals from a general judgment of dismissal, ORCP 21 A, that was predicated on
4 plaintiff's failure to follow the alternative dispute resolution procedure prescribed in his
5 employee handbook. Plaintiff contends that the prescribed grievance and arbitration
6 procedure is unenforceable for three reasons: (... More...   $0 (09-12-2012 - OR)

In 1980 Pacific Employers Insurance Company (―PEIC‖) purchased a certificate of reinsurance (the ―Certificate‖) from Constitution Reinsurance Corporation (―Constitution‖), the predecessor of Global Reinsurance Corporation of America (―Global‖). In this case, one sentence from that Certificate stands in the spotlight. That sentence reads, ―As a condition precedent, the Company [i.... More...   $0 (09-11-2012 - PA)

GEICO Casualty Company sued Bill Eisenhour Funeral Homes, Inc., Alderwoods Group, LLC, Alderwoods Oklahoma, Inc. and Service Corporation International claiming:

1. Eisenhour is an Oklahoma corporation that does business in Cleveland County, Oklahoma.

2. Eisenhour is a wholly-owned subsidiary of Aldrwoods Oklahoma.

3. Alderwoods Oklahoma is an Oklahoma corporation that does bu... More...   $0 (09-10-2012 - OK)

Allicea Roberts, a minor by and through her mother and next friend, Diane Roberts, and by and Through her father and next friend, Steve Roberts sued Stephanie Hill and Zachary Endress on auto negligence theories claiming:

1. That the Plaintiff, Allicea Roberts is a resident of Cleveland County, State of Oklahoma.

2. That the Defendant, Stephanie Hill, is a resident of Oklahoma County... More...   $0 (09-10-2012 - OK)

Walter Gene Povlick sued Maxum Indemnity Company, Maxum Casualty Insurance Company, Maxum Indemnity Company, Maxum Specialty Insurance Company on a breach of contract, bad faith, theory claiming:

I. The Plaintiff is a citizen of Oklahoma residing in Tulsa County, Oklahoma.

2. Defendants Maxum Indemnity Company and Maxum Casualty Insurance Company (collectively “Maxum”), are f... More...   $1 (09-08-2012 - OK)

Ronald Jerrols, Cedric Williams, and Jaime Luna sustained serious injuries in a traffic accident while they were returning to work from a restaurant after eating lunch. This appeal focuses on whether Jerrols, Williams, and Luna (also referred to collectively as the “claimants”) were in the course and scope of their employment under the Texas Labor Code when these injuries occurred. Material fa... More...   $0 (09-06-2012 - TX)

Heath Underwood sued Vikki Mae Calvert on an auto negligence theory claiming to have been injured in a car wreck caused by Calvert.

Plaintiff also sued Empire Indemnity Insurance Company on an under insured/uninsured motorist insurance policy liability theory.... More...   $0 (09-04-2012 - OK)

There are two corporate Fluors involved in this writ proceeding. We consider whether one Fluor corporation can assign its rights under several liability insurance policies to another Fluor corporation as a result of a complex corporate restructuring. The liability insurer objects based on the Fluors‟ failure to secure its approval under the consent-to-assignment clauses in the insurance policies... More...   $0 (08-30-2012 - CA)

2 Plaintiff appeals a judgment that dismissed his claims against defendants on
3 summary judgment after the trial court concluded that ORS 701.131(1) barred him from
4 commencing an action against them to recover compensation allegedly owed him for his
5 work under a construction contract. We affirm.
6 Defendants contracted to pay plaintiff $286,271 to construct a residence.
7 ... More...   $0 (08-29-2012 - OR)

On April 21, 2005, a Union Pacific Railroad Co. train derailed in Oklahoma causing extensive damage to both the railroad and the train’s cargo. Kawasaki Kisen Kaisha, Ltd. (“Kawasaki”), “K” Line America, Inc. (“KAM”) (collectively “K-Line”), and Union Pacific Railroad Co. (“Union Pacific”) (collectively “appellants”) blame Plano Molding Co. (“Plano”) for the derailmen... More...   $0 (08-29-2012 - IL)

The question in this case is whether, pursuant to the proviso set forth in General Statutes § 31- 294c (a), the one year or the two year filing period applies to a dependent’s claim for workers’ compensation benefits when an employee suffers a work-related accident and dies on the same day. The defendants, Asbury Automotive Group/David McDavid Acura (Asbury) and its insurer, Travelers Indemni... More...   $0 (08-28-2012 - CT)

Appellant, Houston Auto M. Imports North, Ltd., formerly known as Houston Auto Imports North, Ltd. (“Houston Auto”), challenges the trial court’s judgment, entered after a bench trial, in favor of appellee, R&A Harris South, L.P. (“R&A Harris”), awarding declaratory relief and damages for breach of contract and attorney’s fees. In eight issues, Houston Auto contends that the evidence i... More...   $0 (08-23-2012 - TX)

Petitioner Allen Entin owned two disability income insurance policies. In 2009, Entin filed a claim asserting that migraine headaches had rendered him totally disabled. Entin‟s insurer, respondent Provident Life and Accident Insurance Company, agreed to pay Entin benefits while investigating his claim. At the conclusion of its investigation, Provident filed a declaratory relief action seeking a ... More...   $0 (08-20-2012 - CA)

Rhonda Dowling, individually and on behalf of others similarly situated, appeals the dismissal of her class action and individual complaint against Farmers Insurance Exchange (Farmers). The trial court concluded that the five-year period to bring the action to trial (Code Civ. Proc., § 583.310) expired on June 17, 2010, pursuant to the parties‟ written stipulation. The court therefore granted F... More...   $0 (08-20-2012 - CA)

The motion for rehearing filed by appellee The Lynd Company is granted. This court’s opinion and judgment dated April 25, 2012 are withdrawn, and this opinion and judgment are substituted.

This appeal involves issues arising out of a summary judgment proceeding and a bench trial on damages, statutory interest, and attorney’s fees. The key issue on the summary judgment is whether a mat... More...   $0 (08-17-2012 - TX)

Jay Miller & Sundown, Inc. (“Sundown”) appeals the summary judgment granted in favor of Camp Dresser & McKee Inc. (“CDM”) on the ground that Sundown’s claim for tortious interference with contract was barred by the statute of limitations. Sundown argues that the statute of limitations was not available to CDM as a defense because CDM was properly joined in the action as a responsible thi... More...   $0 (08-15-2012 - TX)

Zachry Construction Corporation (Zachry) sued the Port of Houston Authority of Harris County, Texas (the Port) for breach of contract arising from the Bayport Terminal Complex Phase 1A Wharf and Dredging Contract. Following a three-month jury trial, the trial court entered a final judgment, awarding Zachry damages in the amount $19,992,697, plus pre- and post-judgment interest. The Port appeals th... More...   $0 (08-09-2012 - )

¶1 Plaintiff Apache Tribe of Oklahoma appeals from an order of the trial court granting summary judgment in favor of John H. Graves. Pursuant to Supreme Court Rule 1.36, 12 O.S.2011 ch. 15, app. 1, we review this record without appellate briefing. After review, we conclude that genuine issues of material fact remain precluding the entry of summary judgment. Accordingly, we reverse and remand... More...   $0 (08-04-2012 - OK)

We hold there is substantial evidence to support the finding that appellant was not covered by liability insurance in connection with claims brought against her by tenants of an apartment building that she co-owned. We also hold that in connection with the insurer‟s action against appellant and others to recover the costs of settling those claims, there is substantial evidence to support the tri... More...   $0 (08-03-2012 - CA)

COMES NOW the Plaintiff, Diana Conner, and for her cause of action against the Defendants David Plante and Precision Pipeline Services, LLC, states as follows:

1. On or about the 2nd day of April, 2011, near the City of Nonnan, Cleveland County, State of Oklahoma, the Defendant David Plante negligently caused his vehicle to collide with a vehicle in which Plaintiff was a passenger.

2... More...   $0 (08-03-2012 - OK)

Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post (“Post”) against his legal malpractice insurer, St. Paul Travelers Insurance Company (“Travelers”), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now app... More...   $0 (07-31-2012 - PA)

Appellant, R&R Marine, Inc. challenges the trial court‟s rendition of partial summary judgment in favor of Max Access, Inc.1 and the trial court‟s order granting Max Access‟s Motion to Sever and Enter Judgment. We reverse the trial court‟s order partially granting summary judgment and order granting the motion to sever and enter judgment and remand this case to the trial court for further ... More...   $0 (07-26-2012 - TX)

General Star Indemnity Company (“General Star”) seeks certiorari review of an order overruling its objections to discovery of materials concerning its business practices and policies. We grant the petition and quash the order.

General Star issued a commercial property insurance policy to Atlantic Hospitality of Florida, LLC (“Atlantic”). Hurricane Charlie damaged Atlantic’s proper... More...   $0 (07-25-2012 - FL)