Indemnity Law
 
Jynell Cowett v. Guangzhou Wanbao Refrigerator Company

Liberty Mutual Insurance Company and Jynell Cowett sued Guangzhou Wanbao Refrigerator Company, Whirlpool Corporation, CNA International and MC Appliance Corporation on products liability and indemnity theories.

The claims made and defenses asserted are not available.... More...
   $1 (11-30-2011 - OK)

Erik E. Lang v. Warren W. Roche

Do principles of equity and fairness permit the redemption of property purchased by a judgment creditor at an invalid execution sale, though the statutory scheme characterizes execution sales as “absolute”? The answer is yes. Equitable redemption is available to those whose fundamental rights have been trampled. Citizens may not be dispossessed of their property by a “creditor” executing o... More...   $0 (11-29-2011 - CA)

Cambridge Mutual Fire Insurance Company v. John A. Sakon

The defendant John A. Sakon1 appeals from the summary judgment rendered by the trial court in favor of the plaintiff, Cambridge Mutual Fire Insurance Company. On appeal, the defendant argues that the court erroneously determined that the plaintiff owed no duty to defend or to indemnify the defendant by concluding that (1) the business exclusion of the homeowner’s insurance policy issued by the p... More...   $0 (11-27-2011 - CT)

Rethell Byrd Chandler v. Geico Indemnity Company

Petitioners seek review of the decision of the First District Court of Appeal in Geico Indemnity Co. v. Shazier, 34 So. 3d 42 (Fla. 1st DCA 2010), on the basis that it conflicts with the decisions of this Court in Susco Car Rental System of Florida v. Leonard, 112 So. 2d 832 (Fla. 1959), and Roth v. Old Republic Insurance Co., 269 So. 2d 3 (Fla. 1972). In Shazier, the district court resolved a que... More...   $0 (11-23-2011 - FL)

Linear Technology Corp. v. Tokyo Electron, Ltd.

After a jury trial, appellant Linear Technology Corporation (Linear) lost its suit for breach of statutory warranty against respondents Novellus Systems, Inc. (Novellus) and Tokyo Electron Ltd (TEL). Linear's motion for judgment notwithstanding the verdict was unsuccessful, and the trial court awarded respondents attorney fees. Linear appeals from both the judgment and the postjudgment order, cont... More...   $0 (11-22-2011 - CA)

Kennedy Development Company, Inc. v. Camp

We granted certiorari to examine whether the “anti-indemnity” statute found at OCGA § 13-8-2 (b) applies to invalidate an indemnification clause within an assignment and assumption agreement transferring responsibility for the management and operation of a newly developed subdivision to its homeowners’ association. See Newton’s Crest Homeowners’ Ass’n v. Camp, 306 Ga. App. 207 (702 SE... More...   $0 (11-21-2011 - GA)

Barry Wallman v. Benjamin Suddock

Plaintiffs/appellants appeal the denial of their motions for summary judgment and the grant of defendants/respondents‟ motions for summary judgment. We conclude that defendants were entitled to summary judgment, and thus we affirm.

FACTUAL AND PROCEDURAL HISTORY

Plaintiffs Barry Wallman, Stan Wallman, and Nancy Wallman (the Wallmans) are general partners of plaintiff Sea Val Enterp... More...
   $0 (11-17-2011 - CA)

Charles H. Dise v. Express Marine

Appellant Charles H. Dise (“Dise”) filed this maritime action to recover for injuries he sustained when a skiff piloted by him and owned by his employer, Appellee Express Marine, Inc. (“EMI”), allided with a bridge piling, and as a result of allegedly negligent medical treatment he received at the University of South Alabama Medical Center (“USA Medical”) in the wake of the allision. D... More...   $0 (11-17-2011 - AL)

Bernard D. Boroski v. Dyncorp Internation

This is a case of statutory construction. The question presented by this appeal under the Longshore and Harbor Workers’ Compensation Act (the “LHWCA” or the “Act”), as amended, 33 U.S.C. §§ 901-950 (2006), is which date — the date on which disability occurred, or the date on which the injured employee was awarded benefits for such disability — determines the maximum weekly rate of ... More...   $0 (11-16-2011 - FL)

In the Matter of Randy Raynor v. Landmark Chrysler

In this dispute between an employee (claimant) and his employer and its workers' compensation insurance carrier (the carrier), we are asked to interpret Workers' Compensation Law §§ 27 (2) and 15 (3) (w) amended by the Laws of 2007, as they relate to an award for a non-scheduled permanent partial disability made after the effective date for an injury sustained years earlier.

We conclude t... More...
   $0 (11-15-2011 - NY)

Luke Roth v. J.J. Brouk & Company Corporation

J.J. Brouk & Company (Employer) and its insurer appeal the order of the Labor and Industrial Relations Commission denying their motion to approve a structured settlement with the family of deceased employee Luke Roth.1 We reverse and remand.

Background

Luke Roth was exposed to asbestos while working for Employer between 1972 and 1976. He later developed lung cancer and died in 2002. ... More...
   $0 (11-15-2011 - MO)

Peter R. Genovese, M.D. v. Provident Life and Accident Insurance Company

This case is before the Court for review of the decision of the Fourth District Court of Appeal in Provident Life & Accident Insurance Co. v. Genovese, 943 So. 2d 321 (Fla. 4th DCA 2006). In its decision the district court ruled upon the following question that the court certified to be of great public importance:

DOES THE FLORIDA SUPREME COURT’S HOLDING IN ALLSTATE INDEMNITY CO. V. RUIZ,... More...
   $0 (11-10-2011 - FL)

Korey Currie v. Wisconsin Central, Ltd.

¶ 1 Plaintiff, Korey Currie, is appealing the decision of the circuit court which granted
defendant’s motion to dismiss plaintiff’s complaint based on res judicata. The trial court
found that the claims were precluded by the federal class action decree in Barnes v. Canadian
National Railroad, No. 04-1249, Final Approval Order (N.D. Ill. Jan. 7, 2010) (Barnes class
action).
... More...
   $0 (11-10-2011 - IL)

David Adams v. Timothy King d/b/a T.K. Stucco

This is the third appeal from a dispute between the victims of an automobile accident, David, Landon, and La Crysta Adams (collectively “Victims”), and the Victims’ insurance carrier, Shelter Mutual Insurance Co. (“Appellant Insurance Carrier”), over the uninsured motorist coverage in Victims’ policies. In the first appeal, we found that under Appellant Insurance Carrier’s policies, ... More...   $0 (11-09-2011 - MO)

Christopher E. Johnson v. Connecticut Insurance Guaranty Association

The plaintiffs, Christopher E. Johnson, individually and in his capacity as administrator of the estate of Debra L. Johnson, his deceased wife, brought the present declaratory judgment action seeking, inter alia, a determination that certain medical malpractice claims that they had asserted in an action against the defendant Middlesex Obstetrics and Gynecology Associates, P.C. (Middlesex), were co... More...   $0 (11-07-2011 - CT)

David Tarbet v. J.R. Simplot Company

This is an appeal by the employer from the decision of the Industrial Commission holding that the employee’s final injury caused him to be permanently and totally disabled, without considering his prior injuries, so that the employer, rather than the Industrial Special Indemnity Fund, is liable for the employee’s total disability payments.

I.

Factual Background

David Tarbe... More...
   $0 (11-02-2011 - ID)

Harris, Inc. v. Foxhollow Construction & Trucking, Inc.

This case involves an action for breach of contract and attendant claims of breach of the covenant of good faith and fair dealing, unjust enrichment, fraud, and indemnification. After a bench trial, Harris, Inc. (Harris), the plaintiff, lost on all claims. We affirm the district court’s judgment, except for its attorney fee awards, which we vacate.

I.

BACKGROUND

In early 200... More...
   $0 (11-02-2011 - ID)

Kansas City University of Medicine and Biosciences v. Karen L. Pletz

While she was President and Chief Executive Officer of Kansas City University of Medicine & Biosciences (“KCUMB”), Appellant Karen Pletz came under investigation concerning allegations of excessive compensation and improper reimbursement of personal expenses. Although KCUMB initially advanced Pletz‟s legal expenses, it later terminated her employment and ceased the advance payment of her leg... More...   $0 (11-01-2011 - MO)

Allstate Property and Casualty Insurance Company v. Richard Mahoney

¶ 1 The defendants, Richard Mahoney and Tara Mahoney, appeal from the November 11, 2010,
order of the circuit court of Du Page County granting judgment in favor of the plaintiffs, Allstate
Property and Casualty Insurance Company, Allstate Insurance Company, and Allstate Indemnity
Company (collectively, Allstate), on their complaint for declaratory judgment. Allstate’s complaint
... More...
   $0 (11-01-2011 - IL)

Rose Acre Farms, Inc. v. Columbia Casualty Co.

The plaintiff, Rose Acre, the nation’s second-largest producer of eggs, has along with other egg producers been charged in a number of class action suits with conspiring to fix the price of eggs, in violation of section 1 of the Sherman Act. (It has been embroiled in antitrust litigation before, perhaps because it has been so successful. See A.A. Poultry Farms, Inc. v. Rose Acre Farms, Inc., 881... More...   $0 (11-01-2011 - IN)

AHS Wagoner Hospital, LLC dba Wagoner Community Hospital v. John Philip Perry, M.D.

AHS Wagoner Hospital, LLC dba Wagoner Community Hospital sued John Philip Perry, M.D., Med Staff Oklahoma, LLC and Phyllis J. Gowdy Hill on indemnity and contribution theories.

The specifics of the claims made and defense asserted are not available.... More...
   $1 (10-31-2011 - OK)

AG Care By Air, Inc. v. Tulsa Aircraft Engines, Inc.

AG Care By Air, Inc. sued Tulsa Aircraft Engines, Inc. which sued David Stewart on products liability, negligence, entrustment, spoliation and indemnity theories. Tulsa Aircraft Engines counterlciamed and sued David Stewart on contribution and indemnity theories.

The claims made and defenses asserted are not available.... More...
   $1 (10-31-2011 - OK)

Oklahoma Gas and Electric Company v. Rex Welch

Oklahoma Gas and Electric Company sued Rex Welch, Welch Roofing & Construction, Inc., Midwest Roofing, Inc. and Denis Thompson d/b/a Dinosaur Construction and Remodeling for contribution and indemnity under 63 O.S. 981 for allowing activity within six feet of a high-voltage electrical wire. Plaintiff alleged that O G & E settled an the claim made in Aaron Cody Hokanson v. Oklahoma Gas and Electric... More...   $3100000 (10-31-2011 - OK)

Kevin O'Connell v. Anthony Will

In 2002 Kevin O’Connell was awarded damages against Anthony and Paulette Will for the Wills’ failure to pay a promissory note. Under the attorney’s fee provision in the note, O’Connell was also awarded full attorney’s fees and costs. After O’Connell’s attorney engaged in post-judgment collection efforts, Anthony Will paid the judgment. In 2009 Anthony Will filed a request for an orde... More...   $0 (10-28-2011 - AK)

Kenneth Clark v. California Insurance Guarantee Association

Kenneth Clark appeals from a judgment in favor of the California Insurance Guarantee Association (CIGA). Clark had obtained a judgment in a personal injury action against the insured of a now-insolvent insurance company. CIGA paid the underlying damage award but not the costs or interest on the judgment. Clark filed this direct action against CIGA pursuant to Insurance Code section 115801 to recov... More...   $0 (10-28-2011 - CA)

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AK Morlan
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