Employers Reinsurance Company v. Massachusetts Mutual Life Ins. |
ERICKSEN, District Judge. The primary issue in this appeal is whether a reinsurance agreement between Employers Reinsurance Company (“ERC”) and Massachusetts Mutual Life Insurance Company (“Mass Mutual”) contains a follow-the-settlements provision. Granting partial summary judgment in Mass Mutual’s favor, the district court2 concluded that it does. The district court also concluded that ... More... $0 (09-07-2011 - MO) |
Toni Hollinger v. Home State Mutual Insurance Company |
Plaintiffs, appellants and cross appellees Toni Hollinger, Bertha Johnson, Fernando Deluna, Norma Holder, Sandra Duplant, and Patricia Randolph, as class representatives (collectively “the Insured”), filed this class action case alleging violations of the Texas Insurance Code. The Insured allege insurance discrimination in the non-standard insurance market, which serves lower income individual... More... $0 (09-07-2011 - TX) |
David Feldman v. Illinois Union Insurance Company |
In this appeal plaintiff David Feldman seeks review of a summary judgment entered in favor of Illinois Union Insurance Company, which had declined to defend or indemnify Feldman or his company, ZF Micro Solutions, against a cross-action by a third party. Feldman contends that the superior court erroneously found no potential for coverage under the liability policy issued to him and ZF Micro Solut... More... $0 (09-06-2011 - CA) |
Merlin S. Campo v. Allstate Insurance Company |
Allstate Insurance Company (“Allstate”) appeals from the district court’s judgment after a bench trial awarding damages to Plaintiff-Appellee Merlin S. Campo. In its written opinion, the district court found that Allstate’s negligent misrepresentations caused Campo to fail to renew his flood insurance policy and awarded damages to Campo for the amount of insurance coverage he would have re... More... $0 (09-01-2011 - LA) |
Jerry Lloyd Martin v. Pacificare of California |
Plaintiffs Jerry Jay Martin, Jerry Lloyd Martin, Tressa Brown, and Lisa Vindell (collectively the Martins) appeal from a judgment the trial court entered after granting a nonsuit motion in favor of defendants PacifiCare of California doing business as Secure Horizons and PacifiCare Health Systems, LLC (collectively PacifiCare). In this insurance bad faith action, the Martins sued PacifiCare based ... More... $0 (08-31-2011 - CA) |
Mark Rotella v. Joan Cutting and Mid-Continent Casualty Company |
Appellants Mark Rotella Custom Homes, Inc. d/b/a Benchmark Custom Homes (“MRCH”) and Mark Rotella (collectively with MRCH, “Rotella”) and Cole & Cole, P.C., and Robert R. Cole, Jr. (collectively “Cole”) filed a motion for rehearing en banc. We deny the motion for rehearing en banc, but we withdraw our opinion of April 7, 2011, and substitute the following in its place. |
Dean F. Hatch v. Trail King Industries, Inc. |
A jury rejected both the negligence and the breach of the implied warranty of merchantability claims brought by the plaintiffs, Dean Hatch and his wife, after Hatch was severely injured at work and left paralyzed from his chest down. Hatch did not bring this suit against his employer, Advanced Drainage Systems, Inc. ("ADS"); it may be he was restricted to an exclusive workers' compensation remedy.... More... $0 (08-29-2011 - MA) |
State Farm Mutual Automobile Insurance Company v. Gilda Menendez |
State Farm Mutual Automobile Insurance Company seeks review of State Farm Mutual Automobile Insurance Co. v. Menendez, 24 So. 3d 809 (Fla. 3d DCA 2010), in which the Third District Court of Appeal determined that the household exclusion in State Farm‟s policy issued to Gilda Menendez is ambiguous and therefore could not be enforced to eliminate coverage for bodily injuries suffered by members of... More... $0 (08-25-2011 - FL) |
Edwin A. White v. MLMT 2004-BPC1 Carlyle Crossing, LLC |
This is an appeal from a judgment in favor of appellee MLMT 2004-BPC1 Carlyle Crossing, LLC for $1,766,355.52 in a bench trial on appellee’s cause of action for waste of collateral. In two issues, appellant Edwin A. White, an indemnitor under the loan agreements, contends that the evidence is insufficient to support the damage award and that the express negligence doctrine does not apply to rel... More... $0 (08-25-2011 - TX) |
Beef Products, Inc. v. Atifa Riozvic |
Workers’ compensation claimant, Atifa Rizvic, appeals the district court’s ruling on a petition for judicial review that reversed the workers’ compensation commissioner’s ruling awarding her sixty percent industrial disability as a result of an injury she received while working for Beef Products Inc. She contends it was error for the district court to remand her case to the agency for cons... More... $0 (08-24-2011 - IA) |
Karen Aguilar v. Kohl's Department Stores, Inc. |
In this workers’ compensation case, Claimant challenges a ruling of the Judge of Compensation Claims (JCC) denying her claim for entitlement to prevailing party costs under section 440.34(3), Florida Statutes (2007). For the reasons that follow, we reverse the ruling on costs, and remand for further proceedings. |
Edwin A. White v. MLMT 2004-BPC1 Carlyle Crossing, LLC |
This is an appeal from a judgment in favor of appellee MLMT 2004-BPC1 Carlyle Crossing, LLC for $1,766,355.52 in a bench trial on appellee’s cause of action for waste of collateral. In two issues, appellant Edwin A. White, an indemnitor under the loan agreements, contends that the evidence is insufficient to support the damage award and that the express negligence doctrine does not apply to rel... More... $0 (08-18-2011 - TX) |
Regina M. Thomson v. Lewis L. Canyon |
The seller of residential property sued her real estate agent and broker upon allegations that the agent failed to prepare proper documentation of the sale. The seller alleged that the sale was meant to “ „salvage‟ ” her home from foreclosure by conveying the property to an investor who would be paid $10,000 to clear the liens, then reconvey the home. The agent allegedly failed to memorial... More... $0 (08-17-2011 - ca) |
Rochelle E. Cohen v. Maricopa County |
¶1 Rochelle E. Cohen (“Appellant”), individually and in her capacity as the natural surviving parent of Joseph Eichten (“Eichten”) and personal representative of his estate, challenges the court’s grant of summary judgment in favor of Maricopa County (“the County”). Appellant argues that the court erred because the County owed a non-delegable duty of care to Eichten, and issues rela... More... $0 (08-16-2011 - AZ) |
Bryan Casper v. American International South Insurance Company |
¶1 This is a review of a published decision of the court of appeals, Casper v. American International South Insurance Co., 2010 WI App 2, 323 Wis. 2d 80, 779 N.W.2d 444,[1] affirming three orders of the Milwaukee County Circuit Court, Christopher R. Foley, Judge. The case arises out of a tragic accident that occurred when a truck driven by Mark Wearing collided with the Casper family's minivan... More... $0 (08-15-2011 - WS) |
James Hughes v. Dorothea A. Ahlgren |
¶1 Appellants James Hughes and Rhea Hughes (collectively Hughes) appeal from an order of the Tenth Judicial District Court, Fergus County, that awarded attorney fees to Appellees Dorothea, John, and Connie Ahlgren (collectively Ahlgren) in a declaratory judgment action involving a dispute over an easement. |
Macheca Transport Company v. Philadelphia Indemnity Ins. |
Macheca Transport Company and David and Starlin Macheca (Macheca) sued Philadelphia Indemnity Insurance Company (Philadelphia) seeking insurance coverage for damages resulting from a pipe rupture in Macheca's refrigerated warehouse. After we reversed the original grant of summary judgment in favor of Philadelphia, see Macheca Transp. Co. v. Phila. Indem. Ins. Co., 463 F.3d 827 (8th Cir. 2006) (Mac... More... $0 (08-09-2011 - MO) |
Michael Channette v. Neches Gulf Marine |
Neches Gulf Marine, Inc. and the M/V GOLIAD appeal the district court’s grant of summary judgment in favor of Seneca Resources Corporation. Because Seneca Resources Corporation has no duty to indemnify, we AFFIRM. |
Leah Albright v. USAA General Indemnity Company |
Leah Albright, individually and as parent and next friend of KA and BA, minors, sued USAA General Indemnity Company seeking compensation in the amount of $12,570.00 for injuries sustained by her children on a car wreck that occurred on November 6, 2010 at North Sooner Road at SE 15th Street in Oklahoma City, Oklahoma.... More... $12570 (08-05-2011 - OK) |
Wanda Ogilvie v. Workers Compensation Appeals Board |
Disability Rating Schedule (rating schedule) is “prima facie evidence” of the percentage of permanent disability to be attributed to an employee‟s work-related injury in a workers‟ compensation case. The core issue presented here is: What showing is required by an employee who contests a scheduled rating on the basis that the employee‟s diminished future earning capacity is different tha... More... $0 (07-29-2011 - CA) |
Fidelity and Deposit Company of Maryland v. Bondwriter Southwest, Inc. |
¶1 Fidelity and Deposit Company of Maryland (“Fidelity”) sued Bondwriter Southwest, Inc., David Sparks, and Katherine Stanton (collectively “Bondwriter”) for breach of contract and negligence. After a three-day bench trial, the court ruled in Fidelity’s favor on both claims and found Fidelity sustained damages in excess of $511,000. The court also concluded that Bondwriter was only five... More... $0 (07-28-2011 - AZ) |
Tau Kappa Epsilon and Adam Wilson Fomby v. USA Bus Charter, Inc. |
Complaining of numerous problems related to buses chartered for their transport to and from the annual "Texas-OU weekend" festivities in Dallas, appellants--Tau Kappa Epsilon (TKE), a fraternal social organization alleged to be affiliated with the University of Texas, and Adam Wilson Fomby, a fraternity member who had secured the buses--sued the bus company, appellee USA Bus Charter, Inc. (USA Bu... More... $0 (07-28-2011 - TX) |
Estate of Willie Mae Moore v. Wal-Mart Stores, Inc. |
Public Pay Phone appeals the district court’s order requiring it to pay Wal- Mart’s attorneys’ fees. Wal-Mart sought to recover the costs of defending the personal injury suit brought by Plaintiff Willie Mae Moore, who alleged that a piece of the wooden casing around a pay phone in the store’s customer service department fell and injured her foot. Public Pay Phone installed and maintained ... More... $0 (07-27-2011 - MS) |
Guthrie & Western R.R. Co. v. W.L. Rhodes |
¶1 In this case the plaintiff in error relies upon six assignments of error. We think it will only be necessary to consider three: First, the overruling of the plaintiff's demurrer to the amended answer; second, error in admitting testimony for the defendant over the objection of the plaintiff; sixth, that the court erred in overruling plaintiff's motion for a new trial. It will be observed, from... More... $0 (07-27-2011 - OK) |
Venda West v. University of Miami |
In this workers’ compensation appeal and cross-appeal, Claimant and the Employer/Carrier (E/C) both challenge an order of the Judge of Compensation Claims (JCC) that awarded some benefits and denied others. We affirm the order, except as to the following. First, we reverse the award of temporary partial disability benefits for the period from January 23, 2007, through March 3, 2008, because the ... More... $0 (07-22-2011 - FL) |
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