Indemnity Law
 
Claudia Orr v. Uintah County

¶1 Claudia and Eugene Orr, individually and on behalf of their deceased son, Kevin Orr, and Holly Orr, individually and on behalf of Kevin’s heirs (collectively, the Orrs), appeal the district court’s order granting Uintah County’s (the County) motion to dismiss. We affirm.1

¶2 In their complaint, the Orrs set forth three claims for relief against the County, the only defendant in t... More...
   $0 (07-21-2011 - UT)

Viasystems v. EBM-Papst

Viasystems, Inc., a Missouri-based corporation, filed suit against EBM-Papst St. Georgen GmbH & Co., KG (“St. Georgen”), a German corporation, alleging several claims in contract and tort. The district court1 concluded that it had neither specific nor general personal jurisdiction over St. Georgen and granted its motion to dismiss. Viasystems appeals, and, for the following reasons, we affirm.... More...   $0 (07-21-2011 - MO)

Troy Myers v. Farm Bureau Town & Country Insurance Company of America

Plaintiff Troy Myers (Myers) brought suit against defendant Farm Bureau Town & Country Insurance Company of Missouri (Farm Bureau) following Farm Bureau’s denial of Myers’ personal property claim after a fire loss. A jury found in favor of Myers for breach of contract and vexatious refusal to pay, and the trial court entered judgment according to the jury’s verdict. Farm Bureau appealed, and... More...   $0 (07-19-2011 - MO)

Wayne DeMarco v. Travelers Insurance Company

What are the responsibilities of an insurance company when a single motor vehicle collision results in multiple claims being asserted against the insureds, which claims in the aggregate exceed the policy limits? That, in essence, is the question that this appeal calls upon us to answer.

The defendant, Travelers Insurance Company (Travelers),1 appeals from the Superior Court’s grant of par... More...
   $0 (07-15-2011 - RI)

State Farm General Insurance Company v. Patrick Frake

After consuming several beers, Respondent Patrick Frake struck his friend, Respondent John King, in the groin, causing significant injuries. King filed a complaint against Frake for negligence, assault and battery and intentional infliction of emotional distress. Frake tendered the case to Appellant State Farm General Insurance Company under a renter‟s policy that provided coverage for bodily in... More...   $0 (07-13-2011 - CA)

Addrea Stewart v. Mark Royal

Addrea Stewart appeals the circuit court's grant of summary judgment in favor of the Respondent, American Family Mutual Insurance Company ("American Family"), denying uninsured motorist coverage for the death of her son under her automobile insurance policy. We affirm the grant of summary judgment.

Statement of Facts On November 2, 2006, Brendan Johnson was killed when a vehicle driven by... More...
   $0 (07-12-2011 - MO)

Miller-Davis Company v. Ahrens Construction, Inc.

This case involves a dispute over a construction contract. At issue is whether the limitations period in MCL 600.5839(1) applies to an action for breach of contract. The Court of Appeals held that it does and that the statute’s six-year limitations period expired before plaintiff filed its complaint, barring the suit. Accordingly, the Court of Appeals reversed the judgment of the trial court, wh... More...   $0 (07-11-2011 - MI)

Michael P. Trainor v. Paul Grieder

The defendant, Paul Grieder, appeals from the entry of three orders of the Superior Court.1 On appeal, the defendant contends (1) that the “Superior Court lacked subject matter jurisdiction over [the defendant]” because there was no “return of an unsatisfied execution;” (2) that “void jurisdiction procured by void process cannot be waived;” and (3) that the defendant “has already bee... More...   $0 (07-10-2011 - )

Monarch Fire Protection Dist. v. Freedom Consulting & Auditing

Monarch Fire Protection District of St. Louis County, Missouri, appeals several adverse rulings in favor of Freedom Consulting & Auditing Services, Inc., Brett Turner, Freedom’s owner, and Karen Indellicati, a Freedom employee. We affirm the district court.1

I.

The International Association of Firefighters Local 2665 (the “Firefighter Union”) represents Monarch’s employees. T... More...
   $0 (07-07-2011 - MO)

Hawkeye-Security Insurance Co. v. Donald Bunch

Midwestern Indemnity Company and Hawkeye-Security Insurance Company brought this declaratory judgment action seeking a determination that there was no coverage for an accident involving a company car driven by Daniel Brandt and injuring Donald Bunch. Donald and his wife Patricia were both employed by the insured, The Installers Company (Installers). She had limited permission to drive the company ... More...   $0 (07-07-2011 - MO)

Deborah Kincaid v. Jeffrey Kincaid

Appellant Deborah Kincaid sued her former husband, respondent Jeffrey Kincaid, for the wrongful death of her daughter, his stepdaughter, Shannon Ellen Siebert (Shannon). Appellant alleged that Shannon committed suicide as a result of sexual abuse and torture by respondent for over 13 years. Respondent filed a motion for summary judgment, presenting evidence that the alleged acts did not occur and ... More...   $0 (07-06-2011 - CA)

Joni M> Iverson v. State Farm Mutual Insurance Company

¶1 We have accepted certification of the following question from the United States District Court for the District of Utah: “Whether provision of lower limits for underinsured motorist coverage than for liability coverage properly complies with former Utah Code Ann. § 31A-22-305(9)(b) & (g) (currently codified under Utah Code Ann. § 31A-22-305.3).” We hold that such coverage may comply with... More...   $0 (07-01-2011 - UT)

Edward F. Brennan v. James S. Connors

Jimmy Connors is known throughout the tennis world for many things: his fierce two-handed backhand, his numerous Grand Slam singles titles (eight, on three different surfaces), and his fiery competitive spirit, to name just a few. In addition to holding the men’s number one world ranking for 160 consecutive weeks (1974-77), he is known for his longevity, performing well later in his career again... More...   $0 (06-30-2011 - IL)

Voss Road Exxon LLC and Demos Thanos v. Frank G. Vlahakos and Jackson Walker L.L.P.

Voss Road Exxon LLC and Demos Thanos (collectively, “VRE”) sued Jackson Walker L.L.P. and one of its partners, Frank Vlahakos (collectively, “Jackson Walker”), asserting that Jackson Walker’s alleged legal malpractice and other wrongful conduct caused VRE to fail to consummate a purchase of the property on which it is located pursuant to a right of first refusal in its lease agreement. T... More...   $0 (06-30-2011 - TX)

Jessica Bowwer v. AT&T Mobility

Jessica Bower appeals from the judgment entered after the trial court sustained without leave to amend the demurrer of AT&T Mobility, LLC, AT&T Inc. and AT&T Corporation (collectively, AT&T) in this action based on Bower‟s alleged payment of $15.50 as part of her purchase of a cellular telephone. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Bower’s Original Complaint

On... More...
   $0 (06-29-2011 - CA)

David Bleavins v. John A. Demarest

In a prior lawsuit, plaintiff sued his neighbors over an easement dispute involving a driveway they all shared. An insurance company provided the neighbors with a defense. Plaintiff then filed this action against the neighbors‘ attorneys, alleging that, in the prior action, the attorneys improperly represented the neighbors, made misrepresentations in the course of the litigation, engaged in fri... More...   $0 (06-29-2011 - CA)

Ronald H. Semler v. General Electric Capital Corporation

This appeal raises the question of whether a commercial lending institution, which is also an equity investor in a borrower‘s venture, violated the Unruh Civil Rights Act (Act) (Civ. Code, § 51) by declining to make a loan to a limited liability company because its managing member included a felon who had conspired to falsify customs documents and sell munitions to Syria.

We conclude tha... More...
   $0 (06-29-2011 - CA)

Philadelphia Indemnity Insurance Company v. Luther Austin

Appellant Philadelphia Indemnity Insurance Company, Inc., as insurer for Focus, Inc. (“Focus”), appeals an order of the Craighead County Circuit Court denying appellant’s motion for declaratory judgment and motion to dismiss and ruling that the language of its insurance policy is ambiguous. Appellees include Luther Austin, as administrator of Angela Austin’s estate; Melissa and Christopher... More...   $0 (06-23-2011 - AR)

Dawn Renae Diaz v. Jose Carcamo

A person injured by someone driving a car in the course of employment may sue not only the driver but that driver‘s employer. The employer can be sued on two legal theories based on tort principles: respondeat superior and negligent entrustment. Respondeat superior, a form of vicarious liability, makes an employer liable, irrespective of fault, for negligent driving by its employee in the scope ... More...   $0 (06-23-2011 - CA)

Jeffrey W. Cowan v. Boris Krayzman

Defendant and appellant Boris Krayzman appeals from a default judgment entered against him. Krayzman filed a motion to vacate the default. After the trial court issued a tentative ruling denying the motion, Krayzman attempted to withdraw the motion before it was to be heard. He then filed a second version of the motion. The trial court adopted its tentative ruling denying the first version of the ... More...   $0 (06-20-2011 - CA)

Farmers Insurance Company of Oregon v. American Family Mutual Insurance Company

On November 6, 2006, a tree fell on the Dodson home, causing extensive damage that ultimately required the payment of major repair costs. This litigation arises from the unusual circumstance that, at the time of the loss, the Dodsons had in effect two separate homeowners' insurance policies that, by their terms, covered the loss. The first, issued by defendant, was taken out in April 2006. The sec... More...   $0 (06-15-2011 - OR)

Wanda Brethorst v. Allstate Property and Casualty Insurance Company

This case comes to the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).[1] The case arises out of an uninsured motorist (UM) claim submitted by Wanda Brethorst (Brethorst) to her insurer, Allstate Property and Casualty Insurance Company (Allstate). When Brethorst made a demand for settlement, Allstate offered only a partial settlement of Brethors... More...   $0 (06-14-2011 - WI)

Carl Evangelista v. Shannon Evangelista

In this breach of contract action, plaintiffs Carl and Linda Evangelista and third-party defendant Ronald Evangelista appeal as of right from the trial court’s order granting in part and denying in part Ronald’s motion for summary disposition. We reverse and remand for further proceedings consistent with this opinion.

Defendant Shannon Evangelista and Ronald executed a promissory note t... More...
   $0 (06-09-2011 - MI)

Guideone America Insurance Co., Inc. v. Shore Insurance Agency, Inc.

¶1 GuideOne America Insurance Company, Inc., (GuideOne) appeals from the trial court's order granting summary judgment in favor of Shore Insurance Agency, Inc. (Agency).1 This appeal is governed by Supreme Court Rule 1.36, 12 O.S. Supp. 2010, ch. 15, app. 1 and proceeds without appellate briefing. Having reviewed the record and pertinent law, we affirm the trial court's judgment.

FACTS AND... More...
   $0 (06-07-2011 - OK)

CIMARRON RIVER RANCH, LLC v. STATE ex rel. COMMISSIONERS OF THE LAND OFFICE

¶1 Plaintiff Cimarron River Ranch, LLC, appeals from the trial court's orders filed January 22, 2009, and May 8, 2009, granting Defendants'1 multiple summary judgment motions. This case proceeds pursuant to Supreme Court Rule 1.36, 12 O.S. Supp. 2009, ch. 15, app. 1, without additional appellate briefing.2 We have reviewed the record and applicable law and considered oral arguments presented to t... More...   $0 (06-07-2011 - OK)

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