This court=s former opinion and judgment dated April 15, 2010, are withdrawn, and this court=s opinion and judgment dated July 1, 2010, are substituted therefor. Appellants= motion for rehearing is this same day denied.

Ace American Insurance Company filed suit against Jose Luis Garriga, Ramon Barragan, State Farm Mutual Automobile Insurance Company, and Troy Scott Hickman for wrongful set... More...   $0 (07-01-2010 - TX)

Plaintiff Ana Yanez sued defendants SOMA Environmental Engineering, Inc., Mansour Sepehr, and Brian Tims (collectively SOMA) for injuries she suffered in an automobile accident. A jury found that SOMA‘s negligence caused Yanez‘s injuries, and returned a special verdict awarding her $150,000 in damages, including $44,519.01 in damages for past medical expenses. After judgment was entered, SOMA ... More...   $0 (06-25-2010 - CA)

Plaintiff - Appellant United Rentals Northwest, Inc. (United Rentals) appeals the district court’s decision to grant Defendant - Appellee Yearout Mechanical, Inc.,’s (Yearout) motion to dismiss. The district court ruled that United Rentals could not seek indemnification from Yearout because the indemnification provision contained in the parties’ equipment rental agreement was unenforceable u... More...   $0 (06-24-2010 - NM)

Plaintiff and appellant Lauren N. Hervey (Hervey) purchased an automobile insurance policy from defendant and respondent Mercury Casualty Company (Mercury). Hervey alleges Mercury breached the policy by offsetting uninsured motorist payments due her for injuries suffered in an automobile accident with the amount Mercury paid Hervey under the medical expense coverage in the same policy for the same... More...   $0 (06-24-2010 - CA)

Defendant Daniel Madden and intervenor Deidre Donnelly appeal the Windsor Superior Court’s imposition of an injunction against Madden based on a hate-motivated crime against Kaveh and Leslie Shahi. Madden and Donnelly claim the trial court lacked jurisdiction to issue the injunction, failed to make the factual findings necessary to sustain such an injunction, and never found Madden committed a ... More...   $0 (06-18-2010 - VT)

In this case, we consider the nature of an insurer‟s defense obligations under a policy of liability insurance that provides both “excess” and “umbrella” coverage. In addition, we discuss the scope and extent of an insurer‟s duty to defend in spite of a “retained limit” on the insurer‟s duty to indemnify.

Legacy Vulcan Corp. (Vulcan) petitioned this court for a writ of man... More...   $0 (06-11-2010 - CA)

Hector Canales Rodriguez d/b/a Cowboy Transport appeals the portion of a judgment awarding exemplary damages to appellee, Jose Villarreal. In two issues, Rodriguez contends the trial court erred by failing to apply the statutory exemplary-damages cap when rendering judgment on the jury’s verdict. Villarreal has filed a motion to dismiss the appeal and award sanctions, contending Rodriguez waiv... More...   $0 (06-03-2010 - TX)

[¶1] These related appeals center on a dispute regarding the ultimate responsibility for payment of damages arising out of a serious automobile accident in which the driver of a rented car was at fault. The parties’ challenges to several judgments of the Superior Court (York County, Fritzsche, J.) require us to address the varying responsibilities of the rental company, the corporate renter, th... More...   $0 (05-25-2010 - ME)

The Center for Biological Diversity and Helphinkley.org (together Helphinkley) successfully challenged the County of San Bernardino's (the County) approval of an open-air human waste composting facility, under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.), and subsequently obtained an order of attorney fees under the private attorney general statute (Code ... More...   $0 (05-25-2010 - CA)

¶1 Petitioner Terry G. Stephens (Claimant) seeks review of the trial court's order denying interest on an award against the Respondent Oklahoma Highway Patrol (Employer). In this review proceeding, Claimant challenges the denial of interest as contrary to law and equity.

¶2 Claimant suffered a job-related injury to his ears. Employer admitted occurrence of the injury, provided necessary m... More...   $0 (05-21-2010 - OK)

Appellant, Silver Lion, Inc. and appellees, Dolphin Street, Inc. and R. Kent Larsen, have filed motions for rehearing of our May 21, 2009 memorandum opinion and judgment. We deny those motions. We do, however, withdraw our May 21, 2009 memorandum opinion and judgment and issue this memorandum and judgment in their stead.

We affirm the trial court’s judgment in part, holding t... More...   $0 (05-20-2010 - TX)

Jessica Riley sued Keith Lyons Trucking, Inc., Zurich Insurance and Empire Indemnity Insurance Co. on an auto negligence theory.

The claims made and defenses asserted are not available.... More...   $15000 (05-18-2010 - OK)

The issue in this certified appeal is whether the Appellate Court properly affirmed the judgment of the trial court concluding that the plaintiff, Allstate Insurance Company, could hold the named defendant, Stephen Palumbo (defendant),1 liable under the doctrine of equitable subrogation to recover damages the plaintiff had paid under a homeowner’s insurance policy issued to its insured, the defe... More...   $0 (05-18-2010 - CT)

Defendant and cross-complainant Amerigas Propane, L.P. (Amerigas) appeals summary judgment entered on Amerigas’s cross-complaint, in favor of cross-defendant Landstar Ranger, Inc. (Landstar).

This action arises from Amerigas contracting with motor carrier, Landstar Ranger, Inc. (Landstar), for the transportation of 30 Amerigas propane tanks. Landstar leased a tractor and flatbed trailer (... More...   $0 (05-18-2010 - CA)

This appeal concerns whether a party to an indemnification agreement can obtain indemnification for a dispute regarding the scope and meaning of the indemnification agreement, specifically, whether the agreement provides for indemnification of another matter. Appellants, MEMC Electronic Materials, Inc., and MEMC Pasadena, Inc. (collectively “MEMC”), appeal the trial court’s rendition of sum... More...   $0 (05-13-2010 - TX)

Appellant, Dana Bergholtz, appeals the trial court’s judgment based on its exclusion of testimony by his expert witness and by Appellant himself with respect to lost profits. On appeal, Mr. Bergholtz argues the trial court erred in excluding both testimonies, and that these errors were not harmless. We will affirm.

Mr. Bergholtz owned and operated a business in El Paso that so... More...   $0 (05-12-2010 - TX)

This case, pending in the federal court, involves interpretation of Florida law on third-party bad-faith causes of action in insurance cases. We have jurisdiction because the Eleventh Circuit Court of Appeals certified two questions,1 which are “determinative of the cause and for which there is no controlling precedent.” Art. V, § 3(b)(6), Fla. Const. Although in this case the Eleventh Circui... More...   $0 (05-06-2010 - FL)

In this action for reimbursement under the assigned claims statutes, MCL 500.3171 et seq., defendant Great Lakes Casualty Insurance Company (Great Lakes) appeals by right the trial court’s order granting partial summary disposition to Allstate Insurance Company (Allstate), which required that Great Lakes reimburse Allstate for personal protection insurance benefits that Allstate had paid on the ... More...   $0 (05-06-2010 - MI)

On consideration of the appellants’ motion for rehearing and rehearing en banc, the court withdraws its previous opinion and substitutes the following corrected opinion.

This is an appeal of a temporary injunction and an order granting leave to record a judgment. With some qualifications, we affirm.

I.

As stated in the parties’ earlier appeal: Plaintiff Fortune Development... More...   $0 (05-05-2010 - FL)

Praetorian Insurance Company (“Praetorian”) appeals the district court’s2 grant of summary judgment and award of attorney’s fees in favor of Site Inspection, LLC (“Site”). We affirm.

I.

Praetorian provides property insurance to hotels nationwide. Jerry Mayo, Praetorian’s property insurance underwriter, has final underwriting authority for all of the policies issued ... More...   $0 (05-03-2010 - MO)

Between 1995 and 1999, Charles Richard Homa and Michael E. Gause operated an automobile title lending business which actually constituted a huge Ponzi scheme. See SEC v. Homa, 514 F3d 661, 664 (I) (A) (7th Cir. 2008). During that time, Gause donated large sums of money to World Harvest Church (Church), including a $1,000,000 wire transfer from an offshore bank account. The Securities and Exchange ... More...   $0 (05-03-2010 - GA)

In this diversity action, plaintiffs, who are past and present Wal-Mart employees and their spouses, sued defendant Unarco Material Handling, Inc. (“Unarco”), and its subcontractor, defendant Atlas Material Handling, Inc. (“Atlas”), alleging injuries caused by exposure to carbon monoxide gas in the enclosed freezer section of a Wal-Mart Distribution Center during a two-week period in Novem... More...   $0 (05-03-2010 - KY)

The first amendment to the constitution of the United States and article first, § 3, of the constitution of Connecticut prohibit the state’s involvement in the internal doctrinal matters of religious organizations.

The first amendment, however, does not necessarily confer to religious organizations immunity from liability arising from tortious conduct.1 Though courts may not intervene in... More...   $0 (04-26-2010 - CT)

The defendants, Lori DiGennaro and Robert DiGennaro, appeal from the judgment of the trial court in favor of the plaintiffs, Carmine J. Esposito and National Waste Associates, LLC (NWA). The defendants claim that the court improperly concluded that they had waived certain rights provided for by way of a stipulated judgment in a prior action. We agree and, accordingly, reverse in part the judgment ... More...   $0 (04-26-2010 - CT)

Appellant, Apache Industrial Painting (“Apache”), brings this appeal to complain of the trial court’s summary judgment in favor of Gulf Copper & Manufacturing Corporation (“Gulf”). Apache complains that the trial court erred by granting summary judgment in Gulf’s favor because the Master Services Agreement signed between Apache and Nabors Drilling USA (“Nabors”) (the “Apache/Nab... More...   $0 (04-22-2010 - TX)