{1} Wrongfully denied her disability benefits, a former employee obtained a judgment against her employer’s long-term disability plan based on rights accorded under the federal Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 to 1461 (2000). The employee seeks to enforce that judgment by way of a writ of garnishment against the insurer whose insurance policy funded th... More...   $0 (03-04-2010 - NM)

{1} In this class action case, we are asked to determine the applicability of an exemption
to the Unfair Practices Act (UPA), NMSA 1978, Sections 57-12-1 to -22 (1967, as amended
through 1999), that bars UPA suits based on “actions or transactions expressly permitted
under laws administered by a regulatory body of New Mexico.” Section 57-12-7 (emphasis
added).

{2} Plai... More...   $0 (03-04-2010 - NM)

In this appeal, we clarify the applicable limitations periods for equitable indemnity and contribution claims. In doing so, we conclude that claims for equitable indemnity are subject to the limitations period prescribed by NRS 11.190(2)(c), while claims for contribution are subject to the limitations period prescribed by NRS 17.285. Because no judgment has been entered in the case at hand, and ... More...   $0 (03-04-2010 - NV)

This is an appeal by one of two defendants in a wrongful death action. Defendant Combined Transport appeals from a judgment for plaintiff. The jury found Combined Transport 22 percent at fault and the other defendant, Clemmer, 78 percent at fault. We affirm in part, reverse in part, and remand for a new trial.

Combined Transport is a trucking company that specializes in transporting la... More...   $0 (03-03-2010 - OR)

The sole issue in this appeal is whether General Statutes § 7-433d1 relieves a municipality from liability for a workers’ compensation claim made by one of its employees, a paid firefighter, who was injured during the course of his employment while fighting a fire, pursuant to a request for mutual aid assistance, in a neighboring municipality. The named defendant, the city of Hartford (Hartford... More...   $0 (03-03-2010 - CT)

In this action for no-fault benefits in connection with a parked car, plaintiff appeals by right the circuit court’s order granting summary disposition to defendant. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). On January 15, 2007, plaintiff drove herself, a granddaughter, and a great-granddaughter to the home of a friend. Upon her arrival, she parked a... More...   $0 (03-02-2010 - MI)

By instrument executed August 2, 2000, HCC Investments, Inc.[1] (HCC) established a charitable remainder unitrust (Trust) between itself, as grantor, and Nicholas L. Alvanos (Appellant), as trustee. At the time the Trust was established, third-party defendant Robert C. Penland (Penland) was President of HCC and signed the Trust documents in that capacity. Penland was also a beneficiary of the Tr... More...   $0 (03-01-2010 - SC)

The United States District Court for the Middle District of Georgia has certified a question to this Court about how to determine the meaning of the term “accident” in an automobile liability insurance policy when the word is not expressly defined in the policy and, more specifically, how to determine if there has been one accident or two when an insured vehicle strikes one claimant and then v... More...   $0 (03-01-2010 - GA)

Philip W. Barnes appeals from the trial court's order granting the motion of Old American Mutual Fire Insurance Company ("Old American") for directed verdict and awarding Old American damages, prejudgment and postjudgment interest, and attorneys' fees in a dispute arising from various nonstandard automobile insurance programs. We will affirm the trial court's order awarding damages, prejudgment i... More...   $0 (02-26-2010 - TX)

Interstate Fire and Casualty Insurance Company (Interstate) appeals from a judgment entered after the court sustained, without leave to amend, a demurrer to Interstate‟s amended complaint against Cleveland Wrecking Company (Cleveland). Interstate contends the court erred because: (1) its subrogation complaint, based on its insured‟s contractual indemnification claim against Cleveland, was not ... More...   $0 (02-22-2010 - CA)

Housing developers, Forecast Homes, Inc., and K. Hovnanian Forecast Homes, Inc. (referred to collectively and in the singular as Forecast), appeals from the judgment entered in its declaratory relief action in favor of Steadfast Insurance Company (Steadfast). Forecast contractually required all its subcontractors to defend and hold it harmless against any liability arising out of the subcontractor... More...   $0 (02-20-2010 - CA)

In this condemnation action involving property located at

1501 Palisade Avenue, Union City, plaintiff, New Jersey Schools

Construction Corporation (plaintiff or SCC),1 challenges certain

rulings of the Law Division on in limine motions: (1)

determining that the value of the improvements to the property

made after the owner, defendant David Lopez, receiv... More...   $0 (02-19-2010 - NJ)

This is an appeal from a post-divorce enforcement proceeding. Teresa Thomas complains of a turnover order; a money judgment payable to her former husband, Bruce Thomas; attorney’s fees assessed against her; and contempt orders entered against her. We have not been favored with responsive briefing by Bruce. For the reasons that follow, we affirm in part and reverse in part.

FACTUAL AND PR... More...   $0 (02-18-2010 - tx)

¶ 1 The “economic loss doctrine” bars plaintiffs, in certain circumstances, from recovering economic damages in tort. This Court has previously applied the doctrine only to products liability claims. Today we apply the doctrine in a construction defect case and hold that a property owner is limited to its contractual remedies when an architect’s negligent design causes economic loss but no ... More...   $0 (02-17-2010 - AZ)

Housing developers, Forecast Homes, Inc., and K. Hovnanian Forecast Homes, Inc. (referred to collectively and in the singular as Forecast), appeals from the judgment entered in its declaratory relief action in favor of Steadfast Insurance Company (Steadfast). Forecast contractually required all its subcontractors to defend and hold it harmless against any liability arising out of the subcontractor... More...   $0 (02-12-2010 - CA)

¶1. The parties and amici1 assert the matter before this Court is a case of first impression. This Court is called upon to determine whether Architex Association, Inc.’s (“Architex”) intentional hiring or utilization of subcontractors to perform work on one of its projects negates coverage included in the Commercial General Liability (“CGL”) coverage part of three separate “Commercial... More...   $0 (02-11-2010 - MS)

John Dubinsky, William Stern, Alvin Siteman, Eldon Schoenberg, David Rasch, and Jack Cregan (“Subordinate Bondholders”) invested in a refinancing venture for a real estate development.

They sued the developer of the project, Mermart, L.L.C. (“Mermart”), alleging breach of contract and demanding equitable 2The Honorable Carol E. Jackson, United States District Judge for the Eastern ... More...   $0 (02-10-2010 - MO)

In these consolidated appeals, former Pennsylvania State Police (PSP) Corporal John C. Balshy (Balshy) and former PSP Chemist Janice Roadcap (Roadcap) petition for review from an order of the Office of General Counsel (OGC) that denied their requests for indemnification and reimbursement of legal fees and costs associated with their defense in an underlying federal suit filed against them by Steve... More...   $0 (02-09-2010 - PA)

These appeals have their origin in a failed real estate transaction. Appellants Farrokh and Scheherezade Sharabianlou offered to purchase a commercial building owned by respondent Berenstein Associates.1 The Sharabianlous engaged real estate agent Ronald Karp and his company California Realty Investment Company (hereafter the Karps) to represent them in the transaction. Soon after the offer was ma... More...   $0 (02-05-2010 - CA)

In late 1999, J. Krist Schell and Thomas W. Kent (the appellant here) formed a Nevada corporation, Bradley Reed Lumber, LLC, to import Russian lumber for sale in New England. Schell originally had a one-third interest, Kent the remainder, and the company soon borrowed a quarter of a million dollars from Edward M. Myslik. The two owners personally signed the note and a separate guarantee, and Kent ... More...   $0 (02-03-2010 - NH)

This case requires us to consider whether, under Colorado law, an insurer has a duty to defend its insured based on allegations contained in several separate 1 During the relevant period AIMCO did not procure individual insurance policies for the properties it managed. Rather, AIMCO created its own program, whereby it purchased insurance from a single insurer using all the managed properties to ob... More...   $0 (02-02-2010 - CO)

22 NGM Insurance Company (“NGM”) appeals from a judgment of the
23 United States District Court for the Southern District of New
24 York (Young, J.) declaring that NGM is obligated to defend and
25 indemnify Blakely Pumping, Inc. (“Blakely Pumping”), against
26 liability arising out of an auto accident involving Brian Blakely
27 (“Blakely”), an officer and employee ... More...   $0 (02-01-2010 - NY)

This appeal arises from a dispute between limited partners over the sale of a partnership interest in a Las Vegas hotel and casino. Red Sea Gaming Inc. and Red Sea Nevada, Inc. (“Red Sea”) complain of an insufficient damage award. Block Investments (Nevada) Company, Block 1991 Investment Trust, and Michael A. Block (“Block”) raise a cross-point challenging the denial of their motion for j... More...   $0 (01-31-2010 - )

¶1 We address in this opinion, among other issues, what the term “interruption of business, whether total or partial” means in this contract of insurance.

Facts and Procedural History

1. Tropicana Expansion Project

¶2 At all times relevant to this appeal, Appellant Aztar Corporation (“Aztar”), a Phoenix-based corporation, owned and operated the Tropicana Casino and R... More...   $0 (01-28-2010 - AZ)

On December 9, 2002, Rosa Lopez was driving with her twelve-year-old daughter Rachel as a passenger. Rosa stopped for traffic, and her vehicle was struck by the vehicle following hers. Both Rosa and Rachel were injured. They were covered by a policy of insurance issued by Farm Bureau Mutual Insurance Company of Idaho (Farm Bureau), which provided medical coverage in the amount of $5,000 per person... More...   $0 (01-27-2010 - ID)