This case involves the liability of an insurance agency for negligence in advising on, procuring and maintaining an insurance package for a new business venture that did not include workers compensation insurance. The lack of workers compensation insurance was discovered after an employee was injured in a catastrophic fire during the third year of business operations. After a lawsuit in which the ... More...   $0 (09-09-2009 - CA)

¶ 1. JOHNSON, J. Plaintiff Peter Blair, an injured worker, appeals from two decisions of the Caledonia Superior Court in favor of his empoyer Lydall/Thermal Acoustical, Inc. Plaintiff's arm was crushed by an industrial press while he was working as a temporary employee at Lydall's St. Johnsbury plant. His suit against Lydall was based on two theories. First, plaintiff sought to co... More...   $0 (09-04-2009 - VT)

Plaintiff and appellant Starlight Ridge Homeowners Association (the Association) is the owners‟ association of a common interest development. Defendant and respondent Stephanie K. Hunter-Bloor (the homeowner) is the owner of a residential lot in the development. The Association claimed that the homeowner was responsible for upkeep and maintenance of a portion of a drainage channel (the V-ditch) ... More...   $0 (09-04-2009 - CA)

This is a personal injury case in which a jury awarded medical expenses but failed to award any damages for physical impairment or physical pain/mental anguish. In a single issue, appellants Leonardo Cesar and Edna Luna contend the jury's findings of no past damages for physical pain and mental anguish are against the great weight and preponderance of the evidence. Appellee, Juan Ibarra Torres, ma... More...   $0 (08-31-2009 - TX)

In the Circuit Court for Calvert County, Hartford Underwriters Insurance Company (“Hartford”), the appellant, as subrogee of K.B.K., Inc. (“K.B.K.”), sued John L. Mattingly Construction Co., Inc. (“Mattingly”) and Wilma L. Phoebus d/b/a Wilma Phoebus Electric Company (“Phoebus”), the appellees, for negligence, breach of contract, and breach of warranties. After a hearing, the court... More...   $0 (08-31-2009 - MD)

Plaintiff First American Title Insurance Company (First American) sought a declaration that it had no duty under its title insurance policies to defend or indemnify defendant XWarehouse Lending Corporation formerly known as Access Lending Corporation (Access). 1 The trial court issued the requested declaration after ruling that Access was not an insured entitled to coverage under the policies. We ... More...   $0 (08-28-2009 - CA)

Plaintiff Brian E. Wilgus, individually and on behalf of all others similarly situated, appeals from an order of the circuit court of Madison County granting a summary judgment in favor of defendant, CyberSource Corp., on plaintiffs' class action claim for breach of contract. The complaint was originally filed on July 19, 2002. After years of litigation and discovery, defendant moved for a summary... More...   $0 (08-27-2009 - IL)

After a bench trial, the district court entered judgment for defendant Point Judith Marina ("PJM") on claims for damages by plaintiff Nicholas Picchione and subrogee-plaintiff Northern Insurance Company of New York ("Northern"). The claims arose as a result of the sudden sinking of a recreational boat ("Eveready") owned by Northern's insured, Picchione. The district court also rejected PJM's count... More...   $0 (08-27-2009 - RI)

Appellants, who were injured in an automobile accident caused by the alleged negligent, employment-related driving of a firefighter employed by respondent city, challenge the dismissal of their action against city, arguing that the district court erred in concluding that their Drake v. Ryan settlement with firefighter destroyed city’s vicarious liability for firefighter’s alleged negligence. B... More...   $0 (08-25-2009 - MN)

Plaintiff initiated this action against his former employer, defendant City of Portland, for indemnity of expenses that plaintiff incurred in defending an action that had been brought against him in federal court. The city moved for summary judgment on a variety of grounds, including that plaintiff is estopped from seeking indemnity in this case given the position that he successfully asserted in... More...   $0 (08-19-2009 - OR)

Steven Teitelbaum (Teitelbaum) and Los Angeles Coin Company LLC (L.A. Coin Company) appeal from an order of the trial court directing respondents Indra and Mary Jhaveri, doing business as Kant-Sar International (the Jhaveris), to execute and deliver to appellants a partial satisfaction of the judgment entered in this case.

The Jhaveris previously obtained a jury verdict against appellants a... More...   $0 (08-12-2009 - CA)

Lumbermens Mutual Casualty Company (Lumbermens) appeals from the district court judgment in favor of U-Haul and Republic Western Insurance Company (Republic Western). Although Lumbermens raises a number of issues, in this opinion we deal with only its argument that the district court abused its discretion in admitting into evidence certain computer-generated summaries of payments made on insurance... More...   $0 (08-12-2009 - AZ)

Custom Hardware Engineering & Consulting, Inc. and David York1 appeal the grant of summary judgment in favor of their insurer, Assurance Company of America, on their claims for declaratory judgment and breach of contract. We affirm.

I. BACKGROUND

Plaintiff Custom Hardware, a corporation with its principal place of business located in Fenton, Missouri, provides service and maintenance... More...   $0 (08-11-2009 - MO)

Custom Hardware Engineering & Consulting, Inc. and David York1 appeal the grant of summary judgment in favor of their insurer, Assurance Company of America, on their claims for declaratory judgment and breach of contract. We affirm. I. BACKGROUND Plaintiff Custom Hardware, a corporation with its principal place of business located in Fenton, Missouri, provides service and maintenance on computer e... More...   $0 (08-11-2009 - MO)

Rockford Mutual Insurance Company (“Rockford”) appeals from a jury verdict in favor of Terrey E. Pirtle in his action against Rockford for breach of contract. Rockford raises the following issues for our review:

I. Whether Pirtle‟s recovery under the policy is limited to the actual cash value of the building because of Pirtle‟s failure to comply with the repair and replacement cos... More...   $0 (08-11-2009 - IN)

{¶ 1} Safeco Insurance Company of America (“Safeco”) appeals from a decision declaring that Safeco is obliged to defend and indemnify its insureds, Lance and Diane White (“Whites”), in connection with a negligence action filed against them after their 17-year-old son, Benjamin, attacked another child.

{¶ 2} The First District Court of Appeals certified this case pursuant to Sectio... More...   $0 (08-09-2009 - OH)

American Family Mutual Insurance Company (American Family) appeals the trial court‟s judgment for D. R. Sherry Construction, LTD. (Sherry) on Sherry‟s breach of contract claim and vexatious refusal to pay claim. On appeal, American Family presents five points. Because we find its second point dispositive, we address that point alone and reverse the trial court‟s judgment for Sherry.

I... More...   $0 (08-04-2009 - MO)

Ammon Painting Company (Ammon) and its insurers, Valiant Insurance Company (Valiant) and Assurance Company of America (Assurance), appeal the trial court‟s grant of summary judgment for Contractor Supply Company (CSC) (n/k/a Hertz Equipment Rental Corporation) and its insurers, Travelers Indemnity Company (Travelers Indemnity) and Travelers Property Casualty Company of America (Travelers Propert... More...   $0 (08-04-2009 - MO)

Defendant Ahrens Construction, Inc., appeals by right the judgment entered after bench trial for plaintiff Miller-Davis Company on its breach of contract claim. Plaintiff cross-appeals the trial court’s entry of a judgment of no cause of action on plaintiff’s claim for contractual indemnity of the amount awarded for breach of contract and its attorney fees for this action. Defendant argues tha... More...   $0 (08-04-2009 - MI)

At first we did not know what to make of this case. There was a $10 million judgment obtained by a nationwide groundwater pumping and control company, against its liability insurer. The compensatory damages -- all of which consisted of the attorney fees and costs incurred to sue the insurer for the $10 million -- were about $1 million.1 What foul deeds had the insurer committed, we wondered, that ... More...   $0 (08-04-2009 - CA)

This case involves an insurance policy that covers injury resulting from “an accident.” After an assault and battery by the insured, the injured party sued the insured, alleging that the insured had acted under the unreasonable belief of having to defend himself, an act that according to the injured party fell within the policy‟s coverage of “an accident.” Does the insurance company have... More...   $0 (08-04-2009 - CA)

In this insurance coverage case, at issue are both the liability and uninsured/underinsured motorist (AUM/UIM@) coverages under a Texas personal auto policy. Appellant Kimberly Verhoev complains of summary judgments in favor of Appellee Progressive County Mutual Insurance Company and denial of her own motions for summary judgment regarding both coverages.

Background Facts

The facts ... More...   $0 (07-30-2009 - TX)

Homeowners sued a building contractor, supplier, surety, and individuals involved in the construction of their retirement home for breach of contract, negligence, fraud, and violations of California‟s licensure requirements. The trial court allowed certain theories against the building contractor to go to the jury but granted nonsuit and directed verdicts on the rest. The jury then found against... More...   $0 (07-29-2009 - CA)

The plaintiff-appellant, Richard Clinton, appeals from the judgments of the Superior Court dismissing his personal injury action against the defendants-appellees, Enterprise Rent-A-Car Co. (“Enterprise”) and Anthony Gene Shamblin, pursuant to Superior Court Civil Rule 12(b)(6).1

Clinton makes three arguments on appeal. First, he contends that the Superior Court erred in applying Delaw... More...   $0 (07-29-2009 - DE)

In connection with an appeal pending before it, the United States Court of Appeals for the First Circuit has certified the following questions to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981):

"1. Where an insured protected by standard CGL [FN3] policy language incurs covered costs as a result of ongoing environmental contamination occurring over more than o... More...   $0 (07-24-2009 - MA)