J.R. Simplot Company, Simplot Phosphates, LLC, and Simplot Pipeline, LLC (collectively “Simplot”) sued Chevron Pipeline Company, Chevron Chemical Company, and Chevron U.S.A., Inc., (collectively “Chevron”) for failure to defend and indemnify Simplot pursuant to two sales agreements. Chevron denied its liability and asserted counterclaims. The district court granted summary judgment in favo... More...   $0 (04-24-2009 - UT)

In this insurance coverage dispute, Westchester Fire Insurance Company ("Westchester") filed a declaratory judgment action against Douglas Wallerich, Patrick Lowther, and Sharon O'Reilly (collectively "Insureds"), seeking a determination whether it must provide coverage to the Insureds in defending an underlying lawsuit. Additionally, Westchester sought reimbursement of its expenses paid thus far ... More...   $0 (04-24-2009 - MN)

Mariwana Hussaini sued Chadasty B. Brunk and Geico Indemnity Company on auto negligence theories. The claims made and defenses asserted are not available.... More...   $1 (04-20-2009 - OK)

This appeal involves a coverage dispute between Essex Insurance Company and its insured, BloomSouth Flooring Corporation. Essex brought a declaratory judgment action claiming that, pursuant to "business risk exclusions" in its policies, it had neither a duty to defend nor a duty to indemnify BloomSouth in connection with an underlying state court action against BloomSouth. The magistrate judge, p... More...   $0 (04-16-2009 - ME)

Under General Statutes §§ 52-572m (d)1 and 52-572n (c)2 of the Connecticut Product Liability Act (act); see General Statutes § 52-572m et seq.; commercial losses, in contrast to damage to property, are not recoverable in a product liability action as between commercial parties. In this case, Elliptipar, Inc. (Elliptipar), a division of the plaintiff company, Sylvan R. Shemitz Designs, Inc. (pla... More...   $0 (04-16-2009 - CT)

¶1 Revelation Industries (Revelation) sued its insurer, St. Paul Fire & Marine Insurance Company (St. Paul), for refusing to defend and indemnify Revelation in a lawsuit with Phillips Environmental Products, Inc. (Phillips). The Eighteenth Judicial District Court ruled that St. Paul had no duty to defend Revelation. Revelation appeals. We reverse and remand.

ISSUES

¶2 A restate... More...   $0 (04-10-2009 - MT)

This case arises out of events surrounding the tragic loss of a child. If there are those of us who have not been the parent, we have all been the child. That experience teaches us that there is no closer human bond nor a more painful loss. Although the enormity of such a loss is easily comprehensible to anyone with knowledge of the human condition, the trial judge, armed with such knowledge, none... More...   $0 (04-07-2009 - CT)

Appellant AstenJohnson, Inc. (“Asten”), manufactured asbestos dryer felts and other materials used in the paper industry. Appellees Columbia Casualty Company (“Columbia”) and American Insurance Company (“American”) issued $52 million of comprehensive liability insurance to Asten in 1981 and 1982. These policies contained an exclusion from coverage for any claim alleging “an exposure ... More...   $0 (04-03-2009 - PA)

Factory Mutual Insurance Company appeals the district court’s summary judgment in favor of Northrop Grumman Corporation. Northrop sued the insurance company after Factory Mutual denied coverage for water damage at Northrop’s Mississippi subsidiary caused by Hurricane Katrina. Factory Mutual argued that coverage for water damage was barred by an exclusion for flooding in the policy, but the dis... More...   $0 (04-02-2009 - CA)

Construction Company2 requiring Cimarron to indemnify Martin for a share of a settlement that Martin had paid as the result of an injury to an employee in a construction accident. Cimarron alleges that the language of the contract does not control. Instead, Cimarron contends that MCL 600.2956 effectively limits the application of express contractual indemnification clauses, because the statute man... More...   $0 (04-01-2009 - MI)

On August 23, 2004, Raul Torres ("Torres") was seriously injured while working at Carrabassett Trading Company ("CTC") in North Oxford, Massachusetts. Torres came to work at CTC through an agency known as Venturi Staffing Partners, Inc. ("Venturi"). When Torres subsequently sued CTC in state court ("the underlying suit"), CTC contacted its liability insurance carrier, Scottsdale Insurance Co. ("Sc... More...   $0 (04-01-2009 - MA)

Construction Company2 requiring Cimarron to indemnify Martin for a share of a settlement that Martin had paid as the result of an injury to an employee in a construction accident. Cimarron alleges that the language of the contract does not control. Instead, Cimarron contends that MCL 600.2956 effectively limits the application of express contractual indemnification clauses, because the statute man... More...   $0 (04-01-2009 - MI)

Codefendants RHI Holdings, Inc., and the Fairchild Corporation appeal an order confirming an arbitration award of approximately $1 million to plaintiff Rexnord Industries, LLC. They contend that the circuit court's confirmation of the award was improper because the arbitrator exceeded his authority under their arbitration agreement with Rexnord by granting relief to a nonparty. They also contend t... More...   $0 (03-31-2009 - IL)

Plaintiff Insurance Corporation of Hanover, n/k/a Praetorian Insurance Company (ICH), filed this declaratory judgment action seeking a determination that it owed no duty to defend its insured, defendant Shelborne Associates (Shelborne), in an underlying lawsuit brought by defendant Travel 100 Group, Inc. (Travel 100), based on its receipt of Shelborne’s alleged unsolicited fax advertisement. Aft... More...   $0 (03-31-2009 - IL)

Plaintiff, Myoda Computer Center, Inc. (Myoda), filed a declaratory judgment action against defendant, American Family Insurance Company (American Family), claiming that American Family was obligated to indemnify Myoda and pay Myoda’s defense costs in settling a lawsuit against it. American Family then filed a counterclaim for declaratory judgment seeking a declaration that it owed Myoda no duty... More...   $0 (03-31-2009 - IL)

The United States District Court for the Eastern District of Michigan, Southern Division, entered judgment in the amount of $2,436,290, plus interest, in favor of Star Insurance Company, Williamsburg National Insurance Company, and American Indemnity Insurance Company, Ltd. (collectively, “Plaintiffs”) and against Risk Marketing Group, Inc. and Cebcor Service Corp. (collectively, “Defendants... More...   $0 (03-31-2009 - IL)

This case involves a long-running (six years and counting) insurancecoverage dispute between the City of Sterling Heights, Michigan, and one of its insurance carriers, United National Insurance. The case arises out of lawsuits filed by Hillside Productions against the City based on alleged misconduct by city officials, and the question at hand primarily concerns United’s liability for a portion ... More...   $0 (03-31-2009 - MI)

Appellants Daneshjou Company, Inc. ("DCI") and M. B. "Benny" Daneshjou appeal from the judgment of the district court on claims arising from the design and construction of a house and grounds for Sandra Bullock and John W. Bullock, trustee of Band-Aid Trust. Appellants have settled their claims with the Bullocks and dismissed their appeal concerning those claims. They continue to pursue their appe... More...   $0 (03-27-2009 - TX)

Defendant and third-party plaintiff Prime Group Realty Services, Inc. (Prime Group), appeals the trial court’s granting of summary judgment in Ala Carte Entertainment, Inc.’s (Ala Carte) favor and denying its motion for summary judgment relating to a lease entered into between Prime Group as lessor and Ala Carte as lessee. On appeal, Prime Group claims that the trial court erred in not finding... More...   $0 (03-26-2009 - IL)

Plaintiff-Appellant Dr. Richard Lafleur sued Defendant-Appellee Louisiana Health Service and Indemnity Company (Blue Cross) under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B), for recovery of wrongfully denied health insurance benefits. The district court granted summary judgment in favor of Blue Cross. Because Blue Cross failed to substantially comply wi... More...   $0 (03-25-2009 - LA)

Defendant Liberty Mutual Insurance Company (“Liberty Mutual”) appeals the judgment of the district court denying Liberty Mutual’s motion for summary judgment and granting summary judgment to Third-Party Defendants, the “UTC Companies,” including appellee, United Technologies Corporation (“UTC”).1 On appeal, the parties dispute UTC’s indemnification obligation pursuant to a 1994 set... More...   $0 (03-23-2009 - OH)

Plaintiff and appellant Stephanie Trout appeals the district court’s grant of summary judgment to defendant, Nationwide Mutual Insurance Company, in her action for breach of contract and bad faith breach of insurance contract. We reverse the judgment in this case and remand the case to the district court for further proceedings.

BACKGROUND

On December 20, 2002, Trout attended a gat... More...   $0 (03-19-2009 - CO)

In theIn the litigation underlying this case, Lorillard Tobacco Co. (“Lorillard”) filed trademark infringement, unfair competition, and Illinois Deceptive Trade Practices Act claims against Elston Self Service Wholesale Groceries (“Elston”). Lorillard accuses Elston and individual defendants of selling counterfeit cigarettes bearing Lorillard’s federal trademark registration, NEWPORT®. ... More...   $0 (03-17-2009 - IL)

This appeal presents a dispute between a construction company and two insurers. Plaintiff-Appellee Danrik Construction, Inc. (“Danrik”) asserts that Defendants-Appellants American Casualty Company of Reading, Pennsylvania (“ACC”) and Transcontinental Insurance Company (“TIC”) (collectively, “Insurers”) breached their fiduciary duty to Danrik by failing to pay several claims under D... More...   $0 (03-17-2009 - TX)

This insurance coverage dispute arises from efforts by the Environmental Protection Agency ("EPA") to remediate contamination at the Centredale Manor Superfund site (the "Site") in North Providence, Rhode Island.

In 2000, the EPA designated Plaintiff-Appellee/Cross Appellant Emhart Industries, Inc. ("Emhart") a Potentially Responsible Party ("PRP") for the cleanup costs of the Site... More...   $0 (03-13-2009 - RI)