Anthony McCarty purchased a used Chevy Blazer for his 16-year-old son, Kevin,1 from Triple Crown Auto Sales, Inc. (Triple Crown). Approximately one week later, Kevin was driving the Blazer when he collided with and seriously injured plaintiff and appellant Pamela Spangle (plaintiff). Plaintiff obtained a judgment against Kevin far in excess of the insurance covering him. Plaintiff now seeks to rec... More...   $0 (08-30-2008 - CA)

Claimant, Roderick Hill, appeals the judge of compensation claims’ (JCC) final order dismissing with prejudice his pending petitions for benefits against the Employer/Carrier, Greyhound Lines, Inc., and Ace, USA, as a sanction for revealing confidential information obtained at mediation. Claimant argues the JCC abused his discretion by dismissing his petitions for benefits with prejudice because... More...   $0 (08-29-2008 - FL)

[¶1] Jacobs Ranch Coal Company (“Jacobs Ranch”) appeals the district court‟s summary judgment decision that Thunder Basin Coal Company (“Thunder Basin”) is not liable for surface royalty payments in this case because the surface royalty at issue is not a covenant running with the land. The district court also denied Jacobs Ranch‟s claims that it was entitled to indemnity from Thunder ... More...   $0 (08-28-2008 - WY)

¶1 We consider today whether a homebuilder who is not also the vendor of the residence can be sued by a buyer for breach of the implied warranty of workmanship and habitability. We conclude that absence of contractual privity does not bar such a suit.

I.

¶2 William Mahoney and The Lofts at Fillmore, L.L.C. (collectively, “the Developer”) contracted with Reliance Commercial ... More...   $0 (08-21-2008 - AZ)

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 (08-15-2008 - CA)

This litigation arises from an October 1999 car accident, in which defendant Beau Drewes, who was driving a vehicle owned by his father and defendant Michael Drewes, struck a vehicle driven by defendant and counterplaintiff-appellant and cross-appellee Hollis L. Brumfield. Michael's car was insured by plaintiff and counterdefendant-appellee and cross-appellant Economy Fire and Casualty Company (Ec... More...   $0 (08-13-2008 - IL)

Eric Stricklin, an employee of Thornton Drilling Company (“Thornton”), was killed by an explosion or blowout while working in Franklin County, Arkansas, on an oil drilling rig leased to Thornton by the producer, Stephens Production Company (“Stephens”). Stricklin’s wife and representative of his estate filed a wrongful death action against Thornton and Stephens. The exclusive workers’ ... More...   $0 (08-13-2008 - AR)

United Vacation Network, Inc. (United), appeals the trial court's nonfinal order denying its motion to compel arbitration of Ali Tahiri's and Mahtab Bolouri's claims of fraud and violations of the Florida Deceptive and Unfair Trade Practices Act, section 501.204, Florida Statutes (2005). We have jurisdiction. Fla. R. App. P. 9.130(a)(3)(C)(iv). United has failed to demonstrate reversible error by ... More...   $0 (08-08-2008 - FL)

After numerous small corporations submitted claims to Nautilus Insurance Company (“Nautilus”) for the insurer’s defense and indemnity for lawsuits the small corporations were facing, Nautilus sought a declaration that it did not owe such duties to the small corporations for the underlying claims. The insurance policies did not contain choice-of-law provisions; as a federal court sitting in I... More...   $0 (08-08-2008 - IN)

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer’s computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.

I. BACKGROUND These consolidated appeals involve two law suits that arose from th... More...   $0 (08-04-2008 - PA)

¶ 1. This is the latest appeal in a long-running dispute over the remediation of environmental contamination of a property formerly owned by plaintiff/appellant Richard Towns in the Town of Johnson. The parties have cross-appealed from a series of trial court rulings relating to the availability of insurance coverage for the costs of investigation and abatement of the contamination u... More...   $0 (08-03-2008 - VT)

¶ 1. Defendants Mitec Electronics Limited, Mitec Telecom Incorporated, and Myer T. Bentob appeal from a series of adverse superior court orders in a declaratory-judgment action concerning insurance coverage filed by plaintiff Northern Security Insurance Company (NSIC). Defendants’ claims of error fall into three general categories: (1) jurisdictional; (2) the interpretation of a general releas... More...   $0 (08-03-2008 - VT)

Kansas City Southern Railway Company ("KCS") appeals from a take nothing judgment entered by the trial court after a bench trial on its claims against Missouri Pacific Railroad, Individually and d/b/a Union Pacific Railroad Company, Union Pacific Railroad Company, and Union Pacific System (collectively "Union Pacific"). A bench trial followed after we reversed and remanded a summary judgment that ... More...   $0 (07-26-2008 - TX)

Plaintiff, Travelers Casualty & Surety Company, filed suit against defendants, James A. and Barbara B. Bowman, for breach of a written indemnity agreement relating to performance bonds. The circuit court of Kane County granted the Bowmans’ motion to dismiss, finding the cause of action time-barred by the four-year statute of limitations in section 13–214(a) of the Code of Civil Procedure (Code... More...   $0 (07-24-2008 - IL)

This case concerns responsibility for the cleanup of the contamination of the bed of Penobscot River in Bangor, Maine, known as Dunnett's Cove, under the federal Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq.

Specifically, we are being asked to overturn the district court's approval, after nearly five years of litigation,... More...   $0 (07-22-2008 - ME)

Plaintiff AGA Fishing Group Limited (“AGA”) was forced to sell the Georgie J, a scallop fishing vessel, and its scallop license to settle claims against AGA after a crewman suffered debilitating injuries aboard the vessel and recovered a substantial award under the Jones Act. AGA was insured through Defendant Flagship Group, Limited (“Flagship”), but the seaman’s award far exceeded the P... More...   $0 (07-22-2008 - MA)

Standard comprehensive liability insurance policies provide that the insurer must both indemnify and defend the insured against claims within the scope of the policy coverage. The insurer’s duty to defend is broader than its duty to indemnify. The latter duty runs only to claims that are actually covered by the policy, while the duty to defend extends to claims that are merely potentially covere... More...   $131274 (07-21-2008 - CA)

[¶1.] James and Carol DeHaven (DeHavens) appeal from a judgment declaring that Don and Sherrie Hall (Halls) possess a permanent right-of-way easement over DeHavens' property, ordering Halls to reasonably maintain and repair the easement, and granting DeHavens $2,358 in damages as well as taxation of disbursements. Halls filed a notice of review. We affirm in part, reverse in part, and remand.
... More...   $0 (07-19-2008 - SD)

Plaintiffs Certain Underwriters at Lloyd’s, London, and Certain London Market Insurance Companies1 sought a judicial declaration of their obligations under reinsurance and direct insurance contracts involving defendant Astro Limited (Astro), serving as both the reinsured and direct, captive insurer, and defendant Boeing Company (Boeing), the direct insured. The circuit court of Cook County grant... More...   $0 (07-18-2008 - IL)

In this personal injury case, the jury’s damages award included the full amount of plaintiff’s billed medical expenses. At issue is whether the trial court erred in reducing the jury’s award of medical expenses to the amount actually paid by Medicaid and Medicare in full settlement of the bills. In addressing this issue, we will answer questions about the operation of the collateral source r... More...   $0 (07-17-2008 - IL)

This action was brought by federal crop insurance provider American Growers Insurance Company (Insurer), alleging that the Federal Crop Insurance Corporation (FCIC) erred under 7 U.S.C. § 1508(j)(3) by adding prevented planting coverage to basic federal crop insurance policies without increasing the premium rate that the insurance company could charge. Both sides filed motions for summary judgmen... More...   $0 (07-15-2008 - IA)

Sony Computer Entertainment America, Inc. appeals the district court’s summary judgment in favor of defendants American International Specialty Lines Insurance Company and American Home Assurance Company. Sony sued the sister insurance companies for failing to indemnify and defend it in a class action suit alleging product defects in a video game system known as the Sony PlayStation 2. The distr... More...   $0 (07-15-2008 - CA)

We consider whether the standard Adjusted Gross Revenue Insurance Policy, a policy which provides crop revenue insurance pursuant to the Federal Crop Insurance Act, incorporates and mandates the claim adjustment procedures set forth in the Federal Crop Insurance Corporation’s Adjusted Gross Revenue Standards Handbook. We hold that it does.

JURISDICTION

The district court had jurisd... More...   $0 (07-14-2008 - )

¶1 Claimant, David Stenhouse, seeks review of the workers' compensation court's order denying his claim for benefits from the Multiple Injury Trust Fund for lack of prosecution. After review, we vacate the order and remand for further proceedings.

FACTS

¶2 Claimant filed his Form 3 in January 1999, alleging he had suffered a compensable work-related injury on December 3 and 8, ... More...   $0 (07-10-2008 - OK)

The sole issue in this certified appeal is whether the trial court properly refused to charge the jury on the defendant’s special defense of late notice in this action for breach of an insurance contract. The defendant, Hartford Fire Insurance Company (Hartford), appeals, following our grant of certification,1 from the judgment of the Appellate Court, which affirmed the judgment of the trial cou... More...   $0 (07-08-2008 - CT)