This is a summary judgment case involving certain excess general liability insurance policies. The controlling issue we decide is whether there is coverage under the policies for damages allegedly caused by the insured's breach of a contractual duty. Underwriters at Lloyd's of London contends the trial court erred in granting summary judgment in favor of its insured, Gilbert Texas Construction,... More...   $0 (01-05-2008 - TX)

The parties stipulate that Bree A. Lorant ("defendant") ... More...   $0 (01-04-2008 - NC)

Defendant-Appellant Fireman's Fund Insurance Company ("Fireman's Fund"), appeals from the order of the Circuit Court of the First Circuit ("circuit court") filed August 29, 2001, granting partial summary judgment in favor of Plaintiff-Appellee Del Monte Fresh Produce (Hawaii), Inc. ("Del Monte Fresh"), and denying Fireman's Fund's motions for summary judgment. (1) On appeal, Fireman's Fund pres... More...   $0 (12-29-2007 - HI)

Plaintiffs Cindy and Steve Hailey challenge a judgment entered after the trial court (1) sustained demurrers to their cause of action for intentional infliction of emotional distress without leave to amend, (2) granted summary judgment in favor of defendants California Physicians' Service, doing business as Blue Shield of California (Blue Shield) on the Haileys' claims for breach of contr... More...   $0 (12-26-2007 - CA)

Plaintiff Yvonne Warfield (Yvonne),1 a resident of a residential care facility for the elderly, brought an action against Summerville Senior Living, Inc. dba Summerville at Brookhurst (Summerville) for elder abuse and other claims. Summerville filed a petition to compel arbitration, based on an arbitration agreement Yvonne's husband had signed. The trial court denied the petition and Summ... More...   $0 (12-26-2007 - CA)

2 In 2001, an insured o... More...   $0 (12-19-2007 - AZ)

Plaintiffs and appellants Richard and Miles Stellar appeal from a grant of summary judgment entered in favor of defendant and respondent State Farm General Insurance Company (State Farm). The trial court ruled that no triable issue of fact existed and that State Farm was entitled to judgment as a matter of law. We affirm. The undisputed evidence established that State Farm owed no duty to... More...   $0 (12-19-2007 - CA)

1 William Rothstein, an expert skier, sustained injuries when he collided with a retaining wall while skiing at Snowbird Ski Resort. He sued Snowbird, claiming the resort's negligence caused his injuries. The district court granted Snowbird's motion for summary judgment and dismissed Mr. Rothstein's ordinary negligence claim. The district court agreed with Snowbird that Mr. Rothstein ha... More...   $0 (12-18-2007 - UT)

In 2002 and 2003, defendant, Rosemont Exposition Services, Inc. (RES), maintained liability insurance policies with plaintiff, West Bend Mutual Insurance Company (West Bend). In August of 2003, after two former employees brought suit against RES for defamation and retaliatory discharge, RES tendered a claim for coverage to West Bend pursuant to its policies. West Bend agreed to defend RES... More...   $0 (12-17-2007 - IL)

1 DYKMAN, J. Capwin 19, LLC, appeals from an order granting summary judgment to Michael Zingg and Parsons Investments, LLC in Capwin's action against Zingg and Parsons for breach of contract. Capwin contends that the trial court erroneously granted summary judgment to Zingg and Parsons based on their affirmative defense that Capwin anticipatorily breached the contract for the sale of ... More...   $0 (12-17-2007 - WI)

Plaintiffs are former employees of the National Latex Products Company ("NLP") and former participants in and beneficiaries of the National Latex Products Company Employee Welfare Benefit Plan ("Plan"). They brought suit under § 502(a)(2) and § 502(a)(3) of the Employee Retirement Income Security Act ("ERISA") against several parties after those parties allegedly breached fiduciary duties t... More...   $0 (12-16-2007 - OH)

Boeing contends it was entitled to a defense by Continental in an underlying action because it qualified as an additional insured... More...   $0 (12-14-2007 - CA)

In this contractual indemnity case, Reece Albert, Inc. ("Reece") and Contractor's Service Company ("CSC") filed cross-motions for summary judgment. In two issues, Reece appeals the trial court's grant of CSC's motion and contends that (1) the trial court erred in ruling that the parties' indemnity agreement is ambiguous, and, thus, unenforceable, and (2) the words omitted from the "trigger" por... More...   $0 (12-14-2007 - TX)

In this case, we decide whether certain claims pleaded as breach-of-fiduciary-duty and fraud claims are really impermissibly fractured professional negligence See Footnote 1 claims barred by the two-year statute of limitations. Karen Brock Murphy, Amelia Brock Banner, and Jody Brock Irwin, individually and as co-independent executors of the estate of Doris Berglund Brock and as co- trustees ... More...   $0 (12-14-2007 - TX)

This matter comes to us on the appeal of the defendants, Natale Ritacco, Pasquale Ritacco, Frank Scavello, Salvatore Scavello, Louis Scavello, Josepha Ritacco, Domenic Capizzano, and Rose Capizzano (collectively defendants), from a Superior Court judgment in favor of the plaintiffs, Paul F. Nardone and Betty Jo Nardone (collectively plaintiffs). This case came before the Supreme Court for o... More...   $0 (12-13-2007 - RI)

[1] Joshuia C. Ryder and Nettie A. Ryder appeal from a summary judgment entered in the Superior Court (Penobscot County, Hjelm, J.) on their complaint for a declaratory judgment to determine the existence of underinsured coverage under a policy with USAA General Indemnity Company. They contend that the court erred when it concluded that their bystander claims for negligent infliction of ... More...   $0 (12-13-2007 - ME)

Plaintiffs, Kajima Construction Services, Inc. (Kajima), a general contractor, and its insurer, Tokio Marine and Fire Insurance Company (Tokio), filed a declaratory judgment action in the circuit court of Cook County against St. Paul Fire and Marine Insurance Company (St. Paul) seeking reimbursement of funds that Tokio had paid to settle an underlying personal injury lawsuit. The parties... More...   $0 (12-11-2007 - IL)

Plaintiff Brian Perez appeals from a judgment on his complaint against defendants Uline, Inc., Patrick Shea, Mike Donaghy, and Salvador Alcaraz for wrongful termination, breach of oral contract, failure to pay overtime wages in violation of the statute, and defamation, claiming the court erred in enforcing a severance agreement that was against public policy contained in, among other thin... More...   $0 (12-09-2007 - CA)

In these two consolidated appeals we consider whether a plaintiff who has alleged no injury to himself has standing to bring suit under the Medicare Secondary Payer statute, 42 U.S.C. § 1395y(b)(3)(A). Because we conclude that the suit authorized by the statute is a private cause of action, which requires the plaintiff to have standing in his own right, rather than a qui tam statute, which ... More...   $0 (11-28-2007 - AR)

On October 11, 2002, Ernest Edwards suffered injuries during a hunting excursion when a safety harness securing him to a tree malfunctioned, causing him to fall seventeen feet to the ground. On July 9, 2004, Edwards filed suit in the federal district court in Maine against the safety harness's manufacturer, Game Tracker, Inc. (Edwards' wife was also a plaintiff in the action but nothing turns o... More...   $0 (11-14-2007 - ME)

Appellant Augustus Lartius d/b/a LPM Homes of Ames and d/b/a Lartius Property Management (Lartius) appeals from the district court's entry of a summary judgment ordering him to indemnify Crane Rental & Rigging Company Inc. (Crane Rental) for money paid on its behalf by appellee Employers Mutual Casualty Company (Employers), now subrogee as Crane Rental's liability insurance carrier. Lartius c... More...   $0 (11-08-2007 - IA)

Oneida Erecting, Inc. appeals from orders entered after the trial court granted summary judgment in favor of Hunzinger Construction Company dismissing Oneida's employee, Gerald Stenulson's, personal injury claim against Hunzinger on the basis of an indemnification provision in the contract between Hunzinger and Oneida. Oneida contends that the contract relied on was not in effect at the time... More...   $0 (11-06-2007 - WI)

1. BURGESS, J. Plaintiffs Richard and Dianne Hubbard, on behalf of themselves and the estate of their child, Seth, appeal the superior court's summary judgment in favor of their auto insurance carrier, Metropolitan Property and Casualty Company. Seth died while a passenger in a car driven by another boy who lost control and crashed in a single-car accident. After the accident, p... More...   $0 (11-02-2007 - VT)

1 James Gordon "V.J." Berry was seriously injured while competing in a ski race. He sued the parties connected with the event, including Park City Mountain Resort (PCMR), the site where the race was held. The district court granted PCMR's motions for summary judgment and dismissed Mr. Berry's claims for ordinary negligence, gross negligence, and common law strict liability. We affirm in... More...   $0 (10-30-2007 - UT)

Breach of contract, negligence and contractual indemnity. Plaintiff settled a bad faith case in an underlying action and sought to recover its bad faith settlement proceeds from Defendants.... More...   $1000000 (10-25-2007 - OK)