Indemnity Law
 
Sandra Back v. Winfield-Foley Fire Protection District

Sandra Bach ("Bach") appeals from the trial court's judgment of $15,000 against defendant, Winfield-Foley Fire Protection District ("Winfield"), and Winfield cross-appeals from the judgment. Bach argues the trial court erred in giving instruction numbers 7, 8, 9, 10, and Verdict A and in refusing Bach's instructions B, C, and "refused" Verdict A because any negligence of the driver, Samuel E. M... More...   $0 (10-18-2007 - MO)

Mid-Continent Insurance Company, Appellant, v. Liberty Mutual Insurance Company, Appellee

This dispute between one primary liability insurer and another primary insurer that also provides the applicable excess insurance policy comes to us on certified questions from the United States Court of Appeals for the Fifth Circuit. Pursuant to article V, section 3-c of the Texas Constitution and Texas Rule of Appellate Procedure 58.1, we answer the following questions:

1. Two... More...   $0 (10-15-2007 - TX)

Waste Management v. Transcontinental

A garbage truck loaded by Waste Management of Minnesota, Inc. ("WMCo"), and driven by Chad Trenhaile jumped a highway median, rolled over, and struck the car of Brian and Ellen Ross, injuring the Rosses and Trenhaile. The Rosses commenced a state court damage action against WMCo, Trenhaile, and additional parties we will refer to as the trucking defendants. WMCo's primary liability insuran... More...   $3050000 (09-28-2007 - MN)

Davar Jafari v. EMC Insurance Companies, et al.

This is a coverage action by an insured against his insurer stemming from an action in which a customer sued the insured for, among other claims, assault and battery committed by the insured's business's manager in an altercation with the customer on the business' premises. The insurer moved for summary judgment claiming the manager's actions allegedly taken in self-defense were neverthel... More...   $0 (09-26-2007 - CA)

Allstate Insurance Co., et al. v. Receivable Finance Company, LLC, et al.

This appeal results from a jury verdict rendered in favor of plaintiffs–appellees Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company (collectively, "Allstate"),1 Boston Old Colony Insurance Company, and The Glens Falls Insurance Company (collectively, "Encompass"2). The jury awarded Allstate $2,750,000.00 and Encompass $95,000.00 in dama... More...   $3058300 (09-25-2007 - TX)

Robert Trotter Gift Fund for Thomas U/A/D 5-3-81, a/k/a Robert Trotter Gift Trust for Thomas U/A/D 5-3-82, and Thomas S. Trotter v. Trinity Universal Insurance Company

This appeal arises from an insurance coverage dispute under a Commercial General Liability (CGL) policy. After he was sued by several lot owners in a subdivision he had developed, appellant Thomas S. Trotter, who had acted through the Robert Trotter Gift Fund for Thomas U/A/D 5-3-81 (collectively, "Trotter"), requested a defense and indemnity under his CGL policy with Trinity Universal Insuranc... More...   $0 (09-13-2007 - TX)

J.R. Hale Contracting, Co., Inc. v. Union Pacific Railroad

{1} Subcontractor J.R. Hale Contracting Co., Inc. (Hale) sued to enforce a lien claim for labor and materials against owner Union Pacific Railroad (Union Pacific), claiming breach of contract against general contractor K.B. Alexander Co. of Texas, Inc. (Alexander), and also claiming a right to recover in quantum meruit against Union Pacific and Alexander (Defendants). The dispute centered on ... More...   $0 (09-12-2007 - NM)

[1] Superior, Inc. ("Superior") appealed from summary judgment dismissing its action against Behlen Manufacturing Co. ("Behlen"). Superior argues the district court erroneously concluded that its claim was time barred by the four-year statute of limitations governing contracts for the sale of goods. Superior also contends the district court erred when it failed to apply the doctrines of equit... More...   $0 (09-08-2007 - ND)

El Escorial Owners' Association, et al. v. DLC Plastering, Inc., et al.

Defendants are found liable for negligence in a multiparty construction defect case. The trial court gives them partial credits for their damages paid in good faith settlements before trial by jointly liable defendants. This assures a fair and appropriate distribution of damages. Plaintiff does not receive a double recovery. Nor do the nonsettling defendants bear a disproportionate share ... More...   $0 (09-06-2007 - CA)

SHIHCHE E. LIN, INDIVIDUALLY AND D/B/A APTUS COMPANY, AND SUNG-PING H. LIN, v. METRO ALLIED INSURANCE AGENCY, INC. AND C. MICHAEL MCGLOTHLIN

A jury found that Metro Allied Insurance Agency, Inc. and C. Michael McGlothlin (collectively "Metro") negligently and in violation of the Texas Deceptive Trade Practices Act ("DTPA"), caused damages to Shihche E. Lin, individually and d/b/a Aptus Company, and Sung-Ping H. Lin (collectively "Lin"). Metro moved for and was granted a Judgment Notwithstanding the Verdict ("JNOV") ordering that Li... More...   $300000 (09-05-2007 - TX)

Holly Parsons, a minor, by her guardian ad litem, John C. Cabaniss, et al. v. American Family Insurance Company, et al.

1 Holly Parsons appeals from an order that dismissed all claims against Peter and Jennifer Klug for injuries Parsons suffered in an automobile accident. The court held that when Parsons cashed the $100,000 check that followed an offer of judgment, she released the Klugs from all liability arising from the accident. The court dismissed all claims against the Klugs. Parsons argues that t... More...   $0 (08-29-2007 - WI)

Intri-Plex Technologies, Inc. v. The Crest Group, Inc., et al.

Appellant Intri-Plex manufactures computer disk drive components called "baseplates."2 Compl. 1. Intri-Plex sells finished baseplates to manufacturers of component parts for computer disk drive assemblies. Appellee Crest manufactures and sells ultrasonic cleaning equipment, including hot air dryer consoles, which are used by manufacturers in the computer disk drive industry. Intri-Plex ... More...   $0 (08-28-2007 - CA)

Integrated Project v. HMS Interiors

1 Integrated Project Services ("General Contractor") appeals from the June 13, 2005 order that granted the motion for judgment on the pleadings filed by HMS Interiors, Inc. ("Subcontractor"), on the basis that Subcontractor was not contractually obligated to indemnify General Contractor for liability incurred after Subcontractor's employee, Joseph Lloyd, sustained injuries on the constr... More...   $0 (08-16-2007 - PA)

John Johnson v. Allstate Indemnity Company

John Johnson sued Allstate Indemnity Company on a defamation theory for accusing him of fraud in the presentation of a claim for a fire that destroyed Johnson's home, located seven miles north of Salem, on July 9, 2002.

Defendant asserted truth as its defense. ... More...   $1000000 (08-10-2007 - MO)

Frontier Oil Corporation, et al. v. RLI Insurance Company

Frontier Oil Corporation (Frontier) and its wholly-owned subsidiary, Wainoco Oil & Gas Company (Wainoco), appeal a summary judgment in favor of RLI Insurance Company (RLI). Frontier and Wainoco contend RLI has a duty to defend them in several personal injury actions arising from the operation of an oil and gas production facility adjacent to Beverly Hills High School in Beverly Hills, Calif... More...   $0 (08-09-2007 - CA)

United States Brass Corporation v. Dormont Manufacturing Company

Plaintiff United States Brass Corporation (USB) appeals from the district court's order granting summary judgment in favor of defendant Dormont Manufacturing Company (Dormont) on USB's claims for contractual and common law indemnity. The district court's jurisdiction arose under 28 U.S.C. § 1332(a), and our jurisdiction is pursuant to 28 U.S.C. § 1291. We affirm the summary judgment order conce... More...   $0 (08-04-2007 - CO)

MCALESTER FUEL COMPANY v. SMITH INTERNATIONAL, INC.

Tulsa, Oklahoma personal injury lawyer represented Plaintiff.


McAlester, an oil and gas company, contacted Smith to determine whether Smith could provide "sidetrack" drilling services on an offshore oil and gas well. In response, Smith e-mailed price quotes for three different drilling methods to McAlester. These price quotes were contained in documents attached to the e-mail. On ea... More...
   $298600 (07-28-2007 - TX)

Laila Snead v. Society for the Prevention of Cruelty to Animals of Pennsylvania

This matter involves cross-appeals following a jury trial in which defendant, Society for the Prevention of Cruelty to Animals of Pennsylvania ("SPCA"), was found liable for euthanizing the dogs belonging to plaintiff, Laila Snead ("Snead"). The jury awarded Snead $154,926.37, including $100,000 in punitive damages. We affirm the judgment in part, reverse in part, and remand for further p... More...   $154926 (07-17-2007 - PA)

Marquez Knolls Property Owners Association, Inc. v. Executive risk Indemnity, Inc., et al.

An endorsement in a liability insurance policy issued to a non-profit property owners association excluded coverage of claims for wrongful acts based on the design or construction of any structure. We conclude the exclusion did not preclude coverage of a lawsuit brought by a member against the association asserting claims of fraud and breach of duty. The member's claims were not based on ... More...   $0 (07-16-2007 - CA)

William Gary Smith v. Thomas A. Layon, et al.

1 Defendants represented Plaintiff in a negligence action involving a 1997 automobile accident. The accident involved a vehicle owned by Accurate Auto Sales and driven by Nathan Hostetler, the sole owner of Accurate. The insurer for Accurate accepted liability. Plaintiff settled the action in exchange for payment of the policy limit of Accurate's insurer. The settlement agreement clearly stated... More...   $0 (06-28-2007 - OK)

Caliber One Indemnity Company v. Wade Cook Financial Corporation and Diana K. Carey

This case arises from a commercial property insurance policy Plaintiff-Appellee Caliber One Indemnity Company ("Caliber One") issued to the Defendant Wade Cook Financial Corporation ("Cook"). Cook - through its trustee Diana K. Carey - appeals the district court's summary judgment under Washington law that the insurance contract between Cook and Caliber One limited earthquake coverage... More...   $0 (06-26-2007 - WA)

Kenneth E. BENNETT, Richard K. Bennett, James M. Hendershot, and Robert N. Parker, III, Plaintiffs, v. INVESTORS TITLE INSURANCE COMPANY, Defendant. Investors Title Insurance Company, Appellant, v. Crescent Resources, LLC; Bristol, LLC and CBS Surveying & Mapping, Inc., Defendants, Of Whom Crescent Resources, LLC is the Respondent

On December 28, 2001, Crescent conveyed 47.82 acres of real property in Oconee County (the Property) to Bristol, LLC, for $2.5 million. The deed from Crescent to Bristol (the Deed), entitled "Special Warranty Deed," contains a granting clause referring to an attached property description, which, in turn, incorporates a plat (the Plat). CBS Surveying and Mapping, Inc., prepared the Plat fo... More...   $0 (06-12-2007 - SC)

Mark Five Construction, Inc., et al. v. Castle Contractors, et al.

Mark Five Construction, Inc., t/u/o American Economy Insurance Company, ("Mark Five") appeals the judgment of the Circuit Court of Fairfax County which sustained a demurrer filed by defendants Castle Contractors and James W. Finley, Jr. Mark Five contends the circuit court erred because the amended motion for judgment filed by Mark Five asserted a "good cause of action" for indemnity un... More...   $0 (06-08-2007 - VA)

Mark Five Construction, Inc., to the use of American Economy Insurance Co. v. Castle Contractors, et al.

Mark Five Construction, Inc., t/u/o American Economy Insurance Company, ("Mark Five") appeals the judgment of the Circuit Court of Fairfax County which sustained a demurrer filed by defendants Castle Contractors and James W. Finley, Jr. Mark Five contends the circuit court erred because the amended motion for judgment filed by Mark Five asserted a "good cause of action" for indemnity unde... More...   $0 (06-08-2007 - VA)

World Trade Center v. Swiss Re, et al.

Governor Eliot Spitzer and State Insurance Superintendent Eric R. Dinallo announced today that Silverstein Properties and seven insurance companies have reached a $2 billion settlement of all outstanding insurance claims arising from the destruction of the World Trade Center. The agreement, the largest in regulatory history, ends almost six years of legal battling and removes the last major obs... More...   $2000000000 (05-24-2007 - NY)

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AK Morlan
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