Royal Indemnity and Federal Insurance sued FM Global on an indemnity theory claiming that they were forced to pay Deere & Co. for the losses it sustained as a direct result of a fire in a warehouse owned by their insured in which $70 million in machinery and equipment was stored that was destroyed on February 20, 2001. The plaintiffs contended that an on-site inspection by FM Global failed to... More...   $39500000 (05-12-2007 - IA)

In 1997, Menor, who was employed by Sunstate Equipment, was driving in a vehicle owned and insured by Sunstate, when a vehicle drive... More...   $0 (05-03-2007 - CO)

On August 26, 1999, Defendant Knox Glass Company (Knox), with the assistance of Plaintiff Otis Elevator Company (Otis), attempted to transport a large piece of glass on top of an elevator car ("a car top move") in a building owned and managed by MRO Southwest (MRO).(1) During the transport, the glass broke, injuring Raymond Atkinson, a Knox employee. Atkinson sued Otis, claiming its negligence... More...   $0 (04-24-2007 - OK)

This case is before us on certified questions and presents the issue of whether, upon the destruction of the real property included in a life estate, a remainderman is entitled to the proceeds from a fire insurance policy that the life tenant applied for and purchased. Upon our careful consideration of this issue, we determine that under well-established principles of contract law a remainderma... More...   $0 (04-20-2007 - WV)

1 SHIRLEY S. ABRAHAMSON, C.J. This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2003-04).[1] The circuit court for Waukesha County, Mark S. Gempeler, Judge, granted the motion of the third-party defendants, Albertson's, Inc. and Osco Drug, Inc., (collectively referred to as Osco Drug),[2] to dismiss the third-party complaint bro... More...   $0 (04-05-2007 - WI)

Damian Sinclair and Susan Wintermute, former directors of Sinclair National Bank ("SNB"), brought breach of contract claims and tort claims against their insurer, Kansas Bankers Surety Company ("KBS"), arguing that KBS wrongfully refused to indemnify and defend them under a Directors, Officers and Employees Indemnity and Bank Lender Liability Policy DL 1859 AR ("D&O Policy"). The district c... More...   $0 (03-07-2007 - MO)

Adair sought indemnity from St. Paul for a $2.5 million arbitration a... More...   $0 (02-26-2007 - CO)

This is the case of the floundering foundations. In October 2001, the Haires purchased a home at 6202 Snow Ridge Court in the Hunter Pointe subdivision of Arlington. The Haires bought the residence in "as is" condition from Prudential Relocation. Sovereign Homes Corporation ("Sovereign") built the residence in question. NWC was the developer of the subdivision and according to NWC, it had n... More...   $0 (02-26-2007 - TX)

Insulation Distributors, Inc. (IDI) was a distributor of products containing asbestos, and as a result became a defendant in a number of lawsuits. In this case, IDI was su... More...   $0 (02-22-2007 - NY)

Laredo Medical Group ("LMG") appeals the trial court's judgment awarding Gloria Jaimes, as next friend of Luis Angel Jaimes, damages for injuries sustained by Luis during childbirth. LMG presents three issues on appeal contending: (1) Gloria failed to establish respondeat superior liability against LMG; (2) the damages should be capped due to LMG's status as a charitable organization; and (3) ... More...   $2800000 (02-02-2007 - TX)

Harold L. Bostick suffered severe, disabling injuries while working out at Gold's Gym, Inc. (Gold's Gym) on weight-lifting equipment manufactured by Flex Equipment Company, Inc. (Flex). Bostick sued both Flex and Gold's Gym. Gold's Gym cross-complained against Flex for equitable indemnity. The cross-complaint was severed for separate trial. Prior to the conclusion of the trial on the comp... More...   $3274966 (01-31-2007 - CA)

This case presents the question whether a liability insurer providing coverage for "advertising injury" and "property damage" is required to defend its insured in an action charging the insured with sending unsolicited advertisements to fax machines in violation of the federal Telephone Consumer Protection Act of 1991 (TCPA) (47 U.S.C. § 227(b)(1)(C)), and with invasion of privacy caused ... More...   $0 (01-31-2007 - CA)

Up... More...   $0 (01-27-2007 - DC)

In March 1987, Ives and Murrill purchased Regional Holding Company, Inc. (Regional). In June 1994, McGannon approached I... More...   $95078 (01-25-2007 - KS)

Appellant Center Trust Retail Properties, Inc. owned a Los Angeles retail mall in which the Gumboz Creole Cajun restaurant was a ten... More...   $0 (01-24-2007 - CA)

[1.] This decision consolidates two separate appeals from two different cases in adjoining counties. The cases were considered by different circuit court judges and arose from a single car accident. A Meade County case involving Jerity Krambeck's (Krambeck) insurance carrier was settled and dismissed with prejudice. When counsel for a Butte County case brought by Krambeck moved to set aside tha... More...   $0 (01-23-2007 - SD)

This petition for writ of mandate presents an issue of first impression in this state: The meaning of "occurrence" in a commercial general liability (CGL) policy as applied to bodily injuries caused by exposure to asbestos. We conclude that, as used in the policies at issue, "occurrence" means injurious exposure to asbestos, not the manufacture and distribution of those products. Accordingl... More...   $0 (01-10-2007 - CA)

This appeal raises issues concerning whether a directors and officers (D&O) liability policy covers a breach of contract claim where an officer entered into a contract without stating that he was acting on behalf of the corporation. The corporation subsequently disputed liability under the contract, and the other contracting party brought suit against the corporation and the officer, seekin... More...   $0 (01-09-2007 - CA)

¶1 The dispositive issue on certiorari is whether the plaintiff (condominium unit owner) has a claim against the condominium association's insurer whose policy was issued to the (condominium owners') association. We answer in the negative and hold that the trial court's dismissal of the claim is error-free.

I

THE ANATOMY OF LITIGATION

¶2 The plaintiff, Dr. June C. May (Owner... More...   $0 (12-19-2006 - OK)

A federal jury ruled against Caldwell Tanks, Inc., the builder of a water tank, in an action it had instituted against Haley & Ward, Inc. (Haley), the engineer on the water tank project. Haley had counterclaimed for indemnification of its expenses in defending the action against Caldwell, relying on a broadly worded indemnity agreement that ran from Caldwell as builder, to both the water tank o... More...   $175000 (12-15-2006 - MA)

Before reviewing that ruling, we remark the confusion in the parties' briefs concerning the elements of the diversi... More...   $0 (12-01-2006 - WI)

Appellants, Hong Kong Development, Inc. ("HKDI"), Hai Du Duong ("Duong"), and Phuong Truong Tu ("Tu") (collectively, "appellants"), appeal from a judgment, rendered upon a jury verdict, in favor of Kim Loan Nguyen ("Nguyen") for $15,312.58 in actual damages against HKDI and Duong, jointly and severally; $200,000 in punitive damages against each of HKDI and Duong; and $79,900 in attorney's fees ... More...   $0 (11-10-2006 - TX)

This appeal asks whether Florida law requires insurers, Hartford Accident and Indemnity Company, Hartford Casualty Insurance Company, and Twin City Fire Insurance Company (collectively, "Hartford"), to defend their insured, Donald C. Beaver, against a class action suit in which the class has not yet been certified by the state court and the only potentially covered claims are by putative cl... More...   $0 (10-17-2006 - FL)

[1] The beneficiaries of a trust filed a complaint against their trustee, Wells Fargo Bank Wyoming, N.A. (Wells Fargo), claiming it breached its fiduciary duties. After a bench trial, the district court held generally for the beneficiaries. Wells Fargo appealed, asserting several points of error in the trial court's findings. The beneficiaries filed a cross-appeal claiming error in the tria... More...   $0 (10-13-2006 - WY)

In this diversity case, appellee Travelers Indemnity Company of Illinois ("Travelers") seeks to recover under a motor vehicle liability policy that OneBeacon America Insurance Company and Pennsylvania General Insurance Company (collectively, "OneBeacon") had issued to Leasing Associates, Inc. and LAI Trust (collectively "LAI"), a vehicle leasing agency. Footnote Travelers settled a vehicle lia... More...   $0 (10-10-2006 - MA)