2 This c... More...   $0 (10-05-2006 - OK)

Steamship Mutual Underwriting Association ("Steamship") appeals from a district court's final judgment awarding Steamship the principal sum of $61,186.15 and prejudgment interest in the amount of $3,661.72 to satisfy a maritime lien it held against the M/V Olympic Voyager (the "Voyager" or "vessel"), a cruise ship. Steamship claims that the district court made two basic errors in calculatin... More...   $0 (10-04-2006 - FL)

Plaintiff R.M.D. Corporation (RMD) appeals the district court's dismissal of its claims against Caliber One Indemnity Company (Caliber One). RMD alleges that Caliber One wrongfully denied RMD's insurance claim to recover damages resulting from a fire at a restaurant which floated on a barge. The single issue on appeal is whether RMD's claim was precluded by a contract term that excluded cov... More...   $0 (09-14-2006 - KY)

Plaintiff and appellant Raymond Edwards II (Edwards) was hired by Arthur Andersen LLP (Andersen) in 1997. At the time he was hired, Edwards was required by Andersen to execute a noncompetiton agreement, which prohibited him from working for or soliciting certain categories of Andersen clients for limited periods after his termination. Andersen eventually went out of business and sold its p... More...   $0 (08-31-2006 - CA)

Statutory law permits a condominium homeowners association to bring a construction defect action with respect to damages to the condominium complex. (Civ. Code, § 1368.3; see also former Code Civ. Proc., § 383, repealed by stats. 2004, ch. 754, § 7, p. 4473.) When an action is filed, can an insurer under an occurrence-based commercial general liability policy avoid providing a defense to ... More...   $0 (08-03-2006 - CA)

Appellant, Marine Transport Corporation (Marine), appeals from two motions to dismiss granted in favor of appellees, The Methodist Hospital, the Institute for Preventative Medicine/Methodist Health Care Systems, the Methodist Hospital/Institute for Preventative Medicine Management, Inc. (collectively, Methodist) and Rashid Khan, M.D. Marine contends in its first issue that the trial court erred... More...   $0 (07-24-2006 - TX)

Appellant Pine Oak Builders, Inc., builds homes. Appellees, Great American Lloyds Insurance Co. and Mid-Continent Casualty Co., sold Commercial General Liability (CGL) insurance policies to Pine Oak. Pine Oak was subsequently sued by several homeowners, who alleged damages resulting from faulty construction. Pine Oak brought the present lawsuit to enforce lawsuit defense and liability inde... More...   $0 (07-07-2006 - TX)

1 The question before us in this accelerated review is whether, under these circumstances, plaintiffs' amendment to their petition adding a new party and a new theory of recovery after the expiration of the statute of limitations properly "relates back" under the provisions of 12 O.S. 2001, §2015(C), to the date the action was originally commenced. We find that it does and that the statute was ... More...   $0 (07-05-2006 - OK)

Plaintiff-appellee, State Farm Fire and Casualty Company (State Farm), filed this action seeking a declaration that it owed no duty to defend or indemnify Donya Tyree Hooks (Donya) in an underlying negligence suit file by her former sister-in-law, Sharon Conner Hooks (Sharon). The trial court granted State Farm's motion for summary judgment, finding that the policy's household exclusion applie... More...   $0 (06-22-2006 - IL)

¶1 The dispositive issues presented in these consolidated proceedings are: (1) Do Oklahoma courts have subject matter jurisdiction over an ERISA fiduciary's claim for damages for breach of the subrogation/reimbursement provision of an ERISA-regulated employee benefit plan? and if so, (2) Was plaintiff entitled to summary relief? We answer the first question in the affirmative and the second in th... More...   $0 (06-20-2006 - OK)

{1} Charles Cline and Judith Davis have lived together since 1997. Although they are not married, they have held themselves out to the public as husband and wife. After Davis was involved in an automobile accident, she made a claim for underinsured motorist benefits as a Class I insured under insurance contracts issued only to Cline as the named insured. See Morro v. Farmers Ins. Group, 10... More...   $0 (06-20-2006 - NM)

¶1 The dispositive issue presented in this appeal is whether a statutory physician's lien attaches to the proceeds of a patient's uninsured motorist coverage. We answer in the affirmative.

I THE ANATOMY OF LITIGATION

¶2 Tijuana Johnson (Johnson) was injured in an automobile accident in September 2001. After providing Johnson with accident-related medical treatment, the Broadway Cli... More...   $0 (05-09-2006 - OK)

Respondents H. Kent Desselle and his wife Shirley M. Desselle ("the Desselles") filed an action for breach of contract against Appellant Bob Dulin ("Dulin"), d/b/a Bob Dulin Homes and Bob Dulin Trucking, in the Circuit Court of Jackson County. Dulin answered the petition and brought counterclaims against the Desselles seeking damages arising out of Dulin's construction of a new home for the Des... More...   $0 (05-02-2006 - MO)

A general contractor was sued by a condominium owners association for latent defects in the construction of the condominium complex. The general contractor cross-complained against the painting subcontractor for indemnity. Ultimately, the entire action settled without contribution from the painter, and the painter was voluntarily dismissed without prejudice. The painter then brought the ins... More...   $0 (03-30-2006 - CA)

1 The issue before us concerns the constitutionality of the Oklahoma Municipal Employee Collective Bargaining Act (hereinafter the Act).1 We hold that the Act is a general law of state-wide concern that contains a proper and legitimate classification of municipalities with a population greater than 35,000. This population classification bears a reasonable relationship to the Act's objective cod... More...   $0 (03-18-2006 - OK)

This declaratory judgment case resolved competing interpretations of an indemnity provision in a contract transferring ownership of seismic data. Footnote Appellee and plaintiff below, First Seismic Corporation (First Seismic), prevailed in the trial court on its claim for indemnity against appellants, Devon SFS Operating, Inc. (Devon) Footnote and IMC Global, Inc. (IMC). Trial was to the cou... More...   $0 (02-17-2006 - TX)

Reliance Insurance Company sued Stephen Chitwood and Continental Western Insurance Company for reimbursement for the cost of settling a lawsuit brought by several people injured in a motor vehicle accident involving Mr. Chitwood. The district court granted the summary judgment motions of Mr. Chitwood and Continental Western, and we affirm these orders. We believe, however, that the distric... More...   $41244 (01-11-2006 - MO)

The district judge granted summary judgment for the defendant, Polaris, a manufacturer of snowmobiles and other vehicles, in this diversity suit by ConFold for breach of contract and unjust enrichment. Polaris used to ship its vehicles in disposable containers, but in 1993 it began considering the possibility of using returnable containers instead. ConFold was a new company that wanted t... More...   $0 (01-10-2006 - WI)

Appellants Geyser Products of Wyoming, LLC and Michael Vance (collectively, "Geyser") appeal from the district court's grant of summary judgment in favor of Appellee American National Fire Insurance Company ("American") in a dispute turning on the scope of coverage of an American excess umbrella policy. Geyser seeks recovery under a judgment entered against American's insured, Seven-Up Bottlin... More...   $0 (12-16-2005 - WY)

1 The district court certified, for immediate appeal, an interlocutory order construing the Oklahoma Transportation Authority's 1999 Standard Specifications for Turnpike Construction. The specifications are part of a contract between the Oklahoma Transportation Authority,1 defendant/respondent (Authority), and a highway construction contractor, M. J. Lee Construction Company, plaintiff/petition... More...   $0 (12-14-2005 - OK)

In these appeals, we interpret a long term care insurance policy that Plaintiff Russell Lee Gillogly ("Gillogly") purchased from a predecessor to Defendant insurer General Electric Capital Assurance Company ("GECA").(*) We REVERSE the district court's grant of summary judgment for Gillogly on his claim that GECA breached its contract with Gillogly when it denied his request for benefits under ... More...   $0 (12-14-2005 - OK)

In July 1999, the Casa Eva I Homeowners Association (Casa Eva) filed a complaint for breach of implied warranty of merchantability, breach of implied warranty of fitness f... More...   $242000 (12-09-2005 - CA)

Pursuant to MCR 7.215(J)(3), this special panel was convened to resolve a conflict between this Court's opinion in Environair, Inc. v. Steelcase, Inc., 190 Mich.App. 289, 475 N.W.2d 366 (1991), and the recently issued opinion in Health Call of Detroit v. Atrium Home & Health Care Services, Inc., 265 Mich.App. 79, 695 N.W.2d 337 (2005), vacated in part 265 Mich.App. 801 (2005) (vacating part III of... More...   $0 (11-29-2005 - MI)

In July 2002, during a voyage from Palma de Mallorca, Spain to Newport, Rhode Island, two sailing yachts, the EIVISSA and th... More...   $0 (11-11-2005 - RI)

Plaintiff and appellant William Keith Johnson is an Environmental Protection Agency (EPA) certified HVAC (heating, ventilation, and air conditioning) technician who worked on commercial systems. He sued a number of manufacturers of air conditioning equipment, including American Standard, a number of chemical manufacturers, and a number of chemical suppliers, alleging that he was injured by the pho... More...   $0 (10-17-2005 - ca)