Where Jimi Redman and Lynn Harrison, who did not know each other, were driving side-by-side when a witness saw Redman blowing kisses and making hand gestures toward Harrison and where, at a stoplight, Redman pointed a rifle at Harrison and ...
Read More »Insurance – False Claims Act suit triggers ‘medical incident’ coverage
Where the policy covers “damages resulting from a claim arising out of a medical incident,” a false claims act suit alleging billing for services that were not rendered was within the scope of coverage because the “failure to render” services ...
Read More »Insurance – Civil Practice – Construction Defect Litigation – Intervention – Declaratory Judgment
Given the extra burden it would have placed on plaintiffs and the conflict of interest it would have imposed on defense counsel, the trial court did not abuse its discretion in declining to allow defendants’ insurers to intervene in this ...
Read More »Insurance – Contract – Civil Practice – Consent to Jurisdiction – Venue
In the parties’ insurance policy’s “Service of Suit” provision, the defendant-insurer says that, if it fails to pay a claim, it will, “at the request of the Insured … submit to the jurisdiction of any court of competent jurisdiction with ...
Read More »Insurance – Two holes-in-one are unlucky for PGA tournament host
Where the sponsor of a PGA tournament accepted the terms of a policy that insured payouts for a hole-in-one at least 170 yards in distance, its claims that the insurer breached duties by failing to obtain a policy covering ...
Read More »Insurance – Two holes-in-one are unlucky for PGA tournament host
Where the sponsor of a PGA tournament accepted the terms of a policy that insured payouts for a hole-in-one at least 170 yards in distance, its claims that the insurer breached duties by failing to obtain a policy covering holes-in-one ...
Read More »Insurance Auto – UM Claims Denial – Statutory Prerequisite – Summary Judgment Stage
In its pleadings, the defendant-insurer asserted that plaintiff could not recover on its uninsured motorist claims because defendant provided only excess coverage. Defendant waited until the summary judgment stage to argue that plaintiff’s claims failed because plaintiff had not sued ...
Read More »Insurance – Auto – UM Claims Denial – Statutory Prerequisite – Summary Judgment Stage
In its pleadings, the defendant-insurer asserted that plaintiff could not recover on its uninsured motorist claims because defendant provided only excess coverage. Defendant waited until the summary judgment stage to argue that plaintiff’s claims failed because plaintiff had not sued ...
Read More »Insurance – Auto – Baby’s Death – Left in Truck – Causal Link – Use for Transportation – Baby’s Residency
When a father forgot to take his 13-month-old baby, “S.G.,” to day care and instead left her in her car seat in the back seat of his truck while he went in to work, S.G. died of hyperthermia. Because the ...
Read More »Insurance – Business Auto – Repossessed Vehicle – Detailer – Duty to Defend
In an underlying lawsuit, plaintiff alleged that Johnny Jones caused an accident while driving a repossessed vehicle that his company had been hired to detail for American Acceptance Corporation, to which the defendant-insurer had issued a business auto policy. Viewing ...
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