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9 Sep, 2007 7:54 am by Pamela Fasick
... Not Provided Notice to the Insured Could Not Rely Upon an Unusually Broad Interpretation of an Exclusion Clause Essex Insurance Company v. City of Bakersfield (Aug. 27, 2007, F051091, Fifth District) 19 p. opinion In ... (war, intentional injury and environmental pollution, for example). The second category of exclusions are for risks usually covered by other insurance policies. The auto exclusion excludes risks that would normally be covered by automobile liability insurance. However, there is no ...
California Civil Litigation - http://californiacivillitigation.blogspot.com/
25 Aug, 2008 4:05 am
... soil that was not compacted appropriately. After the Walskis sued Stoneridge, Stoneridge sued Essex Insurance Company, its general liability insurer, for insurance coverage for the Walskis lawsuit. The trial court ruled that Essex had an undisclosed conflict of interest, was therefore prevented from denying coverage, and entered summary judgment for Stoneridge. Essex appealed, but Stoneridge asked the appeal to be dismissed for lack of appellate jurisdiction. The trial court had written an ...
Illinois Appellate Lawyer Blog - http://www.illinoisappellatelawyerblog.com/
7 Mar, 2008 11:33 am
... Court answered a question certified to it by Judge J. Leon Holmes of the Eastern District of Arkansas, in Essex Insurance Company v. John Holder et al., No 07-803. Tom and Kara Baumgartner contracted with J&H Enterprises to build their new home. ... workmanship is not an accident; instead, it is a foreseeable occurrence, and performance bonds exist in the marketplace to insure the contractor against claims for the cost of repair or replacement of faulty work." (emphasis supplied).
Arkansas Business Litigation Blog - http://www.arbusinesslitigation.com/
22 May, 2008 12:13 pm
... of a decision from California's Court of Appeal, Second Appellate District (Los Angeles). In Monticello Insurance Company v. Essex Insurance Company (2008) __ Cal.App.4th __ (2008 WL 1851316), the court of appeal affirmed the trial court's ruling that Monticello failed to prove on motion for summary adjudication/judgment that Essex had a duty to contribute to the defense of a general contractor ("GC") in a construction defect case. Monticello was the direct ...
National Insurance Law Forum - http://www.insurancelawforum.com/
12 Nov 8:22 am by scanner1
The Montana Supreme Court has issued an Unpublished Opinion in the following matter: DA 09-0219, 2009 MT 380N, ESSEX INSURANCE COMPANY, Plaintiff and Appellee, v. ACCEPTANCE INDEMNITY INSURANCE COMPANY, Defendant and Appellant.
State Law Library of Montana - http://mtlawlibrary.wordpress.com
23 Jul 11:49 am
... of Appeal (Second Appellate District, Division Two) has issued an opinion which, although unpublished, is a must read for anyone handling an insurance bad faith case involving punitive damages. The jury awarded $682,000 in compensatory damages and $2.5 million in punitive damages (a ratio of 3.7-to-1) against an insurance company for unreasonably denying coverage. The trial court granted a conditional new trial unless the plaintiff agreed to accept a remittitur ...
California Punitive Damages - http://calpunitives.blogspot.com/
2 Feb, 2007 5:31 am by Charles Abut
... official who performs marriages must also perform civil unions for same-sex couples. Major insurance carriers that insure 404 municipalities in legal matters have announced they'll cap payments in civil union ... 25,000. Although they're already protected against paying for intentional violations of the law, these insurance companies fear they'd have to pay for defending against allegations of wrongful civil union discrimination. Meanwhile, one New Jersey mayor contacted by The Star Ledger said he's ...
New Jersey Family Law - http://njdivorceblog.typepad.com/new_jersey_divorce_law_me/
28 Jan 9:21 am
... Canada had provided an insurance policy to the lease company which would be used in the event that the driver allowed his insurance on the leased vehicle to lapse. Kent & Essex cancelled the policy of the driver for non-payment and sent letters to ... been properly cancelled and Lombard Canada's policy was therefore in effect. Lombard Canada argued that Kent & Essex had failed to comply with the statutory conditions for terminating a policy since the cancellation notices were sent to an ...
Canadian Insurance Blog - http://insuranceblog.harpergrey.com/
4 Aug, 2008 9:57 am by Roy A. Mura
... one million dollars immediately and unconditionally, and litigate at a later date the outstanding interest owed; or, alternatively, Essex Insurance Company is willing to pay the one million dollars immediately plus $927,349.13 in interest which has accrued ... trial judgment on May 4, 2005, and post-judgment interest began on that date in the amount of the amended judgment. Essex counter-argued that pre-judgment interest ended with the entry of the amended judgment on October 29, 2007 and that the ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
26 Oct 12:37 pm
... cost of remediation. The sellers won the underlying case and then had a dispute with their insurance company about whether or not the insurance company should pay for the defense of the suit against the sellers pursuant to the terms of an insurance ... have caused the past or existing damage. The Third District agreed with the Second District's in Stoneridge Development v. Essex (which we wrote about here) that claiming the cost of repair and diminished value as damages is actually claiming economic ...
Illinois Construction Law Blog - http://www.illinoisconstructionlawblog.com/
14 Apr 5:25 am by Lucas A. Ferrara, Esq.
... Group, LLC v. Essex Ins. Co., Cataract Sports & Entertainment Group filed suit against its insurance company, Essex Insurance, seeking indemnification in a personal-injury case. (Apparently, Frank Strangio was playing flag football when he stepped ... a rut and was injured on a Cataract owned and operated field.) After the Niagara County Supreme Court granted Essex's request to dismiss the indemnification claim -- on the grounds the parties' agreement didn't cover Strangio's injury -- Cataract ...
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
13 Aug 10:56 am by Goldberg Segalla LLP
... v. NYC Transit Authority Download Economy Premier Ins. Co. v. Jackson Download Essex Ins. Co. v. Professional Building Contractors, Inc. Download Fortune v. Group LTD Plan for Employees of Keyspan Download Galvn v. Provident Life and Accident Insurance Company Download Great American v. National Union Download Harden v. ... Farm Mutual Automobile Ins. Co Download SR International Business Ins. Co. v. Allianz Insurance Co Download Tri-Etch, Inc. v. Cincinnati Ins. Co. Download Turner Construction ...
The Insurance and Reinsurance Report - http://insurancecoverage.typepad.com/insurance_and_reinsurance/
22 Dec, 2006 2:09 am
... 626 A11129A Latimer (MS) -- Relates to authorizing and defining salary protection insurance 625 A11102 Oaks -- Removes extensions 2 and 4 from Sodus Bay ... 527 S7899B SEWARD -- Increases the amount of net premium which a domestic mutual insurance company may expend for management expenses 526 S7818C SPANO -- Authorizes public ... authority 470 S6385 LITTLE -- Provides for electronic appearance by defendants in criminal actions in Essex county 469 S6334B VOLKER -- Amends chp. 185 of 2005, adding section ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
15 Jan, 2008 12:36 am
... imposed on cigarettes 631 A9233 Morelle -- Establishes risk-based and minimum capital requirements for property and casualty insurance companies 630 A9086A Gianaris (MS) -- Directs director of office of homeland security to review of security of commercial ... proprietors under the unincorporated business tax 490 S5989 LITTLE -- Extends until November 30, 2009, the authority of the county of Essex to impose an additional 3/4% sales and compensating use taxes 489 S5981 BRUNO -- Authorizes the Tech ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
29 Oct, 2008 11:09 am by Ken Vercammen NJ Law Blog
... (serving for Commissioner of NJ Department of Transportation) Robert L. Simmons, Counsel, Allstate New Jersey Insurance Company Robert W. Smith, Assistant Director, Municipal Court Services, NJ Administrative Office of the Courts ... notification to increase the accuracy of MVC mailing address data. 21. Monitor the License Restoration Program of the Essex County Vicinage and evaluate its effectiveness as a potential model for other jurisdictions. Implementing these recommendations will require the ...
New NJ Laws articles, ABA newsletters and Community Events - http://njlawsnews.blogspot.com/
30 Apr 1:44 am
... A PROSECUTOR "The Senate Judiciary Committee has recommended confirmation of two nominees to the Superior Court, Donald Kessler for Essex County and Kimarie Rahill for Warren. Kessler, a Democrat, of Short Hills, has been a commercial litigator for ... Plaintiffs in a consumer fraud class action are trying to convince a federal judge in Newark to enjoin a dozen title insurance companies from overcharging home buyers on recording fees. The plaintiffs in Chassen v. Fidelity National Financial, 09-Civ.- ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
4 May 2:38 am
... "Plaintiffs in a consumer fraud class action are trying to convince a federal judge in Newark to enjoin a dozen title insurance companies from overcharging home buyers on recording fees." Bulk Public Records Come at a Price " In a ... Term "The Senate Judiciary Committee has recommended confirmation of two nominees to the Superior Court, Donald Kessler for Essex County and Kimarie Rahill for Warren." Justices Ponder PIP Carrier's Right to Share in Insured's Third-Party Recovery "Lawyers asked the ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
29 Jun, 2008 12:17 pm by Michael Stevens
... privacy policy in the context of employment-related litigation. In December of 2005, Kathleen Niswander's employment with The Cincinnati Insurance Company (CIC) was terminated after CIC learned that Niswander had delivered confidential, proprietary documents to her lawyers ... at Cincinnati 08a0362n.06 Diepenhorst v. Battle Creek Western District of Michigan at Grand Rapids 08a0364n.06 Essex Ins Co v. Fidelity & Guaranty Eastern District of Michigan at Detroit 08a0365n.06 Saneh v. Mukasey Board ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
29 Jun, 2008 12:17 pm by Michael Stevens
... privacy policy in the context of employment-related litigation. In December of 2005, Kathleen Niswander's employment with The Cincinnati Insurance Company (CIC) was terminated after CIC learned that Niswander had delivered confidential, proprietary documents to her lawyers ... at Cincinnati 08a0362n.06 Diepenhorst v. Battle Creek Western District of Michigan at Grand Rapids 08a0364n.06 Essex Ins Co v. Fidelity & Guaranty Eastern District of Michigan at Detroit 08a0365n.06 Saneh v. Mukasey Board ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
30 Oct, 2008 2:05 pm by Marvin Schuldiner
... In contract cases, plaintiffs won in the majority of trials for all case types except subrogation (28%), which involves an insurance company seeking to recover the amount paid on behalf of a client. Mortgage foreclosure cases, in which the plaintiff was either a ... which the plaintiff did not receive an award. Incidentally, 4 New Jersey counties were used in the study: Bergen, Essex, Middlesex (all in the 75 largest nationwide) and Union. What's the take-away for disputants? Your case is unlikely ...
Sanns Mediation World of ADR - http://www.sannsmediation.com/wordpress
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