10 results for 'cat:"Wrongful Death" AND cat:"Contract"'.
J. Self rules in favor of the power company in a wrongful death action brought by the estate administrator arising from the diver's death while inspecting a headgate chain on the power company's dam. The employer's motion for summary judgment is denied and it must indemnify the power company for the settled claims resulting from the diver's death. The work performed by the diver was authorized by the purchase order in light of the change to the scope of work which occurred in a conversation between the employer's representative and river manager. The oral agreement modified the scope of work.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: April 8, 2024, Case #: 4:22cv81, NOS: Other Personal Injury - Torts - Personal Injury, Categories: wrongful Death, contract
J. Biggs grants in part one insurance firm’s motion for summary judgment in a suit where a second insurer sued the first for the partial cost of a fire claim in some underlying suits. Four apartment residents died of smoke inhalation after calling a county emergency communications center and receiving the advice not to open any windows, but to “hunker down” until emergency services arrived. The victims’ families’ sued the communications center and staff for $9 million total, but the first firm refused to contribute to the settlement. Its policy on excess coverage allows it to escape having to contribute more than $1 million on the claim.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 13, 2024, Case #: 1:22cv404, NOS: Insurance - Contract, Categories: Insurance, wrongful Death, contract
J. Burroughs grants an insurance company’s motion for judgment on its insured’s breach of contract claim and denies its motion for judgment on its insured’s bad faith claim. The insured failed to demonstrate how the insurance company failed to follow any of its insurance policies by delaying its decision of whether or not to defend the insured while it investigated the related incident and the legal action against the insured.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: March 12, 2024, Case #: 1:22cv11150, NOS: Insurance - Contract, Categories: Insurance, wrongful Death, contract
J. Hall grants the insurer's motion for summary judgment, ruling it has no duty to defend the policyholders in an underlying wrongful death lawsuit because the claims in the suit, which involve a drug overdose at the covered property, are excluded under the policy's controlled substance exclusion.
Court: USDC Connecticut, Judge: Hall, Filed On: September 26, 2023, Case #: 3:22cv41, NOS: Insurance - Contract, Categories: Insurance, wrongful Death, contract
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J. Yun finds the lower court properly denied the apartment complex owners' motion to compel arbitration because the wrongful death claims filed by the estate of the tenant killed in a fire are governed by the Colorado Premises Liability Act, not the parties' lease agreement, and, therefore, were not subject to that contract's arbitration provision. Affirmed.
Court: Colorado Court Of Appeals, Judge: Yun, Filed On: September 21, 2023, Case #: 2023COA84, Categories: Arbitration, wrongful Death, contract
J. Pitman grants a law firm’s motion to intervene in a wrongful death case against the city of Austin and city police in which the law firm said it was removed from the case “without good cause” despite spending “significant amounts of time” investigating the family’s claims and otherwise working on the issue. The law firm has met its burden to intervene, including by showing it has an interest in this case due to a prior contingency fee arrangement and because no other party in this case will advocate for its interests.
Court: USDC Western District of Texas , Judge: Pitman, Filed On: August 2, 2023, Case #: 1:23cv9, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, wrongful Death, contract
J. Molberg finds that the lower court improperly compelled arbitration of the appellant's claims in this wrongful death and survival action. The appellees failed to establish "the existence of a valid, enforceable arbitration agreement," as they only attached an unauthenticated agreement to support their motion. Reversed.
Court: Texas Courts of Appeals, Judge: Molberg, Filed On: June 5, 2023, Case #: 05-21-00904-CV, Categories: Arbitration, wrongful Death, contract