Commercial General Liability Policy Does Not Cover Claims Arising Out Of Criminal Acts
Wilshire Insurance Company v. S.A. Ct. Appeals, Div. One, March 23, 2010 Authored by the JSH Appellate Team The insured pled guilty to assaulting a 15-year-old. The minor sued [...]
Employee Assigned To Work Out Of Town Is In Course Of Employment When Traveling To And From Restaurant
McCloud v. Kimbro Ct. Appeals, Div. Two, March 23, 2010 Authored by the JSH Appellate Team A Phoenix DPS officer was assigned to work in the Douglas area, where [...]
Court Addresses Circumstances When A Motion To Dismiss Must Be Treated As A Motion For Summary Judgement
Strategic Development and Construction v. 7th & Roosevelt Partners, LLC Ct. Appeals, Div. One, March 18, 2010 Authored by the JSH Appellate Team 7th and Roosevelt ("Partners") owns commercial [...]
Doctor Who Volunteers Standard Care Testimony Must Meet Expert Disclosure Requirements, The Violation Of Which Can Lead To Mistrial And Sanctions
Solimeno v. Yonan et. al. Ct. Appeals, Div. One, March 18, 2010 Authored by the JSH Appellate Team Dr. Yonan treated patient for breathing difficulties. The patient later died [...]
Late Filing Of Cost Bond Does Not Invalidate Arbitration Appeal
Riendeau v. Wal-Mart Stores, Inc.Ct. Appeals, Div. One, February 25, 2010Authored by the JSH Appellate TeamMr. and Mrs. Riendeau sued Wal-Mart for injuries arising out of a slip and fall [...]
Economic Loss Doctrine Applies To Prevent Tort Damages In Construction Defect Cases
Flagstaff Affordable Housing Ltd. Partnership v. Design Alliance, Inc. Supreme Court, February 12, 2010 Authored By The JSH Appellate Team The "economic loss doctrine" refers to the common law [...]
Industrial Commission Must File Award With Court Clerk To Preserve 8-Year Lien Right
Industrial Commission v. Tommy Wood dba Pacific Mechanical Service Supreme Court, February 8, 2010 Authored By The JSH Appellate Team Robert Ruehrmund was injured in Defendant's employ on August [...]
“Interruption Of Business” Term In Insurance Policy Can Include Decreased Patronage
Aztar Corporation v. U.S. Fire Ct. Appeals, Div. One, January 28, 2010 Authored By The JSH Appellate Team This appeal addressed a coverage dispute regarding whether insurance benefits are [...]
No Evidence That Time Physician Is Liable For Aiding And Abetting Insurer’s Alleged Bad Faith
Federico v. Maric Ct. Appeals, Div. One, January 28, 2010 Authored By The JSH Appellate Team In April 2005, Plaintiff suffered a back injury at work. He received brief [...]
Insurers Are Not Automatically Protected When Using DOI Approved Form To Offer Uninsured Motorist Coverage
Ballesteros, et. al v. American Standard Insurance Co. of Wisconsin Ct. Appeals, Div. Two, December 23, 2009 Authored By The JSH Appellate Team Plaintiff Mr. Ballesteros, whose primary language [...]