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The Rough Notes Company Inc.

Court Decisions

When the shoe is on the other foot

When the shoe is on the other foot Between 2009 and 2011 Vibram, a producer of minimalistic shoes that simulate walking and running barefoot, purchased commercial general liability policies from Holyoke Mutual Insurance Company and Maryland Casualty Company. The policies provided coverage for personal and advertising injury liability. With certain enumerated exceptions, the policies stated that the insurers had a duty to defend Vibram from any suit seeking damages for

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Will the real tractor owner please stand up?

Will the real tractor owner please stand up? DNJ, Inc., purchased a forage chopper from Burks Tractor Company, Inc. The chopper was manufactured by Krone North America, Inc., and was the subject of two warranties: the New Equipment Limited Warranty and the Krone North America Crown Guarantee. On October 15, 2012, the chopper was destroyed by fire. Western Community Insurance Company, DNJ’s insurer, paid DNJ $440,779 for the loss of

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An accidental theft?

An accidental theft? Beginning in 2007, Ikerd Mining, LLC, removed 20,212 tons of coal from land that belonged to Peters Farms, LLC. Of that amount, 19,012 tons were wrongfully mined under Ikerd’s alleged mistaken belief as to the correct location of Peters’ boundary lines. The other 1,200 tons were mined by Ikerd knowing that the land thereunder belonged to Peters, pursuant to a disputed oral lease agreement between Ikerd and

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Water, water everywhere

Water, water everywhere  Risbel Mendoza and Vincente Jubes had a homeowners policy issued by Citizens Property Insurance Corporation. The insureds incurred water damage to their house caused by a water heater leak. They filed a claim with Citizens, and the insurer sent an adjuster to investigate the claim. The insurer denied the claim pursuant to the policy’s exclusion of constant or repeated seepage or leakage. The insureds filed suit against

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Who hit what and when?

Who hit what and when? On the evening of October 13, 2014, Jeremy Drouillard, an emergency medical technician, was involved in a single-vehicle accident while riding as a passenger in an ambulance driven by his partner, Angelica Schoenberg. Schoenberg and Drouillard were traveling in “lights and sirens mode” on their way to a service call. Schoenberg opined that she was driving less than 45 miles per hour when the ambulance

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