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Court Decisions

Robo-calls on the firing line

Robo-calls on the firing line The underlying lawsuit in this case arose from a previously settled class action suit in the state of Washington. In that litigation the plaintiffs alleged that they were the recipients of phone calls with a prerecorded message soliciting them to use Stellar Concepts and Design, Inc., for their business needs. The plaintiffs alleged that the calls were in violation of the Washington Consumer Protection Act,

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Broker blunder: Fire but no insurance

Broker blunder: Fire but no insurance A building owner was accused by neighbors of negligently allowing a fire to damage their properties. A neighbor who owned a restaurant that was damaged and AMCO Insurance Company, the insurer for a second neighbor, brought actions against the insurance broker for the building owner, All Solutions Insurance Agency, LLC, alleging negligence and breach of contract based on the broker’s failure to procure fire

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Speedboat surprise: No insurance, no claim

Speedboat surprise: No insurance, no claim In May 2011, Pamela Graves was injured on a speedboat trip offered by Rocket Tours of Key West. Between August 2011 and July 2012, Graves— through counsel—notified Rocket Tours of her injury and claims at least five times. No one, however, notified Rocket’s insurer, Prime Insurance Company, of her claims until September 2013, more than a year after Rocket Tours’ policy had expired. And,

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Tell me a story: Creditor seeks client’s D&O coverage

Tell me a story: Creditor seeks client’s D&O coverage Winbrook Communication Services, Inc., filed suit against DeSales Group and William York (collectively, DSG), alleging that York had made a series of negligent misrepresentations concerning DSG’s financial condition that induced Winbrook to continue to work on the development of a children’s storybook series and associated promotional items. The series never went to market and Winbrook sued, seeking compensation for work performed.

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How low can you go? Damage award challenged

How low can you go? Damage award challenged On October 25, 2012, a vehicle driven by Sheila Joseph was rearended by a vehicle driven by Gregory Nichols. Joseph filed suit against Nichols seeking a directed verdict as to liability and special damages. The court granted Joseph’s motion as to liability, finding Nichols to be 100% at fault for the accident, and took under advisement her motion as to causation of

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