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Court Decisions

Exploring the “made-whole” doctrine

Exploring the “made-whole” doctrine On August 6, 2011, Daniel Dufour sustained bodily injury and property damage in a motorcycle accident for which  an underinsured motorist was at fault. Dufour’s policy with Dairyland Insurance Company had a bodily injury limit of $100,000 for underinsured motorists and a separate property damage limit of $40,000. American Standard Insurance Company of Wisconsin insured the at-fault driver, whose policy had a bodily injury limit of

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Is shooter insured under Grandma’s policy?

Is shooter insured under Grandma’s policy? On May 1, 2013, Dusty Groom and Brody Heitmann were in Dusty’s truck in the Britton High School parking lot. Dusty had a handgun, which discharged, shooting Heitmann in the head. Heitmann survived and sued Dusty to recover compensation for his injuries. In December 2014, Heitmann and Dusty entered into a settlement agreement. Dusty confessed to a judgment of $1,100,000 for compensatory damages in

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Interpreting policy language: Which state’s law governs?

Interpreting policy language: Which state’s law governs? Kentucky Bluegrass Contracting LLC (KBC), a construction company, pursuant to a subcontract with PPR Lyons Pride Construction (PPR), agreed to perform “electrical connection work, exterior cladding and interior finishes” at a federal construction project for barracks and officers’ quarters at Fort Sill, Oklahoma, in 2008. To obtain laborers for the project, KBC contracted with CLP Resources, Inc. (CLP). On some unknown date, PPR

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Puzzling evidence: Was kitchen leak covered?

Puzzling evidence: Was kitchen leak covered? In March 2013, William Power discovered mildew in his kitchen and reported to his State Farm agent, Kurt LeBlanc, that his house might have a water leak. According to Power, LeBlanc advised him that he would report the claim to State Farm and told him to call someone to look at the leak. Power thereafter contacted Kurt Muller, his contractor, and informed him about

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Mother sues for costs in daughter’s death

Mother sues for costs in daughter’s death Lakisha Butler alleged damages suffered in conjunction with the illness and subsequent death of her daughter, Chela Victoria Butler. Butler sought review by the Louisiana medical review panel in April 2010. She named as defendants Dr. Richard Lebouef, Dr. Floyd A. Buras Jr., Dr. Louis Bevrotte, Dr. Neel Shah, Drs. Lebouef & Buras, AMC, and Children’s Hospital of New Orleans. After the medical

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