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Court Decisions

Every minute counts in cancellation dispute

Every minute counts in cancellation dispute On July 27, 2010, a vehicle operated by Darlene Shelmire collided with a vehicle operated by Beverly Smith when Shelmire proceeded through an intersection without yielding the right of way. Smith filed a petition for damages, naming Shelmire and her insurer, Gramercy Insurance Company, as defendants and asserting that she sustained injury as a result of the accident. Gramercy generally denied the allegations. Gramercy

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Parsing “vacancy” in water damage claim

Parsing “vacancy” in water damage claim Kut Suen Lui and May Far Lui owned a building that contained tenant space. The building’s last tenant, the Agape Foundation, Inc., left the building in the first week of December 2010 after being evicted by the Luis for failure to pay rent. The building was not subsequently rented. On or about January 1, 2011, less than 60 days after the Agape Foundation moved

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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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