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Court Decisions

TAKE IT TO THE LIMIT

Take it to the limit Tim Johnson’s vehicle was involved in a collision with an uninsured motorist and he sustained injuries, including a neck injury that required two surgeries. At the time of the collision, Johnson was insured under three separate policies issued by State Farm Mutual Automobile Insurance Company. A policy issued in 2011 insured the vehicle that was involved in the collision, and a policy issued in 2017

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NO-FAULT CONUNDRUM

No-fault conundrum These consolidated cases arose out of auto accidents that triggered personal injury protection (PIP) coverage pursuant to the insureds’ personal automobile policies with Geico General Insurance Company (GEICO). Beacon Healthcare Center, Inc., provided rehabilitation therapies to the GEICO insureds. During the insureds’ initial consultations at Beacon, the treating physician (and Beacon’s medical director), Dr. Michael Formisano, prescribed physical therapy using what are known as “modalities” that include use

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Fork over the photos

Fork over the photos James Simmons owned a residence that was insured under a homeowners policy issued by Avatar Property & Casualty Insurance Company. After damages to his residence, Simmons sued Avatar for breach of contract, alleging that Avatar failed to perform under the policy. During discovery, Simmons served on Avatar a request for production of (1) any and all videos and photographs in Avatar’s possession related to Simmons’ claim

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Say nope to dope

Say nope to dope James and Maria Mosley owned a house that Pacific Specialty Insurance Company (PSIC) insured under a homeowners policy whose term was between April 2016 and April 2017. The Mosleys rented the house to Pedro Lopez, who started growing marijuana on the property. To support his marijuana-growing operation, Lopez rerouted the property’s electrical system to steal power from a main utility line. The rerouted electrical system caused

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Condo chaos

Condo chaos Wiley Verstappen entered into a contract with Robert Saavedra and his construction company, R.S. Homes, LLC, to perform construction renovations throughout her condominium. The initial estimated cost of the renovations was approximately $121,733.98. On September 9, 2010, the day before the scheduled renovation completion date, a fire occurred at the condominium. The condominium sustained fire, water, and smoke damage. Thereafter, Verstappen hired Crane Builders to repair the damage

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