Economic Loss Doctrine Applies To Prevent Tort Damages In Construction Defect Cases
Flagstaff Affordable Housing Ltd. Partnership v. Design Alliance, Inc. Supreme Court, February 12, 2010 Authored By The JSH Appellate Team The "economic loss doctrine" refers to the common law [...]
Industrial Commission Must File Award With Court Clerk To Preserve 8-Year Lien Right
Industrial Commission v. Tommy Wood dba Pacific Mechanical Service Supreme Court, February 8, 2010 Authored By The JSH Appellate Team Robert Ruehrmund was injured in Defendant's employ on August [...]
“Interruption Of Business” Term In Insurance Policy Can Include Decreased Patronage
Aztar Corporation v. U.S. Fire Ct. Appeals, Div. One, January 28, 2010 Authored By The JSH Appellate Team This appeal addressed a coverage dispute regarding whether insurance benefits are [...]
No Evidence That Time Physician Is Liable For Aiding And Abetting Insurer’s Alleged Bad Faith
Federico v. Maric Ct. Appeals, Div. One, January 28, 2010 Authored By The JSH Appellate Team In April 2005, Plaintiff suffered a back injury at work. He received brief [...]
Insurers Are Not Automatically Protected When Using DOI Approved Form To Offer Uninsured Motorist Coverage
Ballesteros, et. al v. American Standard Insurance Co. of Wisconsin Ct. Appeals, Div. Two, December 23, 2009 Authored By The JSH Appellate Team Plaintiff Mr. Ballesteros, whose primary language [...]
Pet Owners Cannot Recover Emotional Distress Or Loss Of Companionship Damages For Injury Or Death Of Pet
Kaufman v. Langhofer Ct. Appeals, Div. One, December 22, 2009 Authored By The JSH Appellate Team Plaintiff owned a macaw (Salty) for approximately nine years. The macaw was diagnosed [...]
Osha Standards Maybe Considered As Some Evidence Of The Standard Of Care
Wendland v. AdobeAir, Inc. Ct. Appeals, Div. One, December 8, 2009 Authored by the JSH Appellate Team Plaintiff fell into an open pit in a building controlled by Defendant. [...]
Court Should Review Records To Determine Whether To Release Documents Concerning Death By Potential Criminal Conduct
Schoeneweis v. Hamner, et. al Ct. Appeals, Div. One, December 1, 2009 Authored By The JSH Appellate Team Diamondbacks relief pitcher Scott Schoeneweis asked the trial court to stop [...]
Workers’ Compensation and the Duty of Good Faith and Fair Dealing to the Employer and Employee: An Inherent Conflict
Written by: Don Myles & Les Tuskai Introduction Workers’ compensation is a statutory system originally conceived and designed to quickly and efficiently provide comprehensive benefits to injured workers without the [...]
Insurer Defending Under Reservation Of Rights Loses Its Subrogation Rights If It Received Notice And The Insured’s Settlement Was Reasonable
Monterey Homes v. Federated Mutual Insurance Company Ct. Appeals, Div. One, February 10, 2009 Authored by the JSH Appellate Team Monterey Homes was sued for construction defects. Monterey filed [...]