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 [...]
The Economic Loss Doctrine Does Not Apply To A Case Against A Design Professional
Flagstaff Affordable Housing Limited Partnership v. Design Alliance Inc. Ct. Appeals, Div. One, March 24, 2009 Authored by the JSH Appellate Team Owner Plaintiff contracted with Defendant Architect for [...]
Evidentiary Errors Cause reversal Of Medical Malpractice Defense Verdict
Pipher v. Loo Ct. Appeals, Div. One, March 10, 2009 Authored by the JSH Appellate Team Plaintiff sued a dentist alleging nerve damage from dentist's negligent administration of anesthetic. [...]
Attorney Does Not Have A Charging Lien On Client’s Recovery Where Recovery Fund Is Eliminated By Rule 68 Sanctions
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 [...]