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Declaratory Judgment

Jun 15, 2019

Coverage of law student killed in NJ turned on residence – $170,000 Settlement

Cassidy, a woman in her mid-20s, was hit by a car while using a crosswalk in Newark, New Jersey, where she had been in Rutgers law school until a few days before. The driver fled the scene. According to the only other witness, her walk sign was green when she started to cross the six-lane […]

Aug 17, 2018

SCV: Church merger raised issues of contract, not religion

A circuit court had jurisdiction to decide a merger dispute between two churches. Resolution centered on the parties’ merger agreement, not their religious doctrines or other ecclesiastical questions. Background After falling behind on its mortgage payments, Pure Presbyterian Church of Washington filed for bankruptcy in November 2015. The Grace of God Presbyterian Church initiated discussions [&[...]

Feb 26, 2018

State Farm settles fire loss that went to policy’s appraisal process – $243,000 Settlement

The insured’s Mecklenburg County home burned in July 2013. She had first-party homeowner’s coverage with State Farm Fire & Casualty Co. State Farm paid some on the claim, but not a reasonable amount. So the insured hired a public adjuster to present her claim. With the adjuster’s help, she invoked her policy’s appraisal process. Under […]

Aug 8, 2016

Woman scalded in bath pursued dec action for coverage – $300,000 Settlement

Plaintiff Kortney Jack­son is a young adult who is disabled and non-ver­bal due to severe autism and mental retardation. She required around the clock care, and her moth­er and guardian arranged for that care through the home health agency. The agency’s caregiver allegedly placed the plain­tiff into a scalding hot bath and left her unat­tended; […]

Jun 13, 2016

4th Circuit: Carrier has duty to defend, even if there are excluded claims – Declaratory judgment

On March 3, 2015, homeowners sued ARC Construction LLC and Ali Ergul, ARC’s manager, in the District of Co­lumbia Superior Court with regard to renovation and demolition work performed on their neighbors’ half of a duplex home. The plaintiffs, who own the other half of the duplex, alleged ARC’s work contam­inated their home with lead […]

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