Uninsured Motorist Law
 
William Greenwood d/b/a Antique Wood Company of Mississippi v. MESA Underwriters

William Greenwood owned Antique Wood Company of Mississippi (Greenwood),
which was in the business of buying salvage rights to old buildings for the purpose of
stripping and selling the buildings’ lumber, bricks, and other materials. Greenwood obtained
salvage rights to a Vicksburg postbellum building1 built in 1868 and sought a policy of
insurance to cover “debris removal.” Centra... More...
   $0 (12-13-2015 - MS)

Serra v. Personal Representative of Estate of Broughton

¶1 The issue in this case is whether the plaintiff, Appellant Sandra Vilarrubias Serra, is covered under the uninsured/underinsured motorist (UM) and medical payments (medical pay) coverage of the automobile insurance policy issued to Traci Robertson by the Appellee, State Farm Mutual Automobile Insurance Company (State Farm). In particular, we must decide whether Serra is a "ward" of Robertson fo... More...   $0 (12-08-2015 - OK)

Natsha McCalister and Equity Insurance Company v. Elizabeth A. Britt

Tulsa, OK - Natsha McCalister and Equity Insurance Company sued Elizabeth A. Britt on an auto negligence theory claiming:


1. That the Plaintiff is a resident of Tulsa County, State of Oklahoma; that Defendant, ELIZABETH A. BRITT, is a resident of Tulsa County, State of Oklahoma; and, that Defendant, EQUITY INSURANCE COMPANY, is an insurance company organized and existing in the State... More...
   $1 (12-07-2015 - OK)

Gary M. Willis v. Jeremy Alan Barton, Richard Alan Masson, Jr. Bluelinx Corporation and Geico General Insurance Company

Tulsa, OK - Gary M. Willis sued Jeremy Alan Barton, Richard Alan Masson, Jr. Bluelinx Corporation and Geico General Insurance Company on auto negligence and under insured motorist coverage theories claiming:


1. Plaintiff is a resident of Tulsa County, State of Oklahoma. Defendant JEREMY ALAN BARTON (BARTON), is an individual residing in Tulsa County, State of Oklahoma.

Defen... More...
   $0 (12-04-2015 - OK)

State Of Nebraska v. Carman

Lyle J. Carman appeals his conviction for “unlawful act manslaughter” under Neb. Rev. Stat. § 28-305 (Reissue 2008). Carman’s dump truck struck the rear of a car that had stopped or slowed due to highway construction. The collision forced the car off the highway, causing it to roll, and the driver was killed as a result. The unlawful acts for which Carman was convicted were following too closely a... More...   $0 (12-04-2015 - NE)

State Of North Dakota v. Asbach

Tyler Asbach appeals from a judgment entered after he conditionally pled guilty to a drug-related offense, reserving the right to challenge the denial of his motion to suppress evidence. We conclude: (1) Asbach was not illegally seized while the police officer was conducting duties related to the traffic stop; (2) the district court failed to make specific findings of fact as to whether the police... More...   $0 (12-03-2015 - ND)

Thomas DeMarco v. Sean Robert Stoddard, D.P.M

In this appeal, we consider whether the Rhode Island
Medical Malpractice Joint Underwriting Association (RIJUA) must
defend and indemnify a podiatrist in a medical malpractice
action pending in New Jersey following rescission of the
podiatrist’s medical malpractice liability policy. The policy
had been rescinded due to material misrepresentations concerning
the state... More...
   $0 (12-01-2015 - NJ)

Nathan Myers and Jamie Applegate v. Gary Michael Pack and State Farm Mutual Automobile Insurance Company

Tulsa, OK - Nathan Myers and Jamie Applegate sued Gary Michael Pack and State Farm Mutual Automobile Insurance Company on auto negligence theories claiming:

1. On or around July 26, 2014, Plaintiffs Nathan Myers and Jamie Applegate were in:t
vehicle going north on South Yale Ave in Tulsa, Tulsa County, State of Oklahoma
2 At that time, Plaintiffs stopped for a red light at the con... More...
   $1 (11-30-2015 - OK)

State Of Nebraska v. Thayer

On July 31, 2014, the State filed a complaint in the county court, charging Thayer with one count of DUI, first offense, in violation of Neb. Rev. Stat. § 60-6,196 (Reissue 2010), a Class W misdemeanor. The State alleged that on July 2, Thayer operated a motor vehicle while under the influence of alcoholic liquor. Motion to Suppress. Thayer filed a motion to suppress on August 20, 2014, alleging ... More...   $0 (11-28-2015 - NE)

Mark Ray Goodson v. Rogelio Castaneda and AAA Insurance Company

Tulsa, OK - Mark Ray Goodson sued Rogelio Castaneda and AAA Insurance Company on auto negligence and under insured motorist coverage theories claiming:

1. Plaintiff is, and at all times relevant hereto, has been a resident of Tulsa County, Oklahoma,
2. Defendant Rogelio Castaneda (“Castaneda”) is, and at all times relevant hereto, has been a resident of Tulsa County, Oklahoma.
3. ... More...
   $1 (11-16-2015 - OK)

Continental Western Insurance Company v. James Black, Jj Bugs, Ltd., Andrew Gustafson, Individually, and as Personal Representative of Stephanie Gustafson, Charles Adsit, Joe Patterson, and Mia Patterson

On December 27, 2010, James Black purchased three refrigerated trailers from Keizer Trailer Sales, Inc. (Keizer). The purchase was made pursuant to an Offer of Purchase Agreement (Purchase Agreement) prepared by Keizer. On its front side, the Purchase Agreement set forth the total price of the trailers and specified the following terms (with our emphasis added): These trailers are being purchas... More...   $0 (11-16-2015 - WY)

Curtis Davis v. Producers Agricultural Insurance Company

Mr. Davis farms in Pulaski County, Georgia. ProAg is a private insurance
company that writes federal crop insurance policies pursuant to a Standard
Reinsurance Agreement with the FCIC. At all times relevant to this action,
Mr. Davis maintained a crop insurance policy written by ProAg to cover his cotton
crop. In 2008, Mr. Davis’s cotton crop had a low yield caused by periods of ... More...
   $0 (11-15-2015 - GA)

Kevin Connor v. United States Postal Service

Four witnesses testified about the facts and circumstances surrounding the accident:
(i) Plaintiff Kevin Connor; (ii) ambulance driver Scott Leone; (iii) USPS truck driver John Scott;
and (iv) Tammie Creamer, Supervisor of Emergency Dispatchers for the District of Columbia’s
Office of Unified Communications. The court finds that all four witnesses testified credibly
about the ... More...
   $0 (11-14-2015 - DC)

Allstate Insurance v. Kponve

The parties to this appeal are appellant, Allstate Insurance Company (“Allstate”), and
appellee, Austria Kponve (“Mrs. Kponve”). At all times here pertinent, Allstate provided
underinsured motorist coverage to Mrs. Kponve. On April 10, 2009, while Allstate’s policy was in force, Mrs. Kponve was involvedin an automobile accident with a motorist named Douglas Leonel Mendoza (“Mendoza”).
... More...
   $0 (11-09-2015 - MD)

Mid-Continent Casualty Company v. Advantage Medical Electronics, LLC

Advantage is a Mobile, Alabama, based company that services and sells MRI and CT scanners, types of medicalimaging devices. In December 2011, Advantage was hired by KEI Medical Imaging Services, LLC ("KEI"), to pick up and transport a used CT scanner machine that KEI had recently purchased from a leasing company. The CT scanner was located at a doctor's office in Aiken, South Carolina. Advantag... More...   $0 (11-08-2015 - AL)

Stephens v. CSX Transportation

CSX maintains a railroad track in Hampton County, which passes through the town of Yemassee. At issue in this case is the passive-grade crossing at Hill Road near state Highway 68. The crossing has no active traffic-control devices such as lights or gates. Vehicle traffic is controlled by a stop sign, a stop line, and a cross-buck that is similar to a "Yield" sign as it is an X-shaped sign with t... More...   $0 (11-06-2015 - SC)

Kimberly Wood v. Neal E. Wood Jr.

The parties do not dispute the underlying facts as established at trial.
On April 3, 2010, Kimberly was a passenger on a motorcycle operated by her
husband when she was injured in an accident caused by his negligence. At the 2 time, both Neal and Kimberly were named insureds on a motorcycle insurance policy from Progressive Insurance Company. That policy contained the following
p... More...
   $0 (11-03-2015 - ME)

McElwain v. Office of the Secretary of State

This is a direct appeal from a circuit court order finding section 11-501.6 of the Illinois Vehicle Code (625 ILCS 5/11-501.6 (West 2012)) unconstitutional as applied to this plaintiff. This section provides that a driver who is arrested for a traffic violation related to a fatality or other serious personal injury automatically consents to having his or her blood, breath or urine tested for the p... More...   $0 (10-31-2015 - IL)

State Bd. of Nursing v. Sesay

In November 2010, Mabinty Sesay was a practical nurse licensed by the State of
Maryland and employed by Maxim Health Care Services (“Maxim”). On the dates of
November 27-28, Ms. Sesay was assigned to provide in-home, overnight nursing care to
E.C., a young man with quadriplegia who has no movement, aside from weak use of his
biceps and triceps, from the chest down. He also ha... More...
   $0 (10-28-2015 - MD)

Wood v. Nunnery

Terry Wayne Wood (“Plaintiff”) was injured on 10 May 2006,
in an automobile accident in Harnett County, as a result of the
negligence of Jeremy Nunnery (“Defendant”). At the time of the
accident, Plaintiff was driving a truck owned by Plaintiff’s
employer, in the course of his employment. Plaintiff filed a
complaint on 30 April 2009 against Defendants North Carolina More...
   $0 (10-25-2015 - NC)

Vermont Agency of Natural Resources v. Charter Oak Fire Insurance Agency

For many years, disbursements from Vermont’s petroleum cleanup fund have covered investigation, removal, and cleanup costs related to longtime petroleum contamination at the Jimmy Kwik Food Store, a “beverage store and gas station” in Newport. In this case, the Vermont Agency of Natural Resources seeks reimbursement for those expenditures from Defendant Insurers (collectively, Charter Oak) that a... More...   $0 (10-24-2015 - VT)

John Joerg, Jr. v. State Farm Mutual Automobile Insurance Co.

At common law, the collateral source rule governed both evidence and
damages. See, e.g., Gormley v. GTE Prods. Corp., 587 So. 2d 455, 457 (Fla.
1991). Historically, the damages aspect of the collateral source rule prevented the
reduction of damages by collateral sources available to the plaintiff. Id. This rule
rested on the principle that a tortfeasor should not benefit fr... More...
   $0 (10-18-2015 - FL)

DeShaw Nelson v. Donald Artley

At issue in this case is the extent of a rental car company’s financial responsibility for a default judgment entered against a driver of one of its vehicles where, as here, the company chose to comply with our state’s financial responsibility laws by obtaining a certificate of self-insurance from the Secretary of State. Adhering to a decision by the appellate court in Fellhauer v. Alhorn, 361 Ill... More...   $0 (10-17-2015 - IL)

Whisenant v. Sheridan Production Company

Tony R. Whisenant filed a class action in state court alleging that
Sheridan Production Company, LLC (Sheridan) failed to pay or underpaid royalties
for natural gas wells it operated in Beaver County, Oklahoma. Sheridan removed the
suit to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C.
§ 1332(d), and the district court denied Mr. Whisenant’s motion... More...
   $0 (10-12-2015 - OK)

Nelson v. Artley

Suzanne Haney rented a car from Enterprise Leasing Company of Chicago (Enterprise). While being driven by an individual named Donald Artley, the vehicle crossed the center line of the roadway and collided with an oncoming car operated by DeShaw Nelson. Nelson subsequently sued Artley in the circuit court of Cook County to recover damages for the injuries he sustained in the accident. Artley was un... More...   $0 (10-08-2015 - IL)

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AK Morlan
Kent Morlan, Esq.
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