It follows that Hynds and Ruppert were to that extent coinsured parties under the policy. Aztec Plumbing, Nev. In support of this argument, MWC tendered a few nine or ten documents for in-camera inspection by the trial court and told the court those documents were representative of the 6, withheld documents.
Inadequate Remedy by Appeal To determine whether a party has an adequate remedy by appeal, we apply a balancing test. From the mandamus record filed with this Court, it appears that two individuals, Gerald Marshall and Robert Snyder, acted on behalf of Adjusters in the engagement that is the subject of this petition.
If a party believes information is privileged, the party has a right to assert that privilege in accordance with Rule In re Ford Motor Co.
Therefore, we conclude that Transamerica was decided on facts which are not present in this case. While ambiguous terms in an insurance policy are generally construed in favor of the insured, this principle does not apply to the determination of who is insured.
However, we conclude that this case is distinguishable because the facts in Transamerica indicated that both the named insured, who was the owner of the premises, and the subcontractor understood that the policy would cover the loss at issue. If a party chooses to withhold, then that party must disclose that responsive material has been withheld, identify the requests to which the material is responsive, and identify the privilege or privileges asserted.
In re Christus Spohn Hosp. Standard of Review It is well settled that summary judgment should be granted only when, based upon the pleadings and discovery on file, no genuine issue of material fact exists for trial.
The subcontract in Shea provided specifically that the developer was to provide fire insurance, which covered property subject to the subcontract.
MWC argues it was not required to file the privilege log because the affidavit filed by Gene Ponder, Chief Executive Officer for MWC, establishes a prima facie showing of attorney-client and work-product privileges. This case also involved a factual scenario similar to the one at issue here.
Thus, to the extent Shea is inconsistent with this opinion, it is expressly overruled. Here, the contract between RCR and Durable contained no such provision.
Therefore, we refer to Taos as the named insured in this opinion. While we will construe the pleadings and proof in the light most favorable to the non-moving party, that party is not entitled to build its case on "gossamer threads of whimsy, speculation, and conjecture.
MWC argued that the tendered documents would show that all of the withheld documents were generated in anticipation of litigation. City of Reno, Nev.
Also, although Shea is factually quite similar to the present case, there is one key distinction. The law recognizes that certain information is privileged. Shea, as general contractor, had responsibility for the premises where the work was in progress and for equipment and supplies on the premises.
Shea, as general contractor, had responsibility for the premises where the work was in progress and for equipment and supplies on the premises.
I am still very appreciative for him allowing me to present a different perspective; which is the same problem today nearly 3 years later. Our references to Adjusters include both the firm and its agents unless stated otherwise.
In fact, no particular item or group of items is even identified. Lickteig, Minneapolis, Minnesota, for Respondent. Accordingly, we reverse the order of the district court and remand the case for further proceedings in accordance with this opinion.
In the present case, RCR continued to maintain its own policy that covered the loss in question. Based on the similarity of the facts involved in this case and the Weisel case, we believe the relator has shown that the remedy by appeal is inadequate.
An insurer may not subrogate against a coinsured of its insured. The parties refer to Taos and Capital as though they were interchangeable; although Capital was the only named insured on the policy, the pleadings here assert that payment was made to Taos.
The easy scapegoat is the PEO or Staffing Services policyholder, yet in these cases they were the consumer of a very highly sophisticated financial services product. This is an extreme shift that deserves more attention by the regulators that manage the product.
In addition to being one of the joint venture partners, Durable was also the general contractor on the project. The insurance provided for in the Industrial policy attached to the construction project for the benefit of all the unnamed owners of property therein.Aug 25, · Lumbermen's Underwriting Alliance (LUA) provides commercial property and casualty insurance solutions.
LUA provides guaranteed cost and loss Phone: () Appellant Lumbermen's Underwriting Alliance ("LUA") issued a policy to Peters which insured against property damage to the Taos subdivision occurring during the course of construction ("the policy"). An endorsement to the policy changed the named insured to Capital, the only named insured on the policy.
View Conrad Bergschneider’s profile on LinkedIn, the world's largest professional community. Conrad has 12 jobs listed on their profile. See the complete profile on LinkedIn and discover Conrad Title: Loss Prevention at Lumbermen's. What Really Took Down Lumbermen’s Underwriting Alliance.
Published by Paul Hughes on March 30, If the expected losses under the deductible are not properly collateralized, “A” and “B” companies on paper one day are in run off the next. Lumbermen's Underwriting Alliance has petitioned this Court for mandamus relief from a discovery ruling.
After the factory of Master Woodcraft Cabinetry, L.L.C. (MWC) was destroyed by fire, a claim was filed with Lumbermen's, the insurer, for losses incurred. MWC retained an adjusting firm. Appellant Lumbermen's Underwriting Alliance (“LUA”) issued a policy to Peters which insured against property damage to the Taos subdivision occurring during the course of construction (“the policy”).
In so determining, this court relied on language in the policy providing that losses to “materials, equipment and supplies and.Download