Cases
Representative Cases: Diane Mauriello v. Great American E & S Insurance co., No. 3:11-CV-432, (March 6, 2013). The U.S. District Court for the Eastern District of Tennessee at Knoxville granted summary judgment to Michael B. Neal's insurance company client absolving the company of liability for defense
indemnity arising from tort claims against an insured who had declared Bankruptcy after defending the claims for several years
Chad Youth Enhancement Center, Inc v. Colony National Insurance Co. 474 Fed.Appx. 429, 2012 WL 1059404 (Sixth Circuit Ct. of Appeals, 2012) Judgement affirmed for insurance company client after appeal of a Declaratory Judgement involving a claim by an insured that there was coverage for punitive damages under a second level excess policy with follow form provisions
allegedly inconsistent provisions for punitive damages in the primary
first level excess policies
Certain Underwriters at Lloyds, London v. Winestone, 182 S.W.3d 342 (Tenn. Appeals 2005). Summary Judgment granted to mortgage company's insurer where a mortgage loan was assigned to a buyer but force placed insurance coverage on the mortgaged property was allegedly not cancelled
Obert v. The Pyramid, 381 F. Supp.2d 723 (W.D. Tenn. 2005). Personal injury case involving h
icapped access to a public arena
issues of governmental tort liability
negligence per se
Shoemake v. Omniquip International, Inc ., 152 S.W.3d 567, Prod. Liab. Rep. (CCH) P 16, 857 (Tenn. Appeals, 2003). Summary Judgment appropriate for manufacturer in wrongful death case where plaintiff did not establish defect in rough terrain forklift
Royal Surplus Lines Ins. Co. v. Sofamor Danek Group, Inc ., 303 F. Supp.2d 897 (W.D. Tenn. 2003)
Royal Surplus Lines v. Sofamor Danek Group, 190 F.R.D. 505 (W.D. Tenn. 1999)
Royal Surplus Lines v. Sofamor Danek Group, 190 F.R.D. 463, (W.D. Tenn. 1999). Three separate opinions involving products liability coverage for the Pedicle Screw litigation, dealing with attorney client privilege
other issues related to alleged misrepresentation inducing issuance of a policy of insurance
Planters Gin Co. v. Federal Compress & Warehouse Co., Inc ., 78 S.W.3d 885, (Tenn. Supreme Court 2002). Summary Judgment affirmed for warehouse lessor in a roof collapse case based on lease terms imposing risk of loss on the lessee
American Environmental Protection, Inc. v. Board of Education of Memphis City Schools, 1996 WL 580999 (Tenn. Appeals 1996). Judgment for asbestos abatement contractor affirmed where subcontractor was guilty of assumption of risk in bidding on a quantity of work after discovering error in the bid invitation
Wells Fargo
Co. v. Paul Davidson Const. Co ., 1992 WL 108703 (Tenn. Appeals 1992). Judgment affirmed for contractor in alleged defective construction of apartment complex based on statute of repose
lack of evidence of fraudulent concealment of construction defects.
