Monday, March 10, 2014 To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance.
Division One of the Court of Appeals filed 4 new published opinions and announced the publication of 2 additional opinions on Monday, March 10, 2014:
1. Kirby v. Dep't of Emp't Sec. No. 69225-9 (March 10, 2014) 2014 Wash. App. LEXIS 553 (lexis.com)
2014 Wash. App. LEXIS 553 (Lexis Advance)
Areas: EMPLOYMENT LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW
Brief: The trial court properly upheld the commissioner's decision that the employee did not commit misconduct disqualifying her from receiving unemployment benefits, because the employee acted out of apprehension and confusion, rather than out of a conscious intent to harm the employer when she refused to follow her employer's instructions, and the employer's instructions were not reasonable.
2. Kreidler v. Cascade Nat'l Ins. Co. No. 71063-0 (March 10, 2014) 2014 Wash. App. LEXIS 551 (lexis.com)
2014 Wash. App. LEXIS 551 (Lexis Advance)
Areas: BUSINESS AND COMMERCIAL LAW; COURTS; PERSONAL INJURY AND INSURANCE LAW
Brief: The superior court properly ruled that the Insurance Commissioner (as Receiver of the liquidated company ) acted lawfully in denying the claim of the bankruptcy trustee (as Trustee of the estate of the bankrupt company, as assignee of causes of action from the insolvent company) that the liquidated company owes $4.3 million to the insolvent company and, hence, to the bankrupt company.
3. In re Marriage of Valente No. 69242-9 (March 10, 2014)
Areas: DOMESTIC RELATIONS AND FAMILY LAW
Brief: A trial court has broad discretion to award maintenance to address the medical needs of a spouse, but reserving jurisdiction to revisit maintenance if the disease worsens is problematic. When the trial court finds only that a spouse "may" incur future medical expenses and rehabilitation costs, it is an abuse of discretion to make a "placeholder" award of nominal maintenance in order to reserve jurisdiction.
4. Top Line Builders, LLC v. Bovenkamp No. 69225-9 (March 10, 2014) 2014 Wash. App. LEXIS 562 (lexis.com)
2014 Wash. App. LEXIS 562 (Lexis Advance)
Areas: BUSINESS AND COMMERCIAL LAW; PROPERTY AND LAND USE LAW
Brief: The construction company foreclosed on its statutory mechanic's lien and recovered the unpaid contract price plus sums awarded in quantum meruit for extra work performed at the owner's request, but without written change orders required by contract. The Court of Appeals rejects the lender's argument that its deed of trust, though junior to the mechanic's lien, should have priority over the amounts awarded in quantum meruit.
5. Grange Ins. Ass'n v. Roberts No. 69356-5 (filed October 28, 2013; ordered published March 6, 2014) 2013 Wash. App. LEXIS 2550 (lexis.com)
2013 Wash. App. LEXIS 2550 (Lexis Advance)
Areas: COURTS; DOMESTIC RELATIONS AND FAMILY LAW; PERSONAL INJURY AND INSURANCE LAW
Brief: The insurer issued an insurance policy to the insureds. The policy imposes on the insurer a duty to defend its insureds but excludes intentional conduct from the duty to defend. One of the insureds' sister sued the insureds, alleging various torts stemming from their intentional conduct. The trial court ruled in a declaratory judgment action that the insurer owed the insureds no duty to defend against the complaint. Because the insurance policy provides no conceivable coverage for the allegations in the complaint, the trial court properly granted declaratory judgment in the insurer's favor.
6. 4105 1st Ave. S. Invs., LLC v. Green Depot WA Pac. Coast, LLC No. 68753-1 (filed January 13, 2014; ordered published March 6, 2014) 2014 Wash. App. LEXIS 21 (lexis.com)
2014 Wash. App. LEXIS 21 (Lexis Advance)
Areas: COURTS; PERSONAL INJURY AND INSURANCE LAW
Brief: The trial court did not err in denying the defendant's motion for attorney fees as the prevailing party in the unlawful detainer action.
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