U.S. 3rd Circuit Court of Appeals, April 20,
2007
State
Farm Mut. Auto. Ins. Co. v. Rosenthal, No.
06-2158
In an insurer's declaratory judgment action
against an insured alleging that his underinsured motorist claim was
time barred by Pennsylvania's four-year statute of limitations on
contract claims, a ruling for the insured is affirmed on alternate
grounds, based on a prediction that the Pennsylvania Supreme Court
would start running the statute of limitations on the date on which
an insured settles with or obtains an award from the adverse driver
for less than the value of his damages. Read
more...
Supreme Court of Texas, April 20, 2007
Gym-N-I
Playgrounds, Inc. v. Snider, No. 05-0197
In a suit
brought by tenant, playground equipment manufacturing company,
against its landlord arising out of a building fire, summary
judgment for landlord is affirmed where: 1) tenant's express
disclaimer of commercial real estate landlord's implied warranty,
that their premises are suitable for the tenants' intended
commercial purposes, precluded their suit against the landlord for
breach of the warranty; and 2) tenants' agreement to lease the
commercial building "as is" prevents them from suing the landlord
for other claims based on the property's condition. Read
more...
