A Beneficiary Deed, in essence, is a “pay on death designation” for real property. It is very useful if you want to leave your house or other real estate to one or two persons upon our death. A Beneficiary Deed avoids probate without giving up any present ownership interest in the property like joint tenants with right of survivorship does.…
News And Press
Court Finds that an Earth Movement Exclusion Included Landslides
In Parker v. Safeco Insurance Co. of America, 2016 WL 3911544 (Mont. July 19, 2016) the issue was whether damage to a vacation cabin from a large boulder that fell down a hillside and into the cabin structure was covered under the Safeco policy. Safeco’s policy contained an earth movement exclusion in which “earth movement” was defined as the “shrinking,…
Cavanagh Law Adds Two Experienced Associates
The Cavanagh Law Firm is pleased to welcome Maryam Naioom as an Associate in the Firm’s Civil Litigation group. Ms. Naioom is a graduate of the University of Denver Sturm College of Law and the University of Arizona. Prior to joining Cavanagh, Ms. Naioom was a Judicial Fellow with Chief Judge Michael A. Martinez in the 2nd Judicial District of…
What’s in a Label? Coverage for Advertising Injury?
The 2nd Circuit recently found that the sale of counterfeit branded goods was not covered as advertising injury under a commercial general liability policy. In USF&G v. Fendi Adele S.R.L., 823 F.3d 146 (2nd Cir. 2016), applying New York law, upheld the district court’s ruling that the commercial general liability policy issued by USF&G did not cover sales of counterfeit…
The 11th Circuit Court Of Appeals, Interpreting Georgia Law, Recently Enforced A UIM Excess Policy Exhaustion Requirement In Disallowing A UIM Claim
The 11th Circuit held in Coker v. American Guarantee and Liability Insurance Co., 825 F.3d 1287 (11th Cir. 2016), interpreting Georgia law, that Georgia’s UIM statute did not transform excess UIM policies into primary UIM policies. The court found that Georgia’s insurance laws required every auto policy to provide UM limits equal to the liability limits of the policy unless…
The Cavanagh Law Firm Obtains Defense Verdict in Defense of Motorhome Manufacturer and Dealership
Cavanagh lawyer, Kelton Busby obtained a defense verdict on behalf of a motorhome manufacturer and dealership in a New Mexico lawsuit alleging fraud, unfair practices, breach of warranty, breach of contract, negligent repair and punitive damages. Plaintiffs alleged that the dealership pulled a “bait and switch” during the sales transaction and that it failed to disclose certain alleged defects in…
The Cavanagh Law Firm Obtains Defense Verdict and Sanctions in Defense of Bisbee Homeowners
Cavanagh attorney Richard Mear recently obtained a defense verdict on behalf of private landowners in Bisbee, Arizona, who alleged to have negligently caused the collapse of a 60 foot wide and 15-foot tall retaining wall resting between their property and the plaintiff’s uphill property. The plaintiffs demanded over a quarter of a million dollars to settle the case, seeking damages…
The Cavanagh Law Firm’s Defense Verdict for Clients in Product Liability Injury Case Upheld by 9th Circuit
Cavanagh attorneys Richard Woods and Richard Mear (lead counsel) obtained a defense verdict for a global toy retailer in a products liability matter pending in United States District Court, District of Arizona (Judge John Tuchi presiding). The plaintiffs had demanded...
Brett T. Donaldson Receives Another Unanimous Defense Verdict for His Client
After a four-day trial in the Maricopa County Superior Court, within 20 minutes the jury returned a unanimous defense verdict for Mr. Donaldson’s client who was accused of causing a motor vehicle collision that allegedly injured the plaintiff causing her to incur more than $20,000 in medical bills and subsequent permanent injuries. Plaintiff called herself, her husband and three medical…
Estate Tax Exclusion Changes
The estate tax exclusion has doubled with the new federal tax law which was passed this December 2017. A single person can now pass $11.2 million estate tax free. A married couple can pass a combined amount of $22.4 million with the proper provisions in the couple’s trust or utilizing the portability statutes and filing an estate tax return upon…