About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


Case Citations 1 (July 2017 through April 2018)

handle is hein.ali/alitorts0013 and id is 1 raw text is: TORTS 3D: LIABILITY FOR ECONOMIC HARM (DRAFTS) CHAPTER 1. UNINTENTIONAL INFLICTION OF ECONOMIC LOSS § 2. Economic Loss Defined E.D.Cal.2017. Quot. in sup. (quoting § 2 of T.D. No. 1, 2012). In a dispute between Chapter 13 debtors and secured creditor that held a note and deed of trust on debtors' home, this court held that creditor willfully violated debtors' automatic stay on multiple occasions, such that debtors were entitled to punitive damages, as well as actual damages for both economic and emotional harm. The court noted that, in the context of automatic-stay violations, many of the harms compensable as actual damages were economic damages, which was defined under Restatement Third of Torts: Liability for Economic Harm § 2 (T.D. No. 1, 2012) as pecuniary damage not arising from injury to the plaintiffs person or from physical harm to the plaintiff s property. Sundquist v. Bank of America, N.A., 566 B.R. 563, 593. § 6. Negligent Performance of Services Wash.App.2017. Cit. in disc., quot. in ftn. (citing and quoting § 6 of T.D. No. 2, 2014); com. (a) cit. in disc. (citing com. (a) of § 6 of T.D. No. 2, 2014); Rptr's Note cit. in disc. (citing Rptr's Note of § 6 of T.D. No. 2, 2014). After their personal property stored in a warehouse was destroyed by a fire, plaintiffs brought a negligence action against storage company and, upon discovering that company failed to disclose that it had substantial insurance protecting its storage customers against property loss, plaintiffs asserted, inter alia, a claim of negligent claim handling against insurer's adjuster. Following settlement with other defendants, the trial court granted summary judgment for adjuster. This court reversed, holding, inter alia, that adjuster owed plaintiffs a duty of reasonable care in performance of promises undertaken in its third-party administration agreement with insurer. In discussing liability of adjuster for negligent claim handling, the court noted that Restatement Third of Torts: Liability for Economic Harm § 6 (T.D. No. 2, 2014) imposed liability for pecuniary loss from negligently performed services by an actor who was relied on to perform a service for the benefit of a plaintiff, despite no contract between them, under the same narrow circumstances in which liability for negligent misrepresentation was imposed. Merriman v. American Guarantee & Liability Insurance Company, 396 P.3d 351, 364. A L Iwm For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.