Wallach v. Allstate Insurance

Defendant appeals from a judgment for plaintiff after a jury trial on plaintiff s claim for breach of an insurance contract. Plaintiff cross-appeals, arguing that the trial court erred in determining the amount of attorney fees it awarded him. We conclude that the trial court did not err in granting plaintiffs motion for partial summary judgment on the issue of defendant’s liability to plaintiff for injuries caused by the conduct of the driver of a so-called “phantom vehicle,” but that the court’s jury instruction regarding the degree, if any, to which that liability encompassed injuries that…