ZRZ Realty Co. v. Beneficial Fire & Casualty Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the Court of Appeals erred by reversing a fee award based on its reversal of another claim that had no effect on the party’s right to attorney fees
• explaining that trial court had “allocated responsibility” for future cost to insured of remediating contaminated soil by assigning one insurer 90 percent of the total insured potential loss and the other the remaining 10 percent
• noting that whether an insurance policy “is more properly characterized as part of the grant of coverage or an exclu- sion” is “critical to the allocation of the burden of proof”
• insured has the burden to prove coverage, while the insurer has the burden to prove an exclusion from coverage
• part of judgment reversed on appeal did not relate to the award of attorney fees, therefore fees should not have been reversed
• on remand from Supreme Court for retrial of an issue previously tried in bench trial under incorrect legal standard, trial court has discretion to take additional evidence if it determines that doing so is appropriate

Source: CourtListener parenthetical corpus (CC0).