INSURANCE: Negligence/fiduciary duty claims alleging failure to procure UIM/med pay in excess of $5,000 in transfer of policy from Oregon rejected on summary judgment… McKinnon. [Read more…]
Archives for March 2012
$2 million settlement, jail death
SETTLEMENT: $2 million, jail death, alleged failure to provide medical care, common law negligence/§1983. [Read more…]
Wilton/Brillhart, insurance declaratories
WILTON/BRILLHART: First-filed insurance declaratory action by insurer dismissed in favor of Plaintiffs’ later State Court action (little significance attached to timing in light of other factors)… Molloy. [Read more…]
Arbitration, variable annuities contract
ARBITRATION: Motion to compel arbitration of dispute over variable annuities contract granted… sophisticated investor, non-credible witness… Texas law governs, but no different outcome under Montana law because arbitration clause, although contract of adhesion, does not [Read more…]
Arbitration, annuities contract, consolidation
ARBITRATION: Motion to compel arbitration of annuities dispute against principal granted based on arbitration clause in client agreement with agents… cases consolidated… Lovell. [Read more…]
Insurance/dismissal, adjuster bad faith
INSURANCE/DISMISSAL: Complaint allegations sufficient to survive 12(b)(6) dismissal of adjuster in bad faith case… request to consider new allegations and treat motion as one for summary judgment denied… Molloy. [Read more…]
Settlements
Plan I
Scott McLaughlin, neck OD, 12/08, disputed, $250, no hiring preference, not to seek re-employment with NWE, stipulated judgment; Stephen Pohl for McLaughlin, Todd Hammer for NWE [Read more…]
Education services discrimination, $150,000 distress
EDUCATIONAL SERVICES DISCRIMINATION: Emotional distress inflicted by placing back of developmentally disabled child’s head under running water merits $150,000 emotional distress damages, not $2 million requested… order on remand from HRC following 0 award… Gregory [Read more…]
Attorney-client, work product, comp bad faith
ATTORNEY-CLIENT/WORK PRODUCT: Employer may not withhold in bad faith action letter from comp insurer’s lawyer written prior to comp mediation, adjuster’s disclosure constitutes waiver of privilege… employer as disinterested 3rd-party precluded from participating in [Read more…]
Legal malpractice, statute limitations, relation-back
LEGAL MALPRACTICE/RELATION-BACK: 3-year malpractice statute applies rather than 5-year contract statute despite addition of contract claims grounded in malpractice… Plaintiffs’ appeal not such significant change in theory as to constitute waiver… whether corporation (or LLC, etc) should be allowed to relate back an amended complaint signed by a lawyer to its original pro se complaint to be determined case-by-case so [Read more…]