INSURANCE: Supervisory control of Jones as to stacking order denied in light of other issues including bad faith… MVA Defendant assigned claims against insurer to Plaintiffs in exchange for covenant not to execute on $5,250,000 consent judgment… order. [Read more…]
Archives for May 2014
Easement/water, bottling facility, subdivided
EASEMENT/WATER: Express/implied easements between spring and water bottling facility on subdivided ranch properly determined… jurisdiction over water rights issues properly deferred to Water Court… attorney fees improperly awarded under ditch interference statute… Tucker affirmed, reversed (IOR I-3(d)). [Read more…]
Initiative, I-172 cable taxes, sufficiency
INITIATIVE: I-172 cable tax initiative deficiency challenge rejected… order. [Read more…]
Marital, parenting time, Montana/Arizona parents
MARITAL: Equal time between Montana and Arizona physician parents properly awarded… Todd affirmed. [Read more…]
Restitution, road rage injuries, insurance offset
RESTITUTION for road rage injuries properly ordered in full amount of medicals/dentals, not offset by victim’s insurance… Neill affirmed. [Read more…]
Plea withdrawal, erroneous PFO advice
PLEA WITHDRAWAL properly denied despite counsel’s concession that advice as to PFO potential was erroneous… Townsend affirmed. [Read more…]
Aggravated assault, jury, transaction rule
AGGRAVATED ASSAULT/ASSAULT WITH WEAPON: Challenges to jury selection, refusal to declare mistrial, and evidence admitted under transaction rule rejected… convictions affirmed… Deschamps affirmed (IOR I-3(d)). [Read more…]
Youth, §208 order modification, SIWC
YOUTH: §208 order correctly modified to eliminate parole eligibility requirement of MSP sex treatment of youth, now 21, who raped 3-year-old when 13, no error in not further removing from adult corrections system to allow Massachusetts program… Lympus affirmed. [Read more…]
$812,000 settlement, subdivision access
SETTLEMENT: $812,000 ($675,000 cash plus assumption of improvements to access road valued at approximately $137,000), unlawful subdivision variance denial. [Read more…]
Insurance, CECRA Potentially Liable Party notices
INSURANCE: Potentially Liable Party notices under Montana’s CECRA are functional equivalent of “suits” under insurance policies, subject to unequivocal demonstration standard… insurer breached duty to defend when presented with request to defend and PLP letters, should have defended and filed dec action to [Read more…]
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