Montana Law Week

The Weekly Digest of Montana Law

Archives for April 2015

Attorney fees, $342,881, frivolous stock claims

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ATTORNEY FEES: $342,881 fees & costs awarded out of ex-girlfriend’s 16% share of deceased’s $2,808,425 stock account for defense by 3 other beneficiaries of frivolous claim to entire account, affirming Cebull’s award following remand from 9th Circuit to allow objections as to amounts… Watters. [Read more…]

Insurance, Real Estate Professional E&O Policy

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INSURANCE: “Claim” per claims-made-and-reported Real Estate E&O Policy must be made within policy period, not extended reporting period… claim was made when Realtor received notice of suit following expiration of policy period, not 7 months earlier when suit was filed, was untimely, insurer not required to defend or indemnify $2,191,828.90 consent judgment… Molloy. [Read more…]

ERISA, stem cell transplant, systemic sclerosis

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ERISA: Claims Administrator acted legally but perhaps not morally in denying preapproval of stem cell transplant for systemic sclerosis pursuant to Plan’s experimental/investigational exclusion despite claim by doctors that it is medically necessary to prevent death… Molloy. [Read more…]

Settlements

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Plan I

William Scheele, low back, 11/13, $53,876, med reserved, Matthew Murphy

Chris Sands, shoulder(s), 3/13, $40,535, medical reserved, Kiel Duckworth

Russell Romine, multiple, 12/10, $25,000, medical reserved, William Joyce

Jeffrey Ferguson, lower leg, 3/14, $11,250, medical closed, Richard Martin

No lawyer: Noel Damon, shoulder(s), 13, $48,634, med res; Adriana Saunier, low back, 06, $7,500 [Read more…]

Work comp settlements

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Plan I

William Scheele, low back, 11/13, $53,876, med reserved, Matthew Murphy

Chris Sands, shoulder(s), 3/13, $40,535, medical reserved, Kiel Duckworth

Russell Romine, multiple, 12/10, $25,000, medical reserved, William Joyce

Jeffrey Ferguson, lower leg, 3/14, $11,250, medical closed, Richard Martin

No lawyer: Noel Damon, shoulder(s), 13, $48,634, med res; Adriana Saunier, low back, 06, $7,500

Plan II

Douglas Coster, low back, 13, $85,000, Michele Levine

Gerald Meighen, elbow, 11/11, $39,302, medical reserved, Andrew Huppert

Peggy Lorentz, low back, 7/12, $34,000, Leslae Dalpiaz

Travis Tooley, low back, 11/14, disputed, $4,000, Russell Plath

No lawyer: Billy Mack, shoulder(s), 14, $14,000, med clos; Tami Sunford, mult, 02, $41,000

Plan III

Rachel Lovett, low back, 1/07, disp PT, $269,000, med clos, Eric Rasmusson

Robert Chenoweth, knee, 7/12, $150,000, Santana Caballero

Douglas Mawhinney, soft-tissue neck, 5/11, $88,000, med res, Stephen Pohl

Larry Flack, upper back, 9/13, $50,000, med reserved, Matthew Braukmann

Fred Wolters, soft-tissue neck, 9/11, disputed, $22,500, David Lighthall

Dawn Stephens, low back, 1/14, $17,000, Michele Levine

Wayne Boyd, upper back, 6/12, $16,250, Andrew Huppert

Jeremy Holm, low back, 1/14, disputed medical, $6,500, Kiel Duckworth

No lawyer: Wayne Brough, upper back, 14, disp, $200; Lori Busch, upper back, 15, disp, $1,200; James Coates, upper back, 13, disp PT, $120,000, med res; Shawn Dubray, ankle, 14, $2,500; Lori Flesher, pelvis, 10, $18,000; Eliset Garay, upper back, 14, $5,000, med clos; Diane Hulford, soft-tissue neck, 99, $80,000; Melissa Mizell, soft-tissue neck, 14, $1,500; Thomas Pavek, low back, 11, $15,000; Donna Shorten, upper extrems, disp, $3,300; Cletus Wandler, low back, 09, $32,500, med clos