INSURANCE: Notice-prejudice rule properly applied, formally adopted… jury improperly instructed that it must first find UTPA damages beyond $539,717.90 directed verdict for failure to pay benefits under cancer policy before considering malice/punitives, remanded for new trial on malice/punitives… jury properly allowed to determine whether insurer had “reasonable basis in law” for contesting claim… statute of limitations improperly applied from date claim was submitted rather than date declaratory action was filed… Sherlock affirmed, reversed. [Read more…]
Archives for May 2015
City negligence, public duty, skateboard death
CITY NEGLIGENCE: Public duty doctrine improperly applied to bar claims against City in skateboarder death on steep hill on subdivision-owned but City-approved walking path… Curtis/Allison reversed. [Read more…]
Negligence/insurance, $400,000 MVA verdict
NEGLIGENCE/INSURANCE: $400,000 MVA verdict upheld, but Plaintiff who did not name insurer precluded from executing against tortfeasor’s estate for any amount in excess of $100,000 policy limits because of failure to timely assert creditor’s claim… offset of $16,306 advanced medicals improperly denied… erroneous determinations as to non-party insurer’s alleged misconduct precluded on remand… Salvagni affirmed, reversed. [Read more…]
Discrimination, disabled vet with seizure dog
DISCRIMINATION claims against officers for “aiding & abetting” hotel’s refusal to register disabled vet with seizure dog properly rejected on summary judgment… untimely motion to add negligent training/supervision of officers properly denied… H. Brown affirmed. [Read more…]
Landlord-tenant, class-action, rental agreements
LANDLORD-TENANT: Class challenge of rental agreements properly certified… motions to strike material submitted with reply brief properly denied… Townsend affirmed. [Read more…]
Attempted deliberate homicide, blurted statements
ATTEMPTED DELIBERATE HOMICIDE: Spontaneous statements after being taken into custody and requesting attorney were not in response to interrogation, not subject to Miranda… one stabbing victim properly allowed to remain in courtroom while other victim testified… Swandal affirmed. [Read more…]
$300,000 verdict, wrongful discharge, police chief
VERDICT: $300,000, wrongful discharge, Colstrip Police Chief. [Read more…]
Settlements
Plan II
Brenda Buff, multiple, 9/04, disputed over-payment/under-payment and wage loss, $110,264, Michael Barer
Jennifer Clawson, shoulder(s), 3/14, $75,000, Matthew Tourtlotte [Read more…]
Tax deed, notice, title guarantee, 2009 amendment
TAX DEED void for failure to provide adequate notice to all parties listed on a property title guarantee pursuant to 2009 amendment… constitutional challenge to amendment not preserved for appeal… redemption amount properly determined, no legal entitlement to insurance or attorney fees… Dayton affirmed. [Read more…]
Will, testamentary capacity, disinherited daughters
WILL: Testamentary capacity of mother who disinherited daughters supported by substantial evidence under proper test… Townsend affirmed. [Read more…]
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