Montana Law Week

The Weekly Digest of Montana Law

Archives for May 2015

Insurance, auto policy employee exclusion

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INSURANCE: Employee exclusion in truck company’s policy valid under Montana law where NJ shipper allegedly improperly loaded truck which caused it to overturn in NC, resulting in death of driver… Tibi dicta cannot withstand scrutiny in light of Reading, which is still good law despite subsequent MLPA… Tibi public policy concerns not at issue since driver’s estate received $132,627 in work comp and coverage is available under shipper’s policy for any liability by shipper… Christensen. [Read more…]

Verdict

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VERDICT: $759,740.45 to insurance agent on counterclaim alleging breach of Agency Appointment Agreement by terminating for alleged switching and failing to pay contract value… insurance company’s claim of breach of agreement/non-compete rejected.

Farmers Ins. Exchange et al v. Goldan, Gallatin DV-10-651, 4/24/15.

Mark Parker (Parker, Heitz & Cosgrove), Billings, for Farmers; John Taussig (Taussig & Taussig), Boulder, Colo., and Sherine Ferando (Kasting, Kauffman & Mersen), Bozeman, for Goldan.

Default judgment

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DEFAULT JUDGMENT: $224,982.63 net, breach of farm lease… Hayworth.

Newman Ayers Ranch v. Stoddard and Mill Iron Spear Ranch, Custer DV-12-14, 4/20/15.

Juliane Lore (Lore Law Firm), Billings & Lewistown, for Plaintiffs.

Work comp settlements

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Plan I

Blaine Edwards, low back, 6/08, $272,911, Steve Carey

Billie Taylor, low back, 1/13, disp PT, $45,000, med res, Bernard Everett

Loralee Fix, knee, 5/14, 1 medical issue, $5,000, Russell Plath

No lawyer: Cynthia Deutsch, mult, 14, disp, $2,000; Thomas Mills, upper arm, 11, $12,500, med clos

Plan II

Jeremiah Madruga, shoulder(s), 7/13, $75,000, med clos, Andrew Huppert

Seth Phelps, low back, 7/14, $50,000, medical closed, Leslae Dalpiaz

Thomas Tate, shoulder(s), 9/14, disputed, $41,500, Leslae Dalpiaz

Lisa Braley, shoulder(s), 6/14, PT, $37,500, Tommy Murphy

Kathy Fenner, shoulder(s), 6/14, disputed, $20,000, Tommy Murphy

Pam Kroll, multiple, $12,299, medical closed, Jay Dufrechou

John Hubbard, neck, 11/14, disputed, $8,000, Bradley Jones

David Ramirez, toes, 5/13, $6,000, Matthew Tourtlotte

No lawyer: Kathleen Chasteen, chest, 15, disp, $4,500, shoulder(s), 14, disp, $2,000; Paul Dahlen, mult, 14, $2,500; Justin Matthews, shoulder(s), 13, disp, $7,500; Travis Nesheim, mult, 15, disp, $400; Michael Sims, upper extrems, $9,500; Bidroe Tolbert, shoulder(s), 13, $30,000, med res; Jeriene Yatch, low back, 14, $38,944, med res

Plan III

Tamara Tragakiss, internal organs, 4/03, $170,000, med clos, James Edmiston

Kenneth Northam, lower extremities, 2/10, disputed PT, $90,000, medical reserved, Russell Plath

Leola Wentworth, lower extremities, 2/14, disputed, $66,000, Andrew Huppert

Richard Sederlin, upper extremities, 6/14, $45,000, med clos, Michael Bliven

Duane Stutzman, knee, 12/12, $45,000, med closed, Stacy Tempel-St. John

Linda Lewis, internal organs, 4/14, disputed, $15,000, Leslae Dalpiaz

Jonathan Lion, multiple, 6/93, 1 medical issue, $1,750, Laurie Wallace

No lawyer: Kenneth Clark, low back, 13, $12,000, med clos; Lonnie Frey, knee, 14, disp, $2,500; Rosario Idrogo, internal organs, 14, disp, $2,500; Brian Kallhoff, lower extrems, 10, $30,000; Wilbur Rytky, internal organs, 11, $2,302, med clos; Jacinta Walsh, hand, 14, disp, $2,500; Jordan White, wrist, 14, disp, $1,100

 

Dog bite, injury by animal v. premises liability

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DOG BITE: Injury by animal and premises liability are separate common law theories, absence of liability under one does not necessarily preclude recovery under the other… negligence claim properly rejected on summary judgment on basis that landlady did not have “reason to know” that tenants’ dogs of pit bull ancestry had vicious propensities… strict liability properly rejected for lack of evidence that dogs were purebred pit bulls or that purebreds are inherently dangerous… Boucher affirmed. [Read more…]

Debt collection/sanctions, dental bill

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DEBT COLLECTION/SANCTIONS: Summary judgment properly granted on FDCPA dental bill claim, but on basis that fees & charges were authorized by contract or law, not for failure to quickly dispute claim… attorney properly sanctioned $2,000 for missing hearing without notice of illness, $10,000 for disrespect of Court… $65,911 improperly assessed for frivolous suit in light of this Court’s finding that FDCPA claim not entirely frivolous, remanded for reconsideration… McLean affirmed (other grounds), reversed. [Read more…]