Montana Law Week

The Weekly Digest of Montana Law

Archives for October 2015

Insurance, attorney fees, $200,000 UIM verdict

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INSURANCE: Insufficient record to determine if Plaintiff’s request for fees under insurance exception was properly denied following $200,000 UIM verdict… both parties’ actions during entire process must be considered, not merely that insurer did not deny UIM coverage and Plaintiff sued before evidence sufficiently developed… disputed review standard clarified… Menahan reversed. [Read more…]

Public access, $375,000 for bridge restoration

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PUBLIC ACCESS EASEMENT: Advisory jury’s verdict of $375,000 properly adopted as supplemental declaratory relief for “restoration” of public access bridge that had been moved from canal crossing… fees/ costs properly awarded PLWA, but improperly ordered taken out of $375,000 restoration fund, remanded for separate award… Olson affirmed, reversed. [Read more…]

Order of protection, sua sponte amendment, fees

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ORDER OF PROTECTION/EASEMENT: Order of protection improperly amended sua sponte without notice… amendment of injunction complaint to add new easement theories and property owner as Defendant properly denied, summary judgment properly granted based on original complaint… equitable attorney fees properly awarded Plaintiffs… Wheelis affirmed, reversed. [Read more…]