Montana Law Week

The Weekly Digest of Montana Law

Archives for November 2015

Mischief/theft/trespass

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MISCHIEF/THEFT/TRESPASS: No prejudice from evidence of no driver’s license since 2004 due to DUI… instruction on lesser-included misdemeanor criminal mischief properly not given… no ineffective assistance by failing to request result-based definition of “purposely” committing criminal mischief… sentence not improperly based on indigency (time it would take to pay restitution)… McKeon affirmed (IOR I-3(d)). [Read more…]

Insurance, assisted-living, eligibility, certification

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INSURANCE: Eligibility provision of assisted-living policy required only that provider certify that person needed services because she was “Chronically Ill,” insurer’s “needs and receives” interpretation of ambiguous provision rejected… eligibility satisfied when doctor said person was cognitively impaired and needed supervision, policy breached when insurer represented otherwise, whether breach caused damages for jury to resolve… insurer’s refusal to even consider doctor’s letter certifying that person was cognitively impaired and needed assisted living violated §33-18-201(4) requirement to consider “all available information,” whether violation caused damages for jury to resolve… contra proferentum precludes summary judgment for insurer’s reasonable basis defense… promise by insurer years ago to sell policy that would cover all needs if person had to move into assisted living facility not necessarily fraud… Kutzman. [Read more…]

Insurance, home defects, $192,500 confession

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INSURANCE: Insurer breached duty to defend contractor against home defect claims, liable for $192,500 settlement… Court declines to extend insurance exception or DJA to assignee of indemnity right under insurance contract for attorney fees… assignee has standing to bring coverage action, sue under UTPA, despite insurer not consenting to insured assigning rights… insurer’s coverage argument a non-issue following breach of duty to defend… risk retention group irrefutably subject to liability for any proven violations of UTPA, Court disheartened by representations otherwise… amendment by Plaintiff to fix typo granted over insurer’s request for summary judgment for citation to wrong statute… Christensen. [Read more…]