Montana Law Week

The Weekly Digest of Montana Law

Archives for 2018

Insurance, no Ridley exception when other insurer pays

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INSURANCE: Request for declaration that insurer’s advance pay obligations only apply to medical bills not paid by another insurer or source denied. . . allowing exception to Ridley would diminish purpose of the rule by making it more complicated for innocent party to recover what is owed. . . McElyea. [Read more…]

Water system condemnation, expenses “incurred”

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WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]

Default, “Antonius-Damascus; Raelund” not party

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DEFAULT: “Antonius-Damascus; Raelund” not a party in interest, has no standing to seek to set aside default and default judgment in lease/purchase agreement scam . . . son or step-son who claimed to have signed the lease only in representative capacity properly denied leave to intervene of right. . . lease was option to purchase, not contract of sale, subject to LTA remedies including balance of rent due since 8/16, treble damages, attorney fees/costs, interest. . . Wilson affirmed. [Read more…]