Montana Law Week

The Weekly Digest of Montana Law

Archives for 2019

FELA/LIA/FRSA, $2,171,154.50 verdict rulings, fees

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FELA/LIA/FRSA: $2,171,154.50 verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury upheld… $42,732.47 prejudgment interest added to $500,000 emotional distress award plus $657,107 attorney fees, $81,713.22 expenses, $233,993.70 expert fees, $23,308.94 taxed costs… Christensen. [Read more…]

Settlements

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Plan I

Corine Meder, trunk strain or tear, 5/03, MVA, MMIA accepted liability, disputes as to entitlement to indemnity, rehab, medical, $320,000 for all claims plus MMIA will fund by annuity a previously approved MSA, stipulated judgment; David Legare for Meder, Oliver Goe for MMIA [Read more…]

Insurance, $10 million consent judgment reasonableness

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INSURANCE: $10 million consent judgment in favor of ranchers and against CPA firm improperly given presumption of reasonableness where insurer was providing a defense and had not “abandoned” the insured… remanded for separate breach of contract or UTPA claims with insured having to prove all elements including damages… Eddy reversed. [Read more…]

Insurance agency, 3rd-party agent contract beneficiary

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INSURANCE AGENCY: Agency correctly found to be 3rd-party beneficiary to agreement between independent contractor and insurance company, agreement correctly found ambiguous requiring extrinsic evidence, but error to not consider extrinsic evidence demonstrating company’s intent in entering the agreement and to rely on hearsay and a letter not of record to support judgment for agency… Todd affirmed, reversed (IOR I-3(c)). [Read more…]