INSURANCE: No coverage or duty to defend correctly found because insureds’ conduct in access dispute did not constitute “accident” or “occurrence”… duty to indemnify improperly found not ripe… insureds properly denied more time for discovery… McMahon affirmed, reversed. [Read more…]
Archives for 2020
Insurance, interpleader order preclusive to bad faith
INSURANCE: Claim that statement in 2012 interpleader order that insureds’ liability was not reasonably clear in Hyundai death case properly given preclusive effect as to 2015 bad faith claim… Manley affirmed. [Read more…]
Foreclosure, 2011 judgment final, en masse sheriff’s sale
FORECLOSURE: 2011 foreclosure order was a final judgment that was appealed twice, challenge to 2011 en masse sheriff’s sale should have been brought at that time, but in any event there was no abuse of discretion in en masse sale, present suit against County properly rejected… Cuffe affirmed (IOR I-3(c)). [Read more…]
Statute of limitations, 2003 Camaro theft, chain possessors
STATUTE OF LIMITATIONS properly held to bar claims against 2 latest possessors of Camaro stolen in 2003… $16,000 default against first 2 possessors… Townsend and Marks affirmed (IOR I-3(c)). [Read more…]
PFMA strangulation, alibi, jail phone recordings
PFMA STRANGULATION convictions affirmed over alibi claim and improper admission of jail phone recordings purportedly precipitated by attorney’s “dumb mistake” as to alibi timeline… Harada affirmed (IOR I-3(c)). [Read more…]
SSD/SSI, local rule briefs format
SSD/SSI claims properly denied… no prejudice by SSA disregarding local briefs format rule… Lynch affirmed (memorandum). [Read more…]
Mental records in tort recovery subrogation
Mental records are discoverable in tort recovery subrogation case… Sandler. [Read more…]
Settlements
Plan I
Aimee MacArthur, lungs, 8/17, chemical exposure, St. Patrick’s Hospital, Missoula, Providence accepted claim, disputes as to whether Petitioner is PTD or PPD, $100,000 to settle indemnity, medical reserved, stipulated judgment; Leslae Dalpiaz for MacArthur, Adrianna Potts for Providence Health & Services [Read more…]
Employment contract, soccer coach, alleged escort calls
EMPLOYMENT CONTRACT: Fired soccer coach’s privacy and negligence claims stemming from alleged escort calls on university phone properly found to arise solely under contract, dismissed for failure to timely file… defamation and tortious interference claims independent of contract, improperly dismissed for failure to state claim… Larson affirmed, reversed. [Read more…]
Work comp, Class 1 claimants without actual wage loss
WORK COMP: Legislature had rational basis for distinguishing between Class 1 and Class 2 or higher impairment claimants without actual wage loss, equal protection challenge properly rejected… Sandler affirmed. [Read more…]
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