Montana Law Week

The Weekly Digest of Montana Law

Archives for 2020

False arrest, illegal presence in US v. illegal entry

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FALSE ARREST: JP who called Deputy to arrest witness in protective order case whom object of protective order asserted was “not a legal citizen” and the Deputy who effected the arrest not entitled to immunity from §1983 suit because it was well-established that unlike illegal entry into the US, illegal presence is not a crime… Watters affirmed. [Read more…]

Insurance, GEICO’s subrogation practices

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INSURANCE: Motion to dismiss putative class action challenging subrogation practices of GEICO and related entities granted in part including rejection of boilerplate allegations of personal jurisdiction over non-contracting entities based on a conspiracy theory… Molloy. [Read more…]

Insurance, personal motorcycle, corporate auto policy

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INSURANCE: Sole shareholders of corporation were not “insureds” under business auto policy when shareholder crashed his personal motorcycle, no UM/MP coverages where only evidence for claim of being run off road by unidentified driver was affidavit of motorcyclist who later died from injuries and wife who was not present… agent had no duty to procure coverage for individuals or inform them of limitations of corporate policy… J. Brown affirmed (IOR I-3(c)). [Read more…]

Property taxes, condemned water company tax refund

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PROPERTY TAXES: Condemned water company’s request for tax refund properly denied, but because proration did not occur in condemnation proceeding, not on grounds of unjust enrichment… Halligan affirmed (other grounds). [Read more…]