Montana Law Week

The Weekly Digest of Montana Law

Archives for November 2021

Insurance, defend/indemnify State for Libby asbestos

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INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]

PFMA, “sharp practice” “set trap,” strangulation denial

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PFMA: Prosecutor engaged in “sharp practice” to “set the trap” to bring in undisclosed former girlfriend who was sitting in courtroom as rebuttal to professional band member’s denial of ever strangling anyone… testimony was error but jury saw through State’s tactics and not grounds for reversal as it did not arouse the jury’s hostility such that there is a possibility that Defendant was convicted on anything other than the permissible evidence… conviction affirmed… Vannatta affirmed. [Read more…]

Settlements

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Plan I

Steven Staal, left leg, 1/19, FedEx, Bozeman, FedEx accepted liability, paid all benefits due & owing, Petitioner injured left ankle and neck in a motorcycle accident in 6/20, disputes as to whether it was a material aggravation of the job injury, wage loss, nature & extent of injury, need for future treatment, $155,000 for all claims, stipulated judgment; Stacy Tempel-St. John for Staal, Charlie Smith for FedEx [Read more…]