Montana Law Week

The Weekly Digest of Montana Law

Archives for 2021

Settlements

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Plan I

Angela Losoya, shoulder 8/20, COVID 9/20, Billings, MHN denied COVID claim based on lack of notice and medical causation, dispute as to infection source in connection with the COVID claim, $3,500 for all claims, stipulated judgment; Angela Losoya, pro se, Joe Maynard for Montana Health Network [Read more…]

Malicious prosecution claim against law firm

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MALICIOUS PROSECUTION claim against law firm properly dismissed based on judicial estoppel for failure to disclose criminal fraud charges in bankruptcy schedules, improperly dismissed based on failure to disclose civil fraud claim… reasonableness of firm’s investigation of Plaintiff’s role in foreclosure must be resolved by a jury… Wilson affirmed, reversed. [Read more…]

Insurance, duty to provide policy to 3rd-party claimant

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INSURANCE: Claim that insurer has duty to provide policy to 3rd-party claimant when insured’s liability is reasonably clear not rendered moot by insured providing the policy after suit filed… insurer failed to show inapplicability of voluntary cessation exception by showing its conduct will not recur… Rienne McElyea reversed. [Read more…]

Settlements

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Plan I

Tammy Birk, low back, hips, right leg, 6/21, Smith Foods, Kalispell, disputes as to liability for the claim, wage loss, nature & extent of injury, need for future treatment, $10,000 for all claims, stipulated judgment; Leslae Dalpiaz for Birk, Charlie Smith for Kroger [Read more…]

Emotional distress, parasitic damages, rehearing denied

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EMOTIONAL DISTRESS: Rehearing denied as to 9th Circuit certified question answer that parasitic emotional distress damages not available for personal property negligence claim which “reversed” $62,750 verdict for “unspecified, non-property damages” stemming from theft from tire shop of vehicle containing gun, ammunition, documents with home address, house keys… order. [Read more…]