INSURANCE: Insurers had duty to defend entity purporting to find boarding school placements for troubled teens, coverage not barred by “professional” exclusion in light of non-professional conduct including panicked school employee failing to aid potentially suicidal teen found [Read more…]
$71,680 net verdict, MVA, neck/disk/fibro
VERDICT: $71,680 net (36/0/64), MVA, soft-tissue neck, cervical disk bulge, fibromyalgia aggravation.
A Dillon jury found that Jessica Clise was negligent and a cause of damages to Kimberly Rogers in connection with a collision near Hwy 91 South and [Read more…]
Insurance, duty to defend home builder
INSURANCE: Builders’ commercial liability insurer has duty to defend against homeowners’ claims of misrepresentations as to cost and failure to complete job, resulting in “property damage” in form of loss of use of house… factual disputes underlying duty to indemnify to be resolved in State Court… Molloy. [Read more…]
Statute of repose
Petitioner received treatment and made demands for payment within statute of repose… Shea. [Read more…]
Settlements
Plan I
Shannen Rohrich, low back, 10/10, disputed, $51,000, Darrell Worm
Cathy Watters, low back, 7/11, $8,500, Paul Toennis [Read more…]
Work comp, truck driver arthritis OD, 2009 WCA
WORK COMP: Truck driver’s duties, compared to all other contributing causes, were leading cause of worsening of osteoarthritis leading to inability to drive, OD compensable under 2009 WCA… Shea affirmed. [Read more…]
Insurance, UIM/med pay procurement
INSURANCE: Negligence/fiduciary duty claims alleging failure to procure UIM/med pay in excess of $5,000 in transfer of policy from Oregon rejected on summary judgment… McKinnon. [Read more…]
$2 million settlement, jail death
SETTLEMENT: $2 million, jail death, alleged failure to provide medical care, common law negligence/§1983. [Read more…]
Wilton/Brillhart, insurance declaratories
WILTON/BRILLHART: First-filed insurance declaratory action by insurer dismissed in favor of Plaintiffs’ later State Court action (little significance attached to timing in light of other factors)… Molloy. [Read more…]
Arbitration, variable annuities contract
ARBITRATION: Motion to compel arbitration of dispute over variable annuities contract granted… sophisticated investor, non-credible witness… Texas law governs, but no different outcome under Montana law because arbitration clause, although contract of adhesion, does not [Read more…]
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