INSURANCE: Coverage and defense of oilfield waste pollution suits by Louisiana entities for activities in Montana precluded by failure to provide timely notice and by material misstatements in policy applications… Louisiana law applied in case transferred to Montana… Morris affirmed. [Read more…]
No need or best interest for $150,000 lump sum of PTD
Petitioner failed to demonstrate need for $150,000 lump-sum of PTD or that it is in her best interest… Sandler. [Read more…]
Settlements
Plan I
Nathan White, disk, 6/20, $6,500, Kiel Duckworth [Read more…]
Insurance, Policy Simplification Act certified answer
INSURANCE: Despite failure to follow Policy Simplification Act table of contents/notice provisions an insurer may rely on unambiguous exclusions when invalidating would increase the risk assumed… 9th Circuit certified question answered… Molloy reversed. [Read more…]
Nuisance, abusive behavior easement dispute, $360,000
NUISANCE: Abusive behavior in easement dispute supported $360,000 parasitic emotional distress and punitive damages verdict… punitives cap waived by limited financial information provided… Ulbricht affirmed. [Read more…]
Employment discrimination, fair food booth operator
EMPLOYMENT DISCRIMINATION: Fair food booth operator’s claim of retaliation for discrimination complaint properly dismissed for failure to establish prima facie case… HRB/Ulbricht affirmed (memorandum). [Read more…]
Obstruction, attempting to walk away from officer
OBSTRUCTION OF OFFICER: Dismissal for insufficient evidence to convict order of protection suspect who attempted to walk away from officer while being questioned improperly denied… Lerman/Vannatta reversed. [Read more…]
Justice Court jurisdiction, other county blood warrant
JUSTICE COURT JURISDICTION: Wheatland JP had jurisdiction to issue warrant for blood draw of driver arrested for DUI in Golden Valley… Egebakken/Spaulding affirmed. [Read more…]
Settlements
Plan I
James Amari, low back, 12/18, Providence Health, Missoula, Providence accepted liability, paid undisputed medical & indemnity, disputes include nature & extent of injury, causal connection between injury and other conditions, whether the injury aggravated any pre-existing conditions, sequelae of the injury, post-injury employability, need for past, current, or future treatments in connection with job injury, $47,500 for the indemnity plus $21,678 MSA for the medical, stipulated judgment; Steve Fletcher for Amari, Thomas Harrington for Providence Health & Services [Read more…]
Insurance, surreptitious shower recording of minor
INSURANCE: Coverage of surreptitious shower recording of minor excluded “sexual misconduct,” insurer had no duty to defend against civil claims resulting in $500,000 consent judgment… Fehr affirmed. [Read more…]
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