Montana Law Week

The Weekly Digest of Montana Law

Insurance, med-pay advance absent explicit request

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INSURANCE: Insurer had no obligation under UTPA to advance-pay 3rd-party medical bills absent explicit request, demand, or claim, also had reasonable basis for not making advance payments… common law bad faith claim time-barred… DeSoto’s 56(a) ruling not precluded by Lynch’s prior 12(b)(6) ruling… DeSoto/Morris. [Read more…]

Settlements

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Plan I

Perry Rose, low back, 7/21, Weyerhaeuser/Plum Creek Timber, Columbia Falls, Weyerhaeuser accepted liability, paid all benefits due & owing, disputes as to wage loss, nature & extent of injury, need for future treatment, $150,000 for all claims, stipulated judgment; Wayne Olson for Rose, Charlie Smith for Weyerhaeuser [Read more…]

Attorney fees, oral contract with no fee provision

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ATTORNEY FEES improperly awarded prevailing Defendant in construction defects suit based on contract reciprocity when oral contract contained no fee provision… no fees reciprocity based on statute, but remanded to consider Foy fees… pro se Plaintiff’s motion to dismiss LLC properly denied as pro se cannot represent another, likewise improper for pro se to appeal on behalf of LLC… Gilbert reversed, affirmed. [Read more…]

Public road easement through house/garage

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PUBLIC ROAD EASEMENT: County properly failed to establish 30 foot easement from center of County road onto Defendant’s property through his garage & house based only on unmarked dashed line on COSs… $42,671 fees and $1,111.29 costs properly awarded under UDJA… Harris affirmed (memorandum). [Read more…]