Montana Law Week

The Weekly Digest of Montana Law

Settlements

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Plan I

Casey Caldwell, right ankle, 6/19, Stillwater Mining near Nye, Stillwater accepted liability, paid wage loss and medical, disputes as to additional treatment and extent of indemnity, $76,000 new money for all claims, stipulated judgment; Greg Overturf for Caldwell, Steven Jennings for Stillwater Mining [Read more…]

Insurance, equitable estoppel, insurer v. insurer

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INSURANCE: Equitable estoppel improperly applied in dispute between insurers, remanded to determine whether this litigation with settlement between MVA Plaintiffs and primary insurer presents a single claim governed by $1 million “each Claim” limit or multiple (class) claims governed by $3 million aggregate limit… damages stemming from primary insurer’s failure to conduct a made-whole analysis for class members are not precluded by indemnification “Loss” exclusion for contract damages (first impression)… Seeley reversed, affirmed. [Read more…]

Assault on officer, attorneys’ pre-planned vacation

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ASSAULT ON OFFICER: Continuance of retrial based on attorneys’ vacation plans properly denied… no abuse of discretion in requiring witness to appear shackled and in jail clothes based on security concerns… Defendant properly sentenced as PFO based on release from a sentence on revocation… conviction affirmed… Manley affirmed. [Read more…]