Montana Law Week

The Weekly Digest of Montana Law

Settlements

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Plan I

Michael Plovanic, low back, 1/15, Benefis accepted claim, disputes as to rehab/retraining, extent of whole-body impairment and award, PPD, $67,000 to resolve these disputes, medical benefits remain open, stipulated judgment; Ben Snipes for Plovanic, Andrew Adamek for Benefis Health System [Read more…]

Easement, landlocked river properties, $96,650 fees cut

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EASEMENT: Implied easement by preexisting use properly found for residential use of landlocked river properties that have no other means of access but improperly found to extend to other HOA members… all HOA members properly found to have prescriptive easement for residential and recreation… easement for use by public improperly found as HOA did not assert its claim on behalf of the public… UDJA appropriate for HOA to seek attorney fees for easement claims, but $96,650.18 attorney fees/costs improperly awarded as both parties had good faith beliefs supporting their claims and insufficient evidence of unequal footing… Pinski affirmed, reversed. [Read more…]

Obstruction, erroneous conduct-based “knowingly”

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OBSTRUCTION: Jury given improper conduct-based “knowingly” instruction as to obstruction of officer for refusing blood test, counsel ineffective for not seeking results-based instruction, not cured by State’s closing argument stating correct burden… obstruction conviction reversed, remanded for new trial… Reynolds reversed. [Read more…]

Insurance, duty to defend defective siding claims

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INSURANCE: Seeking declaratory judgment as to duty to defend defective siding claims does not constitute direct or anticipatory repudiation breach of contract but is endorsed by Montana Supreme Court… duty to indemnify for insured’s out-of-pocket settlements brokered without insurer’s consent not plausible breach of contract… plaintiff in underlying State Court suit against siding Defendant not a necessary party to declaratory action under rationale forged by this Court in light of open question in 9th Circuit… Landis stay of declaratory action granted as to on-the-merits determination of whether claims in State Court suit are covered by Policy, denied in all other respects… Christensen. [Read more…]

Product liability, fire/injuries, leaking BBQ propane

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PRODUCT LIABILITY: Summary judgment rulings as to fire/injuries from leaking barbecue grill propane tank… summary judgment denied for valve manufacturer… summary judgment granted as to punitives for store, denied as to propane supplier… all affirmative defenses including misuse and assumption of risk precluded… Plaintiffs’ motion for summary judgment denied as to liability… recommendations by Cavan adopted by Watters. [Read more…]