The Weekly Digest of Montana Law
By lilly
Plan I
David Bowen, head/neck, 11/22, City of Helena, MMIA accepted liability, right hip, 11/23, claim accepted, left upper extremity, 1/19, claim never accepted, disputes as to liability for right hip osteoarthritis, right total hip replacement, past medicals, future indemnity & medical, $220,000 new money for all claims, stipulated judgment; Matthew Murphy for Bowen, Morgan Weber for MMIA [Read more…]
By lilly
TITLE INSURANCE: Insurer properly held not obligated to defend insured against counterclaims… Owen affirmed. [Read more…]
By lilly
ONCOLOGIST TERMINATION: Health Care Quality Improvement Act properly held to immunize hospital and physicians from damages arising out of peer review of suspended oncologist… Menahan affirmed. [Read more…]
By lilly
SUPERVISORY CONTROL of 4th Judicial District (formerly Deschamps, now Elliott) denied in child custody proceeding… Order. [Read more…]
By lilly
SEX ABUSE OF CHILDREN: 100 years at MSP, 65 suspended, no parole for 25 years for 69 IQ Defendant in on-line sting affirmed… Fehr affirmed. [Read more…]
By lilly
IME: Defendant’s motion for IME in form of psychological evaluation granted subject to requirements… IME in form of physical exam denied… Linneweber. [Read more…]
By lilly
INSURANCE: Because Auto Policy did not cover off-road UTV, denial of defense was justified… Watters reversed (memorandum). [Read more…]
By lilly
Plain I
Christopher Orth, low back, 5/23, near Nye, Stillwater initiated benefits, disputes as to medical causation, future medical, wage loss, $75,000 for all claims, stipulated judgment; Greg Overturf for Orth, Joe Maynard for Stillwater Mining [Read more…]
By lilly
INHERITANCE of $100,000 MVA insurance for child’s death properly denied mother for refusal to support the child… Brown affirmed. [Read more…]
By lilly
SUBDIVISION COVENANTS: Motocross course incorrectly found to not violate “residential use” covenant, hitting golf balls onto neighbor’s property correctly found violative and trespass, ramp-building correctly found not violative of commercial activity prohibition… Plaintiffs entitled to attorney fees as prevailing party… Krueger affirmed, reversed. [Read more…]