INSURANCE: Personal jurisdiction found over out-of-state medical reviewers who recommended denial of health coverage for Montanan… 12(b)(6) dismissal of aiding & abetting, UTPA, contractual interference, punitives claims against doctors and medical review entity denied… Larson. [Read more…]
Insurance bad faith, TRICARE co-payee condition
INSURANCE BAD FAITH: Insurer had reasonable basis in law to condition payment on resolution of TRICARE liens, liability improperly imposed for $1,464,000 consent judgment… Pinski reversed. [Read more…]
Work comp subrogation, Oklahoma v. Montana law
WORK COMP SUBROGATION: Oklahoma employer precluded by Art. II §16 and Choice of Laws §90 (public policy) from comp lien against tort recovery of employee injured in Montana… Todd affirmed (other grounds). [Read more…]
$2,375,000 class settlement, residential rentals
SETTLEMENT: $2,375,000, class action, residential rental agreements with allegedly illegal provisions. [Read more…]
$950,000 settlement, “experimental for research”
SETTLEMENT: $950,000, class action, state employee benefits plan beneficiaries denied benefits under “experimental for research” exclusion, approved by Neill. [Read more…]
Removal, insurer/adjuster bad faith, joinder
REMOVAL: Remand of bad faith suit against insurer and adjuster on the basis of asserted defects in removal notice denied under 1988 amendments to Title 28, but granted on basis that Complaint alleged sufficient facts to state claim of unfair settlement practices by adjuster, Defendants’ failure to show that joinder should be deemed fraudulent… Morris. [Read more…]
Insurance bad faith, TRICARE settlement co-payee
INSURANCE: Insurer’s conditioning MVA settlement on TRICARE as co-payee not required by any applicable or analogous law, no reasonable basis in law for delaying payment 6 months until Plaintiff obtained TRICARE waiver, liable for $1,464,000 consent judgment… Pinski. [Read more…]
$27 million settlement, vehicle roll, quadriplegia
SETTLEMENT: $27 million, vehicle rollover, college student missionary, quadriplegia. [Read more…]
State employee benefits plan, “experimental”
CLASS CERTIFICATION: Class of state employee benefits plan beneficiaries denied benefits under “experimental for research” exclusion certified on remand, certification modified to require members to be responsible for re-opening their own claims… Neill. [Read more…]
Medical damages, billed v. paid by insurer
MEDICAL DAMAGES: Actual amounts billed to deceased tort victim admissible, not limited to amounts actually paid by Medicare/BCBS… reasonableness of bills as measure of damages to be determined by the jury… Defendants may contest reasonableness, Plaintiff may counter with what Medicare pays to other providers… order admitting only evidence of amounts insurers paid violates collateral source rule… supervisory control of Oldenburg granted. [Read more…]