STATUTE OF LIMITATIONS: Claim of fall through service access alleges elements of negligence per se, not claims that are a “liability created by statute,” 3-year statute applies and claim is timely… Vannatta. [Read more…]
Insurance, $1,022,257.85 verdict, negligent procurement
INSURANCE: $1,022,257.85 verdict for negligent procurement failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving sinking of condo affirmed… Allison affirmed. [Read more…]
$1.8 million gross verdict (60/40), t-bone MVA, death/PI
VERDICT: $1.8 million gross, t-bone MVA, death of driver, injuries by passenger, negligence apportioned 60% to speeding other driver, 40% to deceased driver for BAC and leaving business driveway without yielding. [Read more…]
Insurance, anti-concurrent cause, certified questions
INSURANCE: 9th Circuit certified questions as to effect of anti-concurrent cause clause vis-à-vis efficient proximate cause doctrine accepted… order. [Read more…]
Insurance, anti-concurrent cause, certified question
INSURANCE: Questions certified to Montana Supreme Court as to effect of anti-concurrent cause clause in policy vis-à-vis efficient proximate cause doctrine regarding claim of house settling damage due to water leak under slab which Watters determined was excluded by Earth Movement Exclusion… order. [Read more…]
Vehicle/cattle, negligence, supervisory control
VEHICLE/CATTLE: Supervisory control of Bidegaray denied as to negligence rulings… order. [Read more…]
Insurance, collapsed deck, efficient proximate cause
INSURANCE: Efficient proximate cause of loss from collapsed deck was repeated seepage or leakage of water over extended time, an excluded peril. . . coverage denial reinforced by anti-concurrent clauses clause. . . Molloy. [Read more…]
Insurance, spy software coverage
INSURANCE: Coverage claims in spy software cases properly rejected… Watters affirmed (unpublished). [Read more…]
Service, oregon insurer, Missoula office
SERVICE: Oregon insurer (Liberty Northwest) improperly served through Missoula office rather than Insurance Commissioner, $1,504,000 default judgment void… Dayton reversed (IOR I-3(c)). [Read more…]
Insurance, boulder fall on cabin, “earth movement”
INSURANCE: Boulder fall onto cabin properly excluded under “earth movement” exclusion… no basis for UTPA claim… Tucker affirmed. [Read more…]