INSURANCE: Montana mining company’s claim-splitting UTPA claims against adjuster barred by res judicata of Delaware court’s resolution of claims against insurers… Restatement of Judgments exceptions inapposite… discovery on the issue of agency denied in light of Plaintiff’s admission of facts sufficient to establish privity between insurer and adjuster… Wald. [Read more…]
Insurance, long-term leak exclusion, basement leak
INSURANCE: Damage from pipe leakage in basement of part-time home excluded under long-term leak exclusion… Molloy. [Read more…]
Insurance, Earth Movement Exclusion, home damages
INSURANCE: Earth Movement Exclusion unambiguously precludes coverage for homeowners’ claims against developer for damage caused by settlement of soil under/around homes regardless of natural v. human-made cause… Todd reversed. [Read more…]
Insurance, house cracks, Earth Movement Exclusion”
INSURANCE: “Physical injuries” of house cracks occurred at time of construction, not discovery, are within policy coverage period, not barred by Earth Movement Exclusion, insurer has duty to provide coverage… Todd. [Read more…]
Noncompete covenant, departing CPAs, $2,353,463
NONCOMPETE COVENANT: $2,353,463 damages properly awarded against CPAs who left with client list to start new firm, jointly & severally rather than individually (thinly-veiled attempt to invalidate Covenant as grossly unreasonable)… prejudgment interest properly awarded except 1 month too soon… discovery sanctions properly denied… Eddy affirmed. [Read more…]
Supervisory control, hospital peer review data privilege
SUPERVISORY CONTROL of J. Brown denied as to admission of hospital Medical Executive Committee correspondence vis-à-vis peer review data privilege (order). [Read more…]
Insurance, out-of-state medical reviewers
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…]
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…]
Work comp, subrogation lien, $3.3 million PI
WORK COMP: Oklahoma comp lien asserted against $3.3 million tort settlement of Montana MVA subject to Montana’s made-whole doctrine under Oberson… Todd. [Read more…]
Insurance, bicycle crash, parents’ corporate policy
INSURANCE: Student injured in bicycle crash not covered by UIM/MP in parents’ corporate policy… Ulbricht affirmed. [Read more…]