JUDGE SUBSTITUTION motion untimely in scenario with 2 orders calling retired Judge after retirement of presiding Judge and purported recusal of successor… McLean affirmed (IOR I-3(c)). [Read more…]
Insurance, $2.5 million punitives to $1,064,282.44
INSURANCE: $2.5 million punitives for failure to unconditionally pay UIM to motorcyclist’s estate cut to $1,064,282.44 (4-1 ratio)… attorney expert testimony upheld… new trial not warranted by failure to produce documents during time Plaintiff and attorney conferred as “friends”… Anderson affirmed, reversed (unpublished). [Read more…]
City annexation, “partial” “contiguous” tracts
CITY ANNEXATION: “Partial” tracts linked by road properly deemed contiguous… no fraud or duress in obtaining annexation waivers in exchange for water… equal protection claim rejected… Gilbert affirmed. [Read more…]
Clean Indoor Air, casino smoking structures
CLEAN INDOOR AIR: Smoking structures attached to casinos are “enclosed public places” subject to CIAA notwithstanding “vents,” enforcement not precluded by purported judicial admission, estoppel… fees improperly awarded to owners who prevailed at preliminary injunction stage but lost on merits… Pinski reversed. [Read more…]
Insurance, duplicate med-pay/health insurance
INSURANCE: Based on plain language of auto policy and common sense meaning of “incurred,” insured not precluded from duplicate payment for medicals paid under health policy (1st impression)… insured entitled to fees/ interest, claim for punitives waived by failure to pursue in appeal… Macek reversed. [Read more…]
Insurance, reasonable basis in law, contract, UTPA
INSURANCE: Breach of contract not ameliorated by reasonableness of breaching party’s actions, insurer incorrectly allowed to raise “reasonable basis in law” defense to contract claims where this Court previously held that it incorrectly [Read more…]
Insurance, umbrella, family member exclusion
INSURANCE: Umbrella household exclusion correctly found to unambiguously exclude wife’s claim as passenger in vehicle driven by husband, not violative of reasonable expectations or [Read more…]
Insurance, stolen unattended vehicle in driveway
INSURANCE: Unattended Motor Vehicles statute not applicable to vehicle stolen while warming up in private driveway (1st impression)… declaratory action not appropriate for determining whether coverage under owner’s policy for damages incurred by driver of vehicle rear- [Read more…]
Pleading, police officer’s complaints against Chief
PLEADING: Police officer’s litany of complaints of mistreatment and retaliation by Chief for “proactive enforcement style” fails to provide sufficient nexus to any cause recognized in Montana or sufficient [Read more…]
Insurance, UIM/med pay procurement
INSURANCE: Negligence/fiduciary duty claims alleging failure to procure UIM/med pay in excess of $5,000 in transfer of policy from Oregon rejected on summary judgment… McKinnon. [Read more…]