STATUTE OF LIMITATIONS properly held to bar passenger’s claims against former husband/driver of accident vehicle over assertion that fibromyalgia was self-concealing or driver was estopped from defending based on Montana statute because he had agreed to North Dakota’s 6-year statute… Knisely affirmed (memorandum). [Read more…]
Choice of law, Montana residents, North Dakota MVA
CHOICE OF LAW: Montana substantive law with 3-year tort statute rather than North Dakota law with 6-year statute applied to North Dakota MVA in which Montana attorney asserted claims against husband who wrecked vehicle when swerving to avoid deer in North Dakota… claim filed 6 years after MVA time-barred… statute of limitations defense not precluded by judicial or equitable estoppel, statute not tolled by claim that fibromyalgia not known to be caused by MVA… Knisely. [Read more…]
Insurance, UM, “temporary substitute” vehicle
INSURANCE: Employee injured while driving personal vehicle not covered for UM under “temporary substitute” provision of employer’s policy… Cavan/Watters affirmed (memorandum). [Read more…]
Insurance, leveraging, settlement of UIM and MP
INSURANCE: Leveraging and other UTPA claims based on settlement of UIM and MP claims without insured sending back signed release properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Insurance, UTPA/UIM, no injury from MVA
INSURANCE: UTPA/UIM claims properly disposed of by jury finding no injury from MVA over claims of unfair trial due to exclusion of claims file, denial of bifurcation, refusal to excuse panelist for cause, Judge asking jurors if they wanted to hear any more about witness’s qualifications, cumulative error… Menahan affirmed (memorandum). [Read more…]
Insurance, UTPA “dual-insured” defense verdict
INSURANCE: Defense verdict on UTPA claims handling of MVA “dual-insured loss” affirmed over argument that Plaintiff was prejudiced by exclusion of global settlement amounts… McLean affirmed. [Read more…]
$8 million settlement, $2 million fees, medical insurance
SETTLEMENT: $8 million, national class action short-term medical insurance case with 28,767 policyholders alleging use of Data iSight software to discount medical charges to below what was promised in the policies… settlement approved by Watters following final approval hearing including Class Counsel’s requested $2 million fees and $30,729.76 litigation expenses… Class Representative’s individual non-class claims settled for $900,000 new money in addition to $75,000 paid during litigation. [Read more…]
Defense verdict, UIM/UTPA claims by former agent
VERDICT: Defense, UIM/UTPA claims by former insurance agent stemming from rear-end MVA. [Read more…]
Insurance, refusal to produce entire claim file
INSURANCE: Conserving resources insufficient for supervisory control of Menahan’s refusal to order insurer to produce entire MVA/UTPA claims file… order. [Read more…]
$8 million settlement, short-term medical, class action
SETTLEMENT: $8 million, national class action short-term medical insurance case with 28,767 policyholders alleging use of Data iSight software to discount medical charges to amount below what was promised in the policies… settlement preliminarily approved by Watters with final approval hearing set… Class Representative’s individual non-class claims settled for $900,000 new money in addition to $75,000 paid during litigation. [Read more…]