SUPERVISORY CONTROL based on claim that Vannatta’s rulings will increase complexity of inherently dangerous falling bundle of posts case denied… Order. [Read more…]
Construction contract, failure to join general contractor
CONSTRUCTION CONTRACT: Electric subcontractor’s complaint dismissed without prejudice under Rule 12(b)(7) for failure to join general contractor in attempt to avoid arbitration… Christensen. [Read more…]
Construction lien, subcontractor substitute bond
CONSTRUCTION LIEN: Subcontractor improperly allowed to file substitute bond to clear lien as required by contracts when Montana law authorizes only a “contracting owner” to do so… R. McElyea reversed. [Read more…]
Subdivision, no “further subdivision of any lot”
SUBDIVISION: Covenant prohibiting “further subdivision of any Lot” ambiguous when not read in isolation, requires extrinsic evidence… statutory damages against County for approval of amended plat improperly denied on summary judgment… covenants properly found to obligate developer to serve each lot with dual water lines for domestic and irrigation, performance not excused by doctrine of impossibility… fees to HOA premature… Reynolds reversed, affirmed. [Read more…]
Insurance, defend/indemnify State for Libby asbestos
INSURANCE: Insurer correctly held to have breached duty to defend State for injury/death claims resulting from Libby asbestos… rulings that led to $97,833,193.93 judgment against insurer upheld except as to qualifying “occurrences” and coverage for claimants exposed to asbestos prior to policy period… Holly Brown affirmed, reversed. [Read more…]
Necessary party, Board of Environmental Review
NECESSARY PARTY: Supervisory control of Bidegaray denied as to refusal to dismiss Board of Environmental Review from mining permit case… order. [Read more…]
Ethics code, Regents, CPP jurisdiction
ETHICS CODE: Regent is a public employee under Code but no CPP jurisdiction over Regents, Regent’s questions concerning 6-Mill Levy at Board meeting not violative of Code… Todd reversed, affirmed. [Read more…]
Insurance, duty to defend State, Libby asbestos claims
INSURANCE: Insurer of State against Libby asbestos claims 7/73-7/75 breached duty to defend, liable for all defense costs incurred after 7/05, amounts of completed settlements as of date each was approved, pre-judgment interest on those amounts, attorney fees/costs incurred by State in this dec action. . . H. Brown. [Read more…]