INSURANCE: Coverage under homeowners or umbrella policies for damages claimed by buyers of house whose trusses had been modified to expand living area precluded by “real estate sale,” “owned property” exclusions… insurer that defended under reservation entitled to recoup defense costs… Cavan. [Read more…]
Attorney fees/costs, co-counsel splitting
ATTORNEY FEES/COSTS: Splitting arrangement properly resolved against lead counsel following settlement of med-mal legal malpractice case… McLean affirmed (IOR I-3(c)). [Read more…]
Arbitration, compel, home construction contract
ARBITRATION of home construction contract properly compelled. . . Cuffe affirmed. [Read more…]
Failure to prosecute, dismissal after favorable liability
FAILURE TO PROSECUTE: Undisclosed fire damage case properly dismissed without notice despite Plaintiff having received a favorable liability ruling before allowing it to languish in damages stage. . . Halligan affirmed. [Read more…]
Defense verdict, horse electrocution
VERDICT: Defense (50/50 negligence), horse electrocution, failure to install GFI on water trough heater power. [Read more…]
Zoning, ag/forest protest constitutionality
ZONING: Ag/forest protest provision unconstitutional delegation of legislative power to individuals to halt zoning changes… failure to name protestors cured by allowing early intervention… Townsend affirmed. [Read more…]
Wilton/Brillhart, insurance declaratories
WILTON/BRILLHART: First-filed insurance declaratory action by insurer dismissed in favor of Plaintiffs’ later State Court action (little significance attached to timing in light of other factors)… Molloy. [Read more…]
Subdivision, major, denial, ranch/safety/schools
SUBDIVISION: Application for major subdivision properly denied due to impacts on ranch, schools, public health/safety… County properly awarded $30,197 for [Read more…]
Arbitration, federal lab construction
ARBITRATION: Federal lab dispute properly resolved under FAR or FCDA, not by AAA… forum properly decided by judge, not arbitrator… Haynes affirmed. [Read more…]
Nuisance, spite fence, yard lights, verdict
NUISANCE/SPITE FENCE: Instruction that fence not nuisance merely because unsightly or obstructs view improperly limited nuisance under Montana law… declaratory judgment that fence was spite fence properly denied, fact issues properly tried… code violations properly excluded… [Read more…]