FAILURE TO PROSECUTE: Dismissal of $5,157,580.10 default judgment case after “nine years of madness” affirmed… Allison affirmed (memorandum). [Read more…]
$115,500 assault & battery judgment reversed, remanded
ASSAULT & BATTERY: $115,500 judgment on verdict reversed for improper exclusion of self-defense expert for untimely disclosure, remanded for new trial… Marks reversed. [Read more…]
Attorney fees, road rage assault & battery
ATTORNEY FEES: Prevailing Plaintiff in road rage assault & battery case entitled to fees pursuant to §27-1-722(4) because Defendant “asserted” justifiable force under the civil statute and not as claimed merely under the criminal statute… amount to be determined at reasonableness hearing… Marks. [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…]
$88,700 verdict, alleged armed assault/battery
VERDICT: $88,700, alleged armed assault and physical battery on private road. [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…]
$237,659.60 default judgment, wrongful discharge
DEFAULT: $237,659.60 wrongful discharge judgment properly not set aside based on excusable neglect where registered agent received summons but HR Director initiated internal investigation rather than company filing appearance or answer… Townsend affirmed. [Read more…]
Insurance, additional insured, well death
INSURANCE: Endorsements to well contractor’s CGL policy did not extend additional insured status to owner seeking coverage for death of flow tester, no duty to defend/indemnify… Laird reversed. [Read more…]
Insurance, $12 million confessed judgment, collusion
INSURANCE: Confessed judgment of $12 million ($17 million with interest at 12%) against insurer that refused to defend properly found unreasonable and product of collusion between real estate developer’s 2 entities engaged in construction of his luxury home on Flathead Lake island, but collusion so egregious that proper remedy is dismissal in entirety rather than reduction to “reasonable amount” of $2,432,010… $925,619.87 attorney fees & costs improperly awarded under “inherent powers,” but awardable under UDJA… Eddy affirmed, reversed. [Read more…]
Appellate procedure, overlength brief
APPELLATE PROCEDURE: Appellee in house construction/insurance dispute granted overlength brief to 15,000 words. . . order. [Read more…]