Montana Law Week

The Weekly Digest of Montana Law

Insurance/marital/probate, term life beneficiaries

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INSURANCE/MARITAL/PROBATE: Term life beneficiaries improperly changed from wife & business to sister while economic TRO in effect even though changes could have been made between divorce and death, must be set aside under equitable power to order return to status quo when TRO violator has died… sister, although surprised to be named beneficiary of 2 policies (one not disclosed in divorce), unjustly enriched by $2,306,103.13 proceeds which she invested in real estate, constructive trust imposed in favor of decedent’s son & daughter per MSA and parenting agreement, to be resolved in equity on remand… Neill reversed. [Read more…]

Insurance, attorney fees, $200,000 UIM verdict

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INSURANCE: Insufficient record to determine if Plaintiff’s request for fees under insurance exception was properly denied following $200,000 UIM verdict… both parties’ actions during entire process must be considered, not merely that insurer did not deny UIM coverage and Plaintiff sued before evidence sufficiently developed… disputed review standard clarified… Menahan reversed. [Read more…]

Medical damages, billed v. paid by insurer

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MEDICAL DAMAGES: Actual amounts billed to deceased tort victim admissible, not limited to amounts actually paid by Medicare/BCBS… reasonableness of bills as measure of damages to be determined by the jury… Defendants may contest reasonableness, Plaintiff may counter with what Medicare pays to other providers… order admitting only evidence of amounts insurers paid violates collateral source rule… supervisory control of Oldenburg granted. [Read more…]