PROPERTY TAXES: Judge erroneously substituted his opinion for DOR’s in ruling that its mass appraisal methodology was unlawful… Wilson reversed. [Read more…]
Jurisdictional amount, common fund anti-stacking
JURISDICTION: Insurer failed to establish $75,000 for federal jurisdiction over State Court common fund challenge to cross-policy anti-stacking endorsement… DeSoto’s rejection of anti-stacking challenge reversed, remanded to State Court (memorandum). [Read more…]
Insurance, fire loss arson investigation
INSURANCE: Homeowners’ claims against insurer properly rejected on summary judgment for failure to cooperate with arson investigation… certification to Montana Supreme Court of enforcement of contractual duty to cooperate denied… DeSoto/Christensen affirmed (memorandum). [Read more…]
Insurance, failure to offer UIM
INSURANCE: Claim that agents breached duty of care in failing to offer UIM properly rejected on summary judgment… Morris affirmed (memorandum). [Read more…]
Discovery, Rule 35(b)(1) “like reports”
DISCOVERY: Rule 35(b)(1) “like reports” does not require insurers or their medical examiners to deliver reports for all earlier exams of the condition from all persons examined, but only earlier exams of the Plaintiff regarding the same condition to which the insurers and their Rule 35 examiners may have access… DeSoto. [Read more…]
Sovereign immunity, Reservation casino trip & fall
SOVEREIGN IMMUNITY: Reservation casino is arm of CSKT, enjoys immunity from trip & fall suit by Missoula residents… Bradley Pluff. [Read more…]
Personal jurisdiction, balcony railing fall
PERSONAL JURISDICTION: Discovery allowed into whether Defendants acted in “strategic joint venture” with retailer of railing which resulted in fall from balcony specifically targeted the Montana home-improvement market to satisfy purposeful availment prong of minimum contacts requirement… Christensen. [Read more…]
Insurance, passenger’s UIM, vehicle’s UIM, offset
INSURANCE: Passenger’s insurer not entitled to offset dollar-for-dollar its UIM obligation by vehicle insurer’s excess UIM payment instead of 2/3 pro rata provided in policy, but is entitled to offset its UIM by its med-pay pursuant to non-duplication provision. . . Plaintiff entitled to fees on issues she prevailed on, not required to prevail on all claims. . . Deschamps reversed, affirmed. [Read more…]
Will, undue influence, lack of capacity, fiduciary
WILL disinheriting son & daughter in favor of new wife properly declared void for undue influence, lack of capacity… fees awarded against PR for breach of fiduciary duty… Larson affirmed (IOR I-3(c)). [Read more…]
Sanctions, $306,954.23, failure to disclose 1st Will
SANCTIONS: Informal probate of contested 2011 Will executed by dying man disinheriting son named in 1980 Will and leaving Estate to wife of 13 months denied as default sanction for failure to timely disclose Will executed days before contested Will… contested Will also rejected in formal probate… $306,954.23 fees/costs assessed under Rule 37 for untimely disclosure of Will, plus fees-for-fees (disputed as to joint & several with counsel)… Larson. [Read more…]