Montana Law Week

The Weekly Digest of Montana Law

Jail death, $381,360 judgment, settled party hospital

By

JAIL DEATH: $681,000 gross verdict to Estate of inmate who died of DTs, 41% fault by Hill Co., 15% fault by Blaine Co., 44% fault by settled party Northern Montana Hospital, affirmed over challenge to retired ER doctor as med-mal expert and inclusion of NMH on special verdict form… $102,150 judgment against Blaine Co., $279,210 against Hill Co., affirmed… Olson affirmed. [Read more…]

12(b)(6) dismissal with v. without prejudice

By

12(b)(6) DISMISSAL: MVA Plaintiffs’ claim that medical providers charged impermissible rates failed to demonstrate “concrete” harm and thus Article III standing, but should have been dismissed without prejudice to allow amendment… Morris affirmed, reversed (memorandum). [Read more…]

$6,952,065 settlements, hospital employees’ health plans

By

SETTLEMENT: $6,952,065, action for accounting, disgorgement of profits, reimbursement of losses, on behalf of 11,000 employees with health benefit plans at 5 hospitals. [Read more…]

Insurance, equitable estoppel, insurer v. insurer

By

INSURANCE: Equitable estoppel improperly applied in dispute between insurers, remanded to determine whether this litigation with settlement between MVA Plaintiffs and primary insurer presents a single claim governed by $1 million “each Claim” limit or multiple (class) claims governed by $3 million aggregate limit… damages stemming from primary insurer’s failure to conduct a made-whole analysis for class members are not precluded by indemnification “Loss” exclusion for contract damages (first impression)… Seeley reversed, affirmed. [Read more…]

Insurance, defend/indemnify State for Libby asbestos

By

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…]

Arbitration, insurance, “any dispute,” “service of suit”

By

ARBITRATION: Insurance policy requiring arbitration of “any dispute” arising out of policy and “service-of-suit” clause allowing direct suit in Federal Court for failure to pay any amount claimed reconciled in favor of requiring arbitration of claims for reimbursement of wrongful imprisonment and wrongful conviction settlements… Christensen. [Read more…]