SEATBELT EVIDENCE: Intent of §61-13-106 to bar seatbelt evidence so it would not create a defense in MVAs, not to bar it in [Read more…]
Judicial estoppel, abandoned window claim
JUDICIAL ESTOPPEL: Abandoned claim that Explorer windows allowed fatal ejection in rollover may not be resurrected for [Read more…]
Insurance, auto umbrella/primary policies
INSURANCE: Umbrella policy, as pure excess policy, is secondary, not activated until all primary policies exhausted [Read more…]
Insurance, APL, POP procedure, class settlement
INSURANCE: Insurer correctly invoked policy’s APL provisions… 1995 NY class settlement binding on Montana insured, precludes claims that POP procedure excused [Read more…]
Oil/gas well negligence, fracture stimulation
OIL/GAS WELL NEGLIGENCE: Fracture stimulation company whose employee was injured while attempting to bleed pressure following unsuccessful frac attempts failed to [Read more…]
Nursery contract, sub-standard trees
NURSERY CONTRACT: Summary judgment precluded by fact issues on claims by both parties as to allegedly sub-standard trees, whether buyer accepted boiler-plate “Terms & Conditions of Sale” on back of order acknowledgment forms, and fraud/punitives claims… declaratory ruling [Read more…]
Attorney fees, vexatious litigation
ATTORNEY FEES: Montana vexatious litigation statute applies only to multiplication of proceedings, not pre-litigation conduct upon which suit based… Lynch. [Read more…]
- « Previous Page
- 1
- …
- 8
- 9
- 10