TRUST: Common fund applies to recovery for failure to invest in stocks over 30 years… pre-judgment interest to accrue on stipulated $14,611,000 loss at 10%… Neill. [Read more…]
Insurance, prior settlement release, discovery fraud
INSURANCE: Release clauses in prior MVA PI/ UTPA settlements not bar to claims against insurer based on withholding of parts of claims handling study (1st impression in Montana)… “special circumstances” support constructive fraud claim, pecuniary interest supports negligent misrepresentation claim… actual fraud sufficiently pled by assertion that [Read more…]