INSURANCE: Bad faith claims against excess insurers in $1.49 million school sex abuse settlement and related tort claims alleging misconduct by school’s defense counsel dismissed on summary judgment… Rienne McElyea. [Read more…]
Insurance, Aircraft/Auto/Watercraft exclusion
INSURANCE: Aircraft, Auto or Watercraft exclusion both unambiguous and enforceable following certified question as to effect of failure to follow Policy Simplification Act in trailer/vehicle death case… Molloy reversed (memorandum). [Read more…]
Insurance, Policy Simplification Act certified answer
INSURANCE: Despite failure to follow Policy Simplification Act table of contents/notice provisions an insurer may rely on unambiguous exclusions when invalidating would increase the risk assumed… 9th Circuit certified question answered… Molloy reversed. [Read more…]
Insurance, Policy Simplification Act question certified
INSURANCE: Question certified to Montana Supreme Court whether, when a policy that does not include a table of contents or notice section of important provisions in violation of Policy Simplification Act, the insurer may rely on unambiguous exclusions or limitations to coverage given that §33-15-334(2) provides that 337(2) is “not intended to increase the risk assumed under policies subject to” its requirements… order. [Read more…]
Insurance, duty to provide policy to 3rd-party claimant
INSURANCE: Claim that insurer has duty to provide policy to 3rd-party claimant when insured’s liability is reasonably clear not rendered moot by insured providing the policy after suit filed… insurer failed to show inapplicability of voluntary cessation exception by showing its conduct will not recur… Rienne McElyea reversed. [Read more…]
Insurance, pre-demand disclosure of policy limits
INSURANCE: Pedestrian’s request for ruling on auto insurer’s refusal to provide pre-demand copy of policy or disclose policy limits denied as moot after insured driver provided policy… Rienne McElyea. [Read more…]
$192,500 settlement, “buyer’s remorse” boat purchase
SETTLEMENT: Boat dealer’s claims alleging “buyer’s remorse” breach of $67,438 boat purchase agreement and publication of defamatory statements about dealer on social media settled for $192,500… buyers’ counterclaims against dealer settled for $0. [Read more…]
Insurance, alleged bad faith settlement of death case
INSURANCE: Motion by Plaintiff alleging bad faith settlement of vehicle death case to exclude certain testimony & opinions of insurer’s hybrid and retained experts mostly denied… Molloy. [Read more…]
Insurance, MVA policy limits without release for insured
INSURANCE: An insurer does not breach duty to insured when it pays policy limits to 3rd-party without release for insured when liability for MVA and total damages are reasonably clear… certified question answered for Molloy. [Read more…]
Insurance bad faith, challenge of MVA insurer’s valuation
INSURANCE BAD FAITH: Motions to compel by both sides in case challenging insurer’s valuation of underlying MVA case that settled for $4.275 million without release of Defendant granted over claims of attorney client and work-product privileges in advice of counsel defense… fees on either motion denied as parties are of a mind that they are both right and they are both wrong… Molloy. [Read more…]