Montana Law Week

The Weekly Digest of Montana Law

Insurance, “dwelling” in homeowners policy

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INSURANCE: “Dwelling” in homeowners policy improperly construed as only referring to a single structure… burned “community center” on acreage with house covered by $212,900 “dwelling” limit rather than $21,290 “other structures” limit… Christensen reversed (memorandum). [Read more…]

Insurance, anti-concurrent cause, certified question

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INSURANCE: Questions certified to Montana Supreme Court as to effect of anti-concurrent cause clause in policy vis-à-vis efficient proximate cause doctrine regarding claim of house settling damage due to water leak under slab which Watters determined was excluded by Earth Movement Exclusion… order. [Read more…]

Insurance, personal motorcycle, corporate auto policy

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INSURANCE: Sole shareholders of corporation were not “insureds” under business auto policy when shareholder crashed his personal motorcycle, no UM/MP coverages where only evidence for claim of being run off road by unidentified driver was affidavit of motorcyclist who later died from injuries and wife who was not present… agent had no duty to procure coverage for individuals or inform them of limitations of corporate policy… J. Brown affirmed (IOR I-3(c)). [Read more…]

Insurance, premises liability defense costs, primary/excess

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INSURANCE: Primary insurer responsible for defense costs of premises liability suit pursuant to “Other Insurance” provisions in primary and excess policies. . . duty to defend not implicated since excess insurer did not abandon its insured. . . primary insurer required to reimburse excess insurer its fees & costs for defending insured from date defense tendered. . . Manley. [Read more…]

Experts, neurologist with ALS expertise, MVA

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EXPERTS: Retained neurologist with specific expertise in ALS improperly precluded from opining as to relationship between MVA and decedent’s ALS despite admission that exact cause of ALS is unknown… treating neurologist’s “could have” opinion insufficiently definite for causation testimony… dismissal for lack of experts reversed… Langton reversed, affirmed. [Read more…]

Economic advantage, competing comp insurers

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ECONOMIC ADVANTAGE: Comp insurer’s claims against competitors properly rejected on summary judgment for failure to establish quantifiable damages including to reputation… Sherlock affirmed. [Read more…]