Montana Law Week

The Weekly Digest of Montana Law

ERISA, “Chamber Choices” health insurance

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ERISA: Claims against “Chamber Choices” health insurance program for assessing surcharges that were kicked back to Chamber of Commerce and charges for insurance products without consent of small businesses rejected for failure to establish fiduciary duty, failure to segregate funds… state law claims impermissible “alternative enforcement mechanisms”… Christensen. [Read more…]

Ambulance negligence, turn in front of motorcycle

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AMBULANCE NEGLIGENCE: Ambulance driver not using audible signal negligent per se for turning in front of motorcycle and not stopping at scene, but fact issues remain as to whether he believed there was an emergency vehicle behind which obviated the need to remain or whether he gave notice of accident… insurer obligated to pay $10,786.68 and $33,034.90 Ridley amounts with interest, compelled to produce ambulance driver’s statement to adjuster prior to litigation… Manley. [Read more…]

$137,190 post trial/appeal fees/costs, cancer policy

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ATTORNEY FEES/COSTS: $101,867.50 fees, $35,322.88 costs incurred in cancer policy appeal and in post-trial period to appeal and certain costs incurred prior to or during trial that were inadvertently excluded in initial motion awarded, in addition to $242,050 fees and $35,046 costs previously awarded… Sherlock. [Read more…]

Medical malpractice, admitted liability medicals

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MEDICAL MALPRACTICE: Summary judgment in amount of $752,723.62 medical bills incurred for admitted liability bile duct severance, consistent with Rule 56 and Ridley, over contention that Plaintiffs can recover only $233,736.30 paid by Medicare and Medicaid… summary judgment for $76,723 undisputed home care, disputed amounts may be resolved at trial… pre-judgment interest on summary judgment amounts… Manley. [Read more…]

Insurance, notice-prejudice, 3rd-party

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INSURANCE: Insurer who does not receive timely notice pursuant to policy terms must demonstrate prejudice to avoid defense/indemnification… notice-prejudice rule in 3rd-party case… certified question by 9th Circuit. [Read more…]

Insurance, notice-prejudice, cancer death

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INSURANCE: Notice-prejudice rule properly applied, formally adopted… jury improperly instructed that it must first find UTPA damages beyond $539,717.90 directed verdict for failure to pay benefits under cancer policy before considering malice/punitives, remanded for new trial on malice/punitives… jury properly allowed to determine whether insurer had “reasonable basis in law” for contesting claim… statute of limitations improperly applied from date claim was submitted rather than date declaratory action was filed… Sherlock affirmed, reversed. [Read more…]