Stipulation to settle “known or unknown” claims rejected as unenforceable and contrary to statute and public policy… Bruner. [Read more…]
Default judgment set aside, insurance class action
DEFAULT JUDGMENT: Set-aside improperly denied in insurance class action case… Morris reversed (memorandum). [Read more…]
Work comp, statute tolled while no guardian
WORK COMP: Statute properly tolled during time Claimant was without a guardian… substantial evidence supports finding that Claimant was working with argon when valve burst leading to incapacitating injuries from lack of oxygen… attorney fees and penalty properly imposed for inadequate investigation by adjuster… Sandler affirmed. [Read more…]
Burst gas cylinder, cardiopulmonary/brain, penalty
Claimant suffered compensable injuries from burst gas cylinder valve which resulted in cardiopulmonary arrest and brain damage… insurer’s denial unreasonable because it did not conduct adequate investigation or keep claim file in accordance with §107(3)… Sandler. [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…]
Product liability, fire/injuries, leaking BBQ propane
PRODUCT LIABILITY: Summary judgment rulings as to fire/injuries from leaking barbecue grill propane tank… summary judgment denied for valve manufacturer… summary judgment granted as to punitives for store, denied as to propane supplier… all affirmative defenses including misuse and assumption of risk precluded… Plaintiffs’ motion for summary judgment denied as to liability… recommendations by Cavan adopted by Watters. [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…]
Prescriptive easement, notice, school road encroachment
PRESCRIPTIVE EASEMENT: Encroachment of school access road was obvious even if survey provided first actual notice, satisfying open/notorious element… Wald affirmed. [Read more…]