INSURANCE BAD FAITH: Discovery compelled in part, denied in part. . . document “dump” prohibited, must be searchable and indexed, no “confusing and evasive” responses to broader requests. . . Plaintiff awarded 1/2 fees/costs incurred on motion. . . Molloy. [Read more…]
Insurance bad faith, attorney-client v. advice of counsel
INSURANCE BAD FAITH: Insurers given deadline to affirm whether they intend to irrevocably assert attorney-client privilege v. advice-of-counsel defense. . . Johnston. [Read more…]
Insurance, Hutterite Colony UIM policy
INSURANCE: Hutterite Colony members not “insureds” under Colony UIM policy for injuries while passengers in another Colony’s vehicle… Spaulding affirmed. [Read more…]
Statute of repose, defective school roof, “completed”
STATUTE OF REPOSE bars claims relating to defective school roof based on determination of when it was “completed”… fees awarded architect against District based on contract… Boucher affirmed. [Read more…]
Insurance, PL, prospective firefighter stroke
INSURANCE: Professional Liability Policy construed to cover massive stroke by prospective firefighter following physical ability test… Kutzman. [Read more…]
Insurance, duty to defend, stipulated judgment
INSURANCE: Court correctly found, without coverage analysis, that insurer breached duty to defend after recognizing policy potentially implicated, estopped from denying coverage… $29 million stipulated judgment improperly granted without [Read more…]
Rollover death, Explorer Safety Canopy System
ROLLOVER DEATH: Default for late disclosure of Explorer rollovers properly denied… other incidents properly excluded for lack of similarity… Safety Canopy standardization properly excluded, no improper “consumer choice” defense… no [Read more…]
Settlement enforcement, emailed MOU
SETTLEMENT ENFORCEMENT: Emailed MOU is written, electronically signed, settlement reached at mediation of Colstrip pollution claims, attempt by one ranch to repudiate following tax advice properly rejected… MOU not improperly “re-written” to change purchase option to first refusal… [Read more…]
Insurance, defend/indemnify, landslide lots
INSURANCE: Insurer has duty under CGL and umbrella policies to defend/indemnify sellers of landslide lots in suit resulting in $2,789,914/$2,883,080 awards including $545,443/$565,707 verdicts [Read more…]
Dismissal, failure to respond/appear
DISMISSAL: No excusable neglect by brother relying on sister to handle mortuary negligence litigation in not responding or [Read more…]