INSURANCE BAD FAITH claims following $400,000 settlement of esophageal perforation during student intubation med-mal case properly rejected on summary judgment… Christensen affirmed (memorandum). [Read more…]
Insurance, putative subrogation class action
INSURANCE: Letter from subrogation vender properly held not to constitute enforcement of subrogation, but putative class action claim that insurer enforced subrogation in violation of Montana’s made-whole doctrine improperly dismissed as unripe, remanded for opportunity to amend to include additional factual allegations… DeSoto/Watters affirmed, reversed (memorandum). [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
Medical records charges, “reasonable fees” class action
MEDICAL RECORDS CHARGES: Putative class action alleging overcharges for copies of medical records properly dismissed… Molloy affirmed. [Read more…]
Medical records charges, class action
MEDICAL RECORDS CHARGES: Montana limits applicable to paper copies requested by patients, not their attorneys, and not to electronic records… putative class action alleging overcharges dismissed… Molloy. [Read more…]
Personal jurisdiction, Penn. insurer, Montana hotels
PERSONAL JURISDICTION properly found over Pennsylvania insurer that refused to defend/indemnify Ohio hotel management company and Montana hotels in hotel employees’ service charge class action which settled for $4,031,519… contested appealability of denial of motion to dismiss for lack of personal jurisdiction resolved by deeming it a petition for supervisory control… Vannatta affirmed. [Read more…]
Attorney-client privilege, timing of privilege logs
ATTORNEY-CLIENT PRIVILEGE: Supervisory control over Moses as to orders involving timing of privilege logs in hip replacement devices case denied. . . order. [Read more…]
Insurance, no Ridley exception when other insurer pays
INSURANCE: Request for declaration that insurer’s advance pay obligations only apply to medical bills not paid by another insurer or source denied. . . allowing exception to Ridley would diminish purpose of the rule by making it more complicated for innocent party to recover what is owed. . . McElyea. [Read more…]
Consent judgment, judge harassment of reporter
CONSENT JUDGMENT: State not obligated to defend/indemnify Judge accused of sexual harassment of court reporter or pay unconsented $744,371 settlement… reporter may pursue HRA claim… Sherlock affirmed. [Read more…]
Insurance, boulder fall on cabin, “earth movement”
INSURANCE: Boulder fall onto cabin properly excluded under “earth movement” exclusion… no basis for UTPA claim… Tucker affirmed. [Read more…]