STREAMBED: No jurisdiction by Conservation District to enforce Streambed Act on private property in Glacier Park… DeSoto affirmed (memorandum). [Read more…]
Insurance, stacking, certification
INSURANCE: Stacking of 3rd-party liability limits for assignees of rights properly denied pursuant to policy terms… certification to Montana Supreme Court not abuse of discretion… Christensen affirmed (memorandum). [Read more…]
Insurance, log home beetle infestation
INSURANCE: Disputed facts as to whether log home builder knew of industry practice of treating logs with insecticide and chose not to treat them and whether beetle infestation could have been expected preclude summary judgment for insurer on coverage. . . also remanded as to whether any coverage was lost when homeowner and builder settled for $328,824 without insurer’s consent. . . Christensen reversed (unpublished). [Read more…]
Insurance, log home beetle infestation
INSURANCE: Employers Mutual changes coverage analysis but does not result in coverage of beetle infestation claims against log home builder, reconsideration denied… homeowner’s counterclaims against insurer, 3rd-party claims against agent, rejected… Christensen. [Read more…]
Insurance, beetle infested log home
INSURANCE: CGL insurer did not breach duty to defend or settle beetle infestation claims against log home builder… decision not to treat logs with insecticide was not covered “occurrence”… insurer not liable for $328,825 consent judgment… Christensen. [Read more…]
Insurance, church sex abuse, policy period
INSURANCE: No duty to defend/indemnity Diocese for alleged sex abuse which occurred prior to 1/1/77 under occurrence-based certificates or that occurred before 7/1/90 under claims-made certificates… unreasonable to require coverage for events that [Read more…]