SUBDIVISION: Covenant prohibiting “further subdivision of any Lot” ambiguous when not read in isolation, requires extrinsic evidence… statutory damages against County for approval of amended plat improperly denied on summary judgment… covenants properly found to obligate developer to serve each lot with dual water lines for domestic and irrigation, performance not excused by doctrine of impossibility… fees to HOA premature… Reynolds reversed, affirmed. [Read more…]
Jury, State employee jurors in suits against State
JURY: No automatic for-cause exclusion of State employees in suits against State (1st impression). . . no abuse of discretion in rejecting for-cause challenge of MHP employee in suit involving rear-end collision with MDOT snow loader. . . 51/49 defense verdict affirmed. . . Reynolds affirmed. [Read more…]
Supervisory control, attorney-client privilege
SUPERVISORY CONTROL of Manley denied as to whether an attorney may violate the attorney-client privilege to defend herself against abuse of process and malicious prosecution claims if the client has declined to waive the privilege… order. [Read more…]
$1 million settlement, rollover, tire placement
SETTLEMENT: $1 million policy limit, rollover allegedly due to hydroplaning from placement of new tires on front rather than rear, 4 Missouri Plaintiffs. [Read more…]
Insurance, assisted-living, eligibility, certification
INSURANCE: Eligibility provision of assisted-living policy required only that provider certify that person needed services because she was “Chronically Ill,” insurer’s “needs and receives” interpretation of ambiguous provision rejected… eligibility satisfied when doctor said person was cognitively impaired and needed supervision, policy breached when insurer represented otherwise, whether breach caused damages for jury to resolve… insurer’s refusal to even consider doctor’s letter certifying that person was cognitively impaired and needed assisted living violated §33-18-201(4) requirement to consider “all available information,” whether violation caused damages for jury to resolve… contra proferentum precludes summary judgment for insurer’s reasonable basis defense… promise by insurer years ago to sell policy that would cover all needs if person had to move into assisted living facility not necessarily fraud… Kutzman. [Read more…]
$2.1 million settlement, PERS withholding
SETTLEMENT: $2.1 million, withholding of PERS contributions for 16 mental health center employees despite 1999 law precluding eligibility. [Read more…]
Malicious prosecution/abuse of process
MALICIOUS PROSECUTION/ABUSE OF PROCESS: Supervisory control denied as to Fagg’s denial of summary judgment for attorneys in action stemming from assault & battery complaint… order. [Read more…]
Insurance, fuel truck MVA, helicopter policy
INSURANCE: Helicopter policy covered fuel truck crash under “arising out of the ownership, maintenance or use of the [Read more…]
Venue, malicious prosecution, dismissed federal suit
VENUE of malicious prosecution suit properly in Missoula where underlying dismissed federal suit was filed, not Flathead where parties reside… Larson affirmed. [Read more…]