INSURANCE: Water damage to RV wall constitutes covered “sudden damage” under policy language… Vannatta reversed. [Read more…]
Insurance, claims-made-and-reported policy
INSURANCE: Claim untimely reported or made under claims-made-and-reported policy… “notice-prejudice” rule not applicable to claims-made-and-reported policies… Cavan affirmed (memorandum). [Read more…]
Mine trespass, no valuable mineral deposits, no trespass
MINE TRESPASS: Because there were no valuable mineral deposits on Subject Claims, Wheelis improperly granted summary judgment for trespass claimants in 2013 (summary judgment was basis of damages-only ruling by Cuffe in 2018 trial which resulted in $3,325,000 verdict for owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine)… Wheelis/Cuffe reversed. [Read more…]
$3,325,000 verdict, trespass across mining claims
VERDICT: $3,325,000 for trespass to owners of unpatented mining claims crossed by tunnel constructed to access patented claims of proposed Montanore mine. [Read more…]
Cotenancy adverse possession
COTENANCY ADVERSE POSSESSION: Possessory cotenants established ownership of entire property (except minerals) by adverse possession after entry under color of title via a recorded deed that purported to convey entirety. . . Cybulski affirmed. [Read more…]
Water, Bateman Ditch as water management tool
WATER: Permanent injunction against using Bateman Ditch as a Teton River water management tool. . . Olson. [Read more…]
Water, Teton River rights dating back to 1874
WATER: Rights to Teton River water dating back to 1874 properly determined except that irrigation effort begun in 1880 and completed in 1887 constituted single priority date in 1880… Ritter affirmed, reversed. [Read more…]