PARENTAL CONSENT FOR ABORTION ACT properly found unconstitutional… Abbott affirmed. [Read more…]
Insurance, UTPA claim-splitting, res judicata
INSURANCE: Montana mining company’s claim-splitting UTPA claims against adjuster barred by res judicata of Delaware court’s resolution of claims against insurers… Restatement of Judgments exceptions inapposite… discovery on the issue of agency denied in light of Plaintiff’s admission of facts sufficient to establish privity between insurer and adjuster… Wald. [Read more…]
Insurance, failure to pay landscaping subcontractor
INSURANCE: Insurer had no duty to defend/indemnify contractor for claims by homeowners alleging negligence in failing to pay landscaping subcontractor… claims cannot be construed as construction defect property damage… Menahan affirmed. [Read more…]
Insurance, long-term leak exclusion, basement leak
INSURANCE: Damage from pipe leakage in basement of part-time home excluded under long-term leak exclusion… Molloy. [Read more…]
Insurance, townhouse developer, contractor’s policy
INSURANCE: Townhouse developer was not additional insured under contractor’s CGL policy… failure to pay landscaper relates to breach of contract, not “bodily injury,” “property damage,” or “personal & advertising injury” which might be imputed to developer… no duty to defend/indemnity developer for claims arising out of his failure to pay subcontractors… Menahan. [Read more…]
$466,000 verdict, rotten logs in log home
VERDICT: $466,000 (40% against previous owners, 60% against inspector), rotten logs in log home. [Read more…]
Arbitration, insurance, “any dispute,” “service of suit”
ARBITRATION: Insurance policy requiring arbitration of “any dispute” arising out of policy and “service-of-suit” clause allowing direct suit in Federal Court for failure to pay any amount claimed reconciled in favor of requiring arbitration of claims for reimbursement of wrongful imprisonment and wrongful conviction settlements… Christensen. [Read more…]
Insurance, Iowa UM/UIM reinsurer, shooting death
INSURANCE: Contract and declaratory claims against Iowa UM/UIM reinsurer relating to shooting death in Montana of South Dakota resident driving vehicle with business policy and shooter driving uninsured or underinsured vehicle dismissed for lack of personal jurisdiction… Cavan. [Read more…]
Negligence, 4-vehicle accident, speeding/marijuana
NEGLIGENCE: Entire 4-vehicle accident caused by speeding/marijuana-impaired Plaintiff, claims against fertilizer truck driver rejected on summary judgment… Cybulski. [Read more…]
Insurance, out-of-state medical reviewers
INSURANCE: Personal jurisdiction found over out-of-state medical reviewers who recommended denial of health coverage for Montanan… 12(b)(6) dismissal of aiding & abetting, UTPA, contractual interference, punitives claims against doctors and medical review entity denied… Larson. [Read more…]