VERDICT: Defense, med-mal death, life-flighting 8-year old injured in ATV accident to Kalispell rather than Great Falls. [Read more…]
Insurance, stars slip & fall, disputed Ridley issues
INSURANCE: Disputed fact issues as to liability and causal relationship between Plaintiff’s snowy stairs fall and medical expenses preclude insurer’s obligation at this time to advance-pay medicals… Coffman. [Read more…]
Bench judgment, interference with easement/trespass
BENCH JUDGMENT: Claims against neighbors for nuisance, interference with easements/trespass, and injunctive relief following summary resolution of easement claims rejected… Owen. [Read more…]
Easement, lake property access dispute
EASEMENT: Defendants in lake property access dispute have express easement over Plaintiffs’ property, implied easement by prior use, and prescriptive easement but not implied easement by necessity… Plaintiffs’ request to add claim of prescriptive easement over Defendants’ property denied… Defendants’ counterclaims for nuisance, interference with easements, and punitives remain for trial… Owen. [Read more…]
Insurance, “dwelling” in homeowners policy
INSURANCE: “Dwelling” in homeowners policy improperly construed as only referring to a single structure… burned “community center” on acreage with house covered by $212,900 “dwelling” limit rather than $21,290 “other structures” limit… Christensen reversed (memorandum). [Read more…]
Defense verdict, $100,000 settlement, plant nuisance
VERDICT: Defense, industrial plant nuisance claims… $250,000/$100,000 high-low settlement. [Read more…]
Insurance, neighbor harassment/nuisance
INSURANCE: Fact issues to be developed at trial preclude summary judgment as to coverage of neighbor harassment/nuisance claims. . . insurer following prudent course by defending under reservation while pursuing dec action. . . Christensen. [Read more…]
Irrigation pipeline, maintenance easement
IRRIGATION PIPELINE: Scope of secondary maintenance easement properly defined… fees properly denied to partially prevailing Plaintiffs whose conduct was also improper… Allison affirmed (IOR I-3(c)). [Read more…]
Insurance, businessowner’s liability, proprietary
INSURANCE: No Businessowners’ Liability coverage for dispute between marketing/advertising entities… no obligation to provide independent counsel to individual Defendant… Christensen. [Read more…]
$2,103,301.73 verdict, motorcycle counterclaimant
VERDICT: $2,103,301.73 to motorcycle Counterclaimant against car Plaintiff, multiple fractures… $250,000/ $900,000 high-low agreement. [Read more…]