COMMON LAW MARRIAGE properly found not established in Montana… Cybulski affirmed. [Read more…]
Easement, temporary parking/unloading equipment
EASEMENT: Grantee did not exceed scope of easement by temporarily parking, loading, unloading construction equipment within the easement and using the road for equipment’s passage onto his properties for further development… Wilson affirmed. [Read more…]
$3,307,500 verdict, buy-sell access disclosure dispute
VERDICT: $3,307,500 verdict in buy-sell access disclosure dispute ($2,450,000 compensatory damages and $812,500 punitives against seller to buyers, $35,000 damages against seller’s agent, $10,000 damages against buyers’ agents). [Read more…]
Insurance, $1,022,257.85 verdict, negligent procurement
INSURANCE: $1,022,257.85 verdict for negligent procurement failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving sinking of condo affirmed… Allison affirmed. [Read more…]
$112,000 verdict, hotel slip & fall, CRPS
VERDICT: $112,000, hotel slip & fall, admitted liability, CRPS. [Read more…]
House construction, extravagant lake house defects
HOUSE CONSTRUCTION: Most claims against general contractor and subcontractors involved in extravagant lake house and boathouse projects dismissed on summary judgment… Eddy. [Read more…]
Failure to serve summons & complaint within 3 years
FAILURE TO SERVE summons & complaint within 3 years of complaint requires dismissal without prejudice of slip & fall claim which eventually identified fictitious entity that provided the mats… Deschamps. [Read more…]
House construction, contractor hit on head by pipe
HOUSE CONSTRUCTION: Claims that contractor suffered subdural hematoma from being struck on head by pipe and is owed for work performed rejected on summary judgment… Cuffe. [Read more…]
Easement, preliminary injunction denied, expanded use
EASEMENT: Preliminary injunction properly denied as to construction equipment’s minor expanded use of easement… Wilson affirmed (memorandum). [Read more…]
$1,022,257.85 verdict, negligent insurance procurement
VERDICT: $1,022,257.85, negligent insurance procurement, failure to list general contractor as additional insured on subcontractor engineer’s CGL policy resulting in no coverage for litigation involving settlement (sinking) of condo under construction. [Read more…]
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