SANCTIONS: Fees incurred by insurer against Montana attorneys for “reckless,” “frivolous” prosecution of bad faith case stemming from suit against CPA firm for bad TIC investment affirmed… sanctions against Portland co-counsel reversed… because $515,119.90 was imposed against all 3, remanded for reassessment of appropriate amount against Montana lawyers… Lovell affirmed, reversed (unpublished). [Read more…]
$515,119.90 sanctions, insurance bad faith claims
SANCTIONS: $515,119.90 attorney fees incurred by insurer awarded against Plaintiff’s attorneys for reckless, frivolous conduct in prosecuting bad faith case stemming from suit against CPA firm for bad TIC investment of ranch sale proceeds… priority of original Plaintiff in $4,650,000 settlement squandered by acceptance of 5 additional clients with higher fee agreements… questionable settlement without participation by insurer… insurer set up for bad faith suit to cover up and justify wrongful distribution of monies in trust… Lovell. [Read more…]
Insurance, bad faith “fishing expedition”
INSURANCE: Bad faith “fishing expedition that yielded no catch”… insurer delivered $4 million policy limits to Plaintiff’s attorney and 6 others to settle prior case against CPA firm… Plaintiff not informed that others would share in settlement, now sues insurer for bad faith failure to timely settle, leverage her into global settlement… Plaintiff’s counsel disqualified so she could testify as necessary witness to facts in prior case, co-counsel took over case, moved to disqualify insurer’s counsel… discovery violations and other bad faith by Plaintiff’s counsel… Judge recusal based on alleged bias against Plaintiff’s counsel and reliance on “extrajudicial source” (private practice experience) and outdated understanding of the law denied… summary judgment for insurer on bad faith claims… insurer awarded $107,868 fees/costs payable by Plaintiff’s counsel for retaliatory motion to disqualify Defendants’ counsel and expenses incurred by Defendants in compelling additional discovery… 104-page order… Lovell. [Read more…]
Insurance, fees in dec action against insurer
INSURANCE: Montana law recognizes insured’s right to recoup attorney fees in successful declaratory action against its [Read more…]