INSURANCE: Supervisory control of McElyea’s ruling that County’s insurer in snowplow/auto MVA cannot rely on §2-9-108(1) $750,000 liability cap because policy contains limits in excess of cap denied… order. [Read more…]
Elections, challenge to Graybill’s AG qualifications
ELECTIONS: Challenge to Raphael Graybill’s AG candidacy law practice qualifications rejected as not meeting declaratory judgment “urgency or emergency” factors, also intervention not necessary to prevent error… order. [Read more…]
Right to know, deferred prosecution dismissal, mootness
RIGHT TO KNOW: Newspaper’s request for documents and video related to Deputy’s arrest of individual and disciplinary records not mooted by deferred prosecution dismissal of charges against Deputy… Deschamps reversed (IOR I-3(c)). [Read more…]
Insurance, stacking, certification
INSURANCE: Stacking of 3rd-party liability limits for assignees of rights properly denied pursuant to policy terms… certification to Montana Supreme Court not abuse of discretion… Christensen affirmed (memorandum). [Read more…]
Attorney fees, $10,052.70, police sex disclosures
ATTORNEY FEES: $10,052.70 properly awarded to newspaper and TV station for role in disclosure of officers disciplined for sex with City clerk… fees-for-fees and appeal fees denied… Harris affirmed. [Read more…]
Arbitration, contract defenses, breach of duty to defend
ARBITRATION: Contract defenses not applicable to an arbitration agreement… arbitration improperly denied insurer based on breach of duty to defend… Christensen reversed (memorandum). [Read more…]
Insurance, auto liability stacking
INSURANCE: Summary judgment properly granted that 4 separate vehicle liability coverages are not stackable… Jones affirmed. [Read more…]
Legal malpractice insurance, rescission, innocent partner
LEGAL MALPRACTICE INSURANCE improperly rescinded, voided ab initio, as to innocent partner of partner who stole from clients. . . ruling upholding rescission understandable as based on erroneous precedent that insurers had statutory right to rescission without equitable considerations. . . stare decisis does not require perpetuation of incorrect precedent. . . 3rd-party claims properly barred because they were lodged after policy canceled or under criminal exclusion. . . Haynes reversed, affirmed. [Read more…]
Insurance, bad faith after TIC settlement
INSURANCE: JML for insurer on bad faith claims following settlement of tenants-in-common investments suit by ranch affirmed… Haddon affirmed (unpublished). [Read more…]
Constitutional initiative, CI-116, separate votes
CONSTITUTIONAL INITIATIVE: CI-116 (Marsy’s Law) violative of Constitution’s separate vote requirement, void in entirety… original proceeding. [Read more…]