SETTLEMENT: $8 million, national class action short-term medical insurance case with 28,767 policyholders alleging use of Data iSight software to discount medical charges to below what was promised in the policies… settlement approved by Watters following final approval hearing including Class Counsel’s requested $2 million fees and $30,729.76 litigation expenses… Class Representative’s individual non-class claims settled for $900,000 new money in addition to $75,000 paid during litigation. [Read more…]
$8 million settlement, short-term medical, class action
SETTLEMENT: $8 million, national class action short-term medical insurance case with 28,767 policyholders alleging use of Data iSight software to discount medical charges to amount below what was promised in the policies… settlement preliminarily approved by Watters with final approval hearing set… Class Representative’s individual non-class claims settled for $900,000 new money in addition to $75,000 paid during litigation. [Read more…]
Insurance, interpleader order preclusive to bad faith
INSURANCE: Claim that statement in 2012 interpleader order that insureds’ liability was not reasonably clear in Hyundai death case properly given preclusive effect as to 2015 bad faith claim… Manley affirmed. [Read more…]
Insurance bad faith, supervisory control of dismissal
INSURANCE BAD FAITH: Supervisory control denied as to Deschamps’s summary dismissal of bad-faith claims… order. [Read more…]
Jurisdiction, Oklahoma corporation, ND oil well death
JURISDICTION: Whether Oklahoma corporation is subject to Montana specific jurisdiction in suit stemming from ND oil well death of Montanan depends on whether Plaintiff can prove at trial liability for torts of independent contractors… Rieger reversed. [Read more…]
Class action, short-term medical insurance
CLASS ACTION certified in short-term medical insurance case alleging use of Data iSight software to discount medical charges to an amount below what was promised in the policies… Cavan/Watters.
Magistrate Cavan. [Read more…]
Insurance, additional insured, well death
INSURANCE: Endorsements to well contractor’s CGL policy did not extend additional insured status to owner seeking coverage for death of flow tester, no duty to defend/indemnify… Laird reversed. [Read more…]
Insurance, cosmetics students’ emotional distress
INSURANCE: Summary dismissal reversed in light of Fisher Builders as to coverage under CGL policy for cosmetics students’ emotional distress from boorish behavior by instructors and expulsion after filing complaints… $4 million consent judgment… wrongful eviction claim properly rejected… Christensen affirmed, reversed (unpublished). [Read more…]
Attorney fees, failure to admit RFAs, UIM verdict
ATTORNEY FEES properly denied as sanction for failing to admit RFAs which were later proven at trial or as prevailing party where jury’s MVA award did not exceed UIM limit… Eddy affirmed (IOR I-3(c)). [Read more…]
Insurance, cosmetics students’ bodily injuries
INSURANCE: No coverage under CGL policy for cosmetics students’ bodily injuries (physical manifestations of emotional distress) from boorish behavior by instructors and expulsion after filing complaints because they stem from purposeful acts… insurer previously held not bound by $4 million consent judgment entered after it accepted defense under reservation… Christensen. [Read more…]