INSURANCE: When UIM insured is compelled to pursue litigation and a jury awards more than settlement offer, insurer must pay attorney fees… Plaintiff was compelled to sue, jury returned $450,000 verdict, insurer offered $77,500… Menahan reversed. [Read more…]
House construction contract, bench trial
HOUSE CONSTRUCTION: Contractor properly awarded damages in bench trial… dismissal of homeowners’ counterclaims not addressed for failure to present argument or authority in appeal brief… contractor improperly denied foreclosure of lien and attorney fees on the basis that homeowners were dissatisfied with subcontractor’s masonry/stone work… Haynes affirmed, reversed. [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, family member exclusion, bicyclist death
INSURANCE: Family member exclusion of driver’s auto policy not violative of MVIRVA where driver who killed bicyclist was driving mother’s vehicle and her policy paid limit… insurer not obligated to defend/indemnify driver under his policy in wrongful death suit… Seeley. [Read more…]
Defense verdict, rear-end, admitted liability
VERDICT: Defense, rear-end auto, admitted liability, neck/back/knee. [Read more…]
Insurance, Utah premises, Montana suicide
INSURANCE: Ambiguous premises endorsements correctly construed as covering Montana suicide flowing out of use of behavior program’s Utah premises, insurer breached duty to defend, liable for $3 million consent judgment… Christensen affirmed (unpublished). [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…]
Insurance, attorney fees, $200,000 UIM verdict
INSURANCE: Insufficient record to determine if Plaintiff’s request for fees under insurance exception was properly denied following $200,000 UIM verdict… both parties’ actions during entire process must be considered, not merely that insurer did not deny UIM coverage and Plaintiff sued before evidence sufficiently developed… disputed review standard clarified… Menahan reversed. [Read more…]
Insurance, injured logger, land owner
INSURANCE: Landowner not covered by logging company’s policy for employee’s injury… Allison affirmed. [Read more…]
$3,250 verdict, intersection MVA, mental distress
VERDICT: $3,250 net (65/35), intersection MVA, mental distress… previously paid $25,000 liability limits. [Read more…]