Montana Law Week

The Weekly Digest of Montana Law

Insurance, tripartite premium-financed life insurance

By

INSURANCE: Motions to dismiss claims involving complex tripartite premium-financed life insurance mostly rejected… Christensen. [Read more…]

Post-verdict, request to “correct” $657,000 MVA verdict

By

POST-VERDICT RULINGS: Plaintiff’s request to “correct” his verdict for damages incurred by boxes falling from truck to reflect via 9 juror affidavits that jury made “clerical error” in finding $657,000 “total” damages to be reduced by his 35% fault when it intended $657,000 to be the “net” award denied on basis that affidavits not admissible to impeach the verdict… Defendant’s motion to offset SSDI denied as Plaintiff would not be fully compensated in light of 35% fault reduction (1st impression)… pre-judgment interest awarded on $25,000 medicals award even though the stipulated amount was more… Davies. [Read more…]

Post-verdict, request to “correct” $657,000 MVA verdict

By

POST-VERDICT RULINGS: Plaintiff’s request to “correct” his verdict for damages incurred by boxes falling from truck to reflect via 9 juror affidavits that jury made “clerical error” in finding $657,000 “total” damages to be reduced by his 35% fault when it intended $657,000 to be the “net” award denied on basis that affidavits not admissible to impeach the verdict… Defendant’s motion to offset SSDI denied as Plaintiff would not be fully compensated in light of 35% fault reduction (1st impression)… pre-judgment interest awarded on $25,000 medicals award even though the stipulated amount was more… Davies. [Read more…]

Discovery, baler bearing wildfire, closed claim files

By

DISCOVERY: Supervisory control of Best denied in baler bearing wildfire case as to compelling discovery of Deere’s closed claim files from 1993 to present along with Plaintiffs’ version of a protective order allowing them to share documents with attorneys in similar cases… order. [Read more…]

Arbitration, “pushed out” of implement dealership

By

ARBITRATION: Individual asserting claims for being “pushed out” of implement dealership not bound by arbitration clause between dealership and company as to “disputes” between individual and company as opposed to “Disputes” between dealership and company. . . motion to compel arbitration denied. . . Deschamps. [Read more…]