PROBATE: District Court had jurisdiction to restrain PR under §72-3-617 and did not abuse discretion in requiring her to obtain court approval for estate distributions in overlapping civil and probate proceedings… Whelan affirmed. [Read more…]
Property taxes, mass appraisal methodology
PROPERTY TAXES: Judge erroneously substituted his opinion for DOR’s in ruling that its mass appraisal methodology was unlawful… Wilson reversed. [Read more…]
Insurance, “dwelling” in homeowners policy
INSURANCE: “Dwelling” in homeowners policy improperly construed as only referring to a single structure… burned “community center” on acreage with house covered by $212,900 “dwelling” limit rather than $21,290 “other structures” limit… Christensen reversed (memorandum). [Read more…]
Probate, MPSA jurisdiction, revocation upon divorce
PROBATE: District Court sitting in probate had jurisdiction to interpret MPSA involving large ranch following husband’s death following divorce when deeds had not yet been signed, MPSA properly interpreted including correcting attorney’s scrivener’s error… PR daughter properly replaced by special administrator on petition by wife… Laird affirmed. [Read more…]
Discovery, baler bearing wildfire, closed claim files
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…]
CERCLA, $28,850,936 judgment, E. Helena lead smelter
CERCLA: $28,850,936 judgment as share of East Helena lead smelter Superfund Site response costs affirmed in part, reversed in part… Christensen affirmed, reversed. [Read more…]
Sovereign immunity, Reservation casino trip & fall
SOVEREIGN IMMUNITY: Reservation casino is arm of CSKT, enjoys immunity from trip & fall suit by Missoula residents… Bradley Pluff. [Read more…]
Defense verdict, $100,000 settlement, plant nuisance
VERDICT: Defense, industrial plant nuisance claims… $250,000/$100,000 high-low settlement. [Read more…]
Insurance, luxury home construction claims
INSURANCE: Insurer has duty to defend contractor against all claims in complaint by luxury home owners, but does not have duty to indemnify for $2.6 million+ liquidated damages, breach of warranty, MCPA, unjust enrichment, emotional distress claims, and fact issues preclude summary judgment on duty to indemnify for other claims… Molloy. [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…]