Montana Law Week

The Weekly Digest of Montana Law

Discovery, vehicle rental company 30(b)(6) designees

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DISCOVERY: Vehicle rental company compelled to produce thoroughly educated & prepared 30(b)(6) designees to address topics listed in wrongful death Plaintiffs’ notices (all topics, not just topics specifically identified in Order, to avoid further pettifogging and taking a mile when given an inch), failure to provide knowledgeable designees shall be contempt of court… given Plaintiffs’ failure to specifically request what they now seek and that the materials were ultimately disclosed, sanctions under 37(c) are not appropriate, any other result would value the discovery motion more than the discovery… Molloy. [Read more…]

$137,190 post trial/appeal fees/costs, cancer policy

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ATTORNEY FEES/COSTS: $101,867.50 fees, $35,322.88 costs incurred in cancer policy appeal and in post-trial period to appeal and certain costs incurred prior to or during trial that were inadvertently excluded in initial motion awarded, in addition to $242,050 fees and $35,046 costs previously awarded… Sherlock. [Read more…]

Insurance, home defects, $192,500 confession

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INSURANCE: Insurer breached duty to defend contractor against home defect claims, liable for $192,500 settlement… Court declines to extend insurance exception or DJA to assignee of indemnity right under insurance contract for attorney fees… assignee has standing to bring coverage action, sue under UTPA, despite insurer not consenting to insured assigning rights… insurer’s coverage argument a non-issue following breach of duty to defend… risk retention group irrefutably subject to liability for any proven violations of UTPA, Court disheartened by representations otherwise… amendment by Plaintiff to fix typo granted over insurer’s request for summary judgment for citation to wrong statute… Christensen. [Read more…]

Insurance, notice-prejudice, 3rd-party

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INSURANCE: Insurer who does not receive timely notice pursuant to policy terms must demonstrate prejudice to avoid defense/indemnification… notice-prejudice rule in 3rd-party case… certified question by 9th Circuit. [Read more…]

Insurance, notice-prejudice, cancer death

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INSURANCE: Notice-prejudice rule properly applied, formally adopted… jury improperly instructed that it must first find UTPA damages beyond $539,717.90 directed verdict for failure to pay benefits under cancer policy before considering malice/punitives, remanded for new trial on malice/punitives… jury properly allowed to determine whether insurer had “reasonable basis in law” for contesting claim… statute of limitations improperly applied from date claim was submitted rather than date declaratory action was filed… Sherlock affirmed, reversed. [Read more…]