Montana Law Week

The Weekly Digest of Montana Law

Insurance/interpleader, wildfire “race to judgment”

By

INSURANCE/INTERPLEADER: “Race to judgment” by 2 wildfire claimants to obtain limited policy proceeds available for payment to 30+ claimants headed off by interpleader… $1 million CGL policy not subject to attachment/execution because interpleader commenced before Plaintiffs attempted to serve writs, priority of claims must be determined by interpleader court… Reynolds. [Read more…]

Insurance, multiple wildfire claimants, pro rata

By

INSURANCE: Court declines to recognize first in time for multiple wildfire claimants, adopts public policy approach that protects interests of all claimants in insurance proceeds pro rata, to be determined by a court in equity… $500,000 commercial auto limits to be deposited in interpleader for benefit of all claimants… Menahan. [Read more…]

Negligence, MOSHA, independent contractor

By

NEGLIGENCE: MOSHA not applicable to independent framing contractor injured while helping lift a wall which fell on him… testimony relating to “rules” at construction site properly excluded… dismissed party denied appeal fees/costs for claimed improper joinder to appeal… defense verdict affirmed… J. Brown affirmed. [Read more…]