INSURANCE BAD FAITH: Amendment to add NIED and IIED to third-party bad faith claims not precluded by MCA 33-18-242(4) (2023) or futility… Johnston. [Read more…]
Insurance bad faith, 3rd-party common law claims
INSURANCE BAD FAITH: 3rd-party common law claims stemming from delayed payment of settlement of DUI bicycle death not barred under MCA 33-18-242(4) (2023)… Court adopts majority federal rule allowing pleading of punitives in initial complaint even though contrary to MCA… Morris. [Read more…]
Insurance, consent judgment for stacked amount
INSURANCE: Siblings of MVA decedent not “insured person” regardless of consent judgment, not entitled to stacked coverages under other driver’s policy… Haddon. [Read more…]
Insurance, duty to defend home builder
INSURANCE: Builders’ commercial liability insurer has duty to defend against homeowners’ claims of misrepresentations as to cost and failure to complete job, resulting in “property damage” in form of loss of use of house… factual disputes underlying duty to indemnify to be resolved in State Court… Molloy. [Read more…]