Montana Law Week

The Weekly Digest of Montana Law

Legal malpractice, failure to make claim against policy

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LEGAL MALPRACTICE: Claim against attorneys for failure to make claim against $500,000 homeowner policy discovered by successor attorney 9 years later properly rejected on summary judgment that boating accident was excluded by watercraft exclusion… original attorneys secured uncollectible $1,300,853 default judgment against boat owner, subsequent attorney negotiated $100,000 “cost of litigation” settlement with insurer… Wilson affirmed. [Read more…]

Aircraft sale agreement, backing out without inspection

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AIRCRAFT SALE AGREEMENT: Judgment on pleadings for Seller properly granted based on Buyers backing out without conducting inspection… Seller’s motion to deem RFAs admitted properly denied because Buyers’ offer to extend discovery was conditioned on early settlement conference which never occurred, Seller properly sanctioned for misrepresenting otherwise… pre-judgment interest properly denied because amount of judgment was uncertain until sanction fees awarded despite stipulated damages (loss from subsequent sale)… Ulbricht affirmed. [Read more…]

Trust, creator’s capacity, attorney sanctions

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TRUST: Summary judgment properly granted to successor trustee company on trust creator’s incapacity warranting assumption of trusteeship. . . §37-61-421 sanctions improperly awarded against creator’s attorneys where no costs were incurred by Special Master and response to motion was voluntary. . . Larson affirmed, reversed. [Read more…]

Will, standing to contest will, remove PR

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WILL: Daughter of testator’s predeceased sibling who would take in intestacy has standing to contest will which did not name the sibling, but not to petition for removal of PR for cause because she has no property interest in the $5 million ranch estate (“person interested in the estate” synonymous with “interested person”)… Ulbricht reversed, affirmed (other grounds). [Read more…]