APPELLATE MEDIATION: Dismissal for failure of Appellants to appear at mediation rather than by counsel denied, MRAP 7(5)(h) [Read more…]
Discovery sanctions, insurance bad faith, punitives
DISCOVERY SANCTIONS: Bad-faith Defendant precluded from §27-1-220(3) punitives limitation as sanction for untimely production of financial statements… settled after 1st day of [Read more…]
Insurance, UTPA, statute of limitations
INSURANCE: UTPA claim accrued when insurer denied request for policy limits and advance medicals, not on later actions asserted by Plaintiff, statute did not begin anew each time [Read more…]
Amendment to assert Flynn fee/penalties claim
Flynn Petitioners allowed to amend to assert claims for fees/penalties against Common Fund Insurers… Shea. [Read more…]
§39-71-710 rehab age limit constitutionality
§39-71-710 rehab age limit unconstitutional… Shea.
Harold Caldwell began receiving SSR in 1990 at 62. He was 77 and earning $25,000/yr as Ravalli Co. airport manager when he fell on [Read more…]
“Paid in full” claim, retroactivity
Claim that has been “paid in full” is claim in which all benefits to which a claimant is entitled are paid prior to judicial decision… if any benefits are paid after the decision the claim [Read more…]
Work comp bad faith, stipulated comp liability
WORK COMP BAD FAITH claims may proceed following stipulated judgment as to liability while claim for future medicals is ongoing, possibly for life… Plaintiff entitled to [Read more…]
Common fund fees/ERISA, comp reimbursement
COMMON FUND FEES/ERISA: Comp lawyer entitled to $34,654 fees from employer’s non-comp medical insurer as 25% of $138,586 reimbursement resulting from pre-03 comp case… [Read more…]
UM/UIM/med-pay class action settlement
SETTLEMENT: UM/UIM/med-pay class action against Nationwide Companies, 100% of stacked benefits, 10% interest, attorney fees. [Read more…]
$25,000 verdict, UTPA, malice, punitives reserved
VERDICT: $25,000, malice, UTPA, medicals claims handling… punitives amount to be determined in later trial following discovery into statutory bases for punitives. [Read more…]