INSURANCE: Work-product protection of claims file not “triggered” by retention of lawyer or letter requesting copies of medical report/payments and inquiring why insured had not received certain payments… surveillance documents also discoverable… Lynch. [Read more…]
Hospital/radiologist contract, injunction
HOSPITAL/RADIOLOGIST CONTRACT: Preliminary injunction against hospital properly granted in reappointment dispute… Newman affirmed.
Jesse Cole has been a radiologist at St. James since 1996. Bylaws require [Read more…]
Insurance, prior settlement release, discovery fraud
INSURANCE: Release clauses in prior MVA PI/ UTPA settlements not bar to claims against insurer based on withholding of parts of claims handling study (1st impression in Montana)… “special circumstances” support constructive fraud claim, pecuniary interest supports negligent misrepresentation claim… actual fraud sufficiently pled by assertion that [Read more…]