MARITAL: Appeal of Brown’s order that District Court lacks jurisdiction to consider “Seneca Nation-sourced assets” in divorce proceeding dismissed as premature… rehearing denied… Orders. [Read more…]
Insurance, retention of potential asbestos settlement funds
INSURANCE: Insurer had adequate legal basis for retaining potential Libby asbestos settlement funds while reasonably contesting coverage… bad faith suit properly dismissed… Johnston affirmed (memorandum). [Read more…]
Buy-sell, former ski area, Public Access
BUY-SELL: Buy-Sell and Amendment constituted enforceable contract for former ski area which sellers breached by adding Public Access provision… Marks affirmed. [Read more…]
Ditch easement, no implied easement by existing use
DITCH EASEMENT: Lot owners properly held to not have an implied easement by existing use on neighbor’s property… attorney fees & costs properly awarded… Brown affirmed. [Read more…]
Supervisory control, stay of divorce action
SUPERVISORY CONTROL over Judge Brown’s stay of divorce action pending resolution in Seneca tribal courts denied… Order. [Read more…]
Marital, appeal of contempt mooted by clearing
MARITAL: Appeal of contempt order mooted by clearing of contempt… remanded to Breuner. [Read more…]
Insurance, bad faith claims against excess insurers
INSURANCE: Bad faith claims against excess insurers in $1.49 million school sex abuse settlement and related tort claims alleging misconduct by school’s defense counsel dismissed on summary judgment… Rienne McElyea. [Read more…]
Insurance, Aircraft/Auto/Watercraft exclusion
INSURANCE: Aircraft, Auto or Watercraft exclusion both unambiguous and enforceable following certified question as to effect of failure to follow Policy Simplification Act in trailer/vehicle death case… Molloy reversed (memorandum). [Read more…]
Insurance, Policy Simplification Act certified answer
INSURANCE: Despite failure to follow Policy Simplification Act table of contents/notice provisions an insurer may rely on unambiguous exclusions when invalidating would increase the risk assumed… 9th Circuit certified question answered… Molloy reversed. [Read more…]
Insurance, Policy Simplification Act question certified
INSURANCE: Question certified to Montana Supreme Court whether, when a policy that does not include a table of contents or notice section of important provisions in violation of Policy Simplification Act, the insurer may rely on unambiguous exclusions or limitations to coverage given that §33-15-334(2) provides that 337(2) is “not intended to increase the risk assumed under policies subject to” its requirements… order. [Read more…]
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