INSURANCE: Claim that insurer has duty to provide policy to 3rd-party claimant when insured’s liability is reasonably clear not rendered moot by insured providing the policy after suit filed… insurer failed to show inapplicability of voluntary cessation exception by showing its conduct will not recur… Rienne McElyea reversed. [Read more…]
Arbitration, discharged Montana pilot, Arizona employer
ARBITRATION: Arbitration agreement in employment contract of discharged Montana pilot employed by Arizona company to transport deported illegals valid and enforceable, with arbitration in Arizona under Arizona or federal law… Berger. [Read more…]
Mootness, condo homeowner association split
MOOTNESS: Condo homeowners’ suit challenging split of the Association properly dismissed as moot after developer revoked split amendment, voluntary cessation exception to mootness properly not applied… neither party prevailing for attorney fees… Rienne McElyea affirmed. [Read more…]
Insurance, pre-demand disclosure of policy limits
INSURANCE: Pedestrian’s request for ruling on auto insurer’s refusal to provide pre-demand copy of policy or disclose policy limits denied as moot after insured driver provided policy… Rienne McElyea. [Read more…]
$192,500 settlement, “buyer’s remorse” boat purchase
SETTLEMENT: Boat dealer’s claims alleging “buyer’s remorse” breach of $67,438 boat purchase agreement and publication of defamatory statements about dealer on social media settled for $192,500… buyers’ counterclaims against dealer settled for $0. [Read more…]
Insurance, alleged bad faith settlement of death case
INSURANCE: Motion by Plaintiff alleging bad faith settlement of vehicle death case to exclude certain testimony & opinions of insurer’s hybrid and retained experts mostly denied… Molloy. [Read more…]
Insurance, MVA policy limits without release for insured
INSURANCE: An insurer does not breach duty to insured when it pays policy limits to 3rd-party without release for insured when liability for MVA and total damages are reasonably clear… certified question answered for Molloy. [Read more…]
Insurance bad faith, challenge of MVA insurer’s valuation
INSURANCE BAD FAITH: Motions to compel by both sides in case challenging insurer’s valuation of underlying MVA case that settled for $4.275 million without release of Defendant granted over claims of attorney client and work-product privileges in advice of counsel defense… fees on either motion denied as parties are of a mind that they are both right and they are both wrong… Molloy. [Read more…]
Insurance, duty to pay MVA limits to 3rd-party
INSURANCE: Certified question from Molloy accepted as to insurer’s duty to pay policy limits to MVA 3rd-party without release of insured where claimed specials are below policy limits but total damages exceed limits… order. [Read more…]
Insurance, $12 million confessed judgment, collusion
INSURANCE: Confessed judgment of $12 million ($17 million with interest at 12%) against insurer that refused to defend properly found unreasonable and product of collusion between real estate developer’s 2 entities engaged in construction of his luxury home on Flathead Lake island, but collusion so egregious that proper remedy is dismissal in entirety rather than reduction to “reasonable amount” of $2,432,010… $925,619.87 attorney fees & costs improperly awarded under “inherent powers,” but awardable under UDJA… Eddy affirmed, reversed. [Read more…]
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