DEFAMATION: Post-release claim against Remington for TV statements dismissed in light of similar pre-release TV statements… Christensen affirmed (unpublished). [Read more…]
Insurance, auto policy employee exclusion
INSURANCE: Employee exclusion in truck company’s policy valid under Montana law where NJ shipper allegedly improperly loaded truck which caused it to overturn in NC, resulting in death of driver… Tibi dicta cannot withstand scrutiny in light of Reading, which is still good law despite subsequent MLPA… Tibi public policy concerns not at issue since driver’s estate received $132,627 in work comp and coverage is available under shipper’s policy for any liability by shipper… Christensen. [Read more…]
Product liability, Remington rifle, statute
PRODUCT LIABILITY: 3-year tort statute not tolled by discovery/fraudulent concealment to prevent dismissal of Remington rifle accidental discharge claims… Cebull affirmed (unpublished). [Read more…]
Insurance, CECRA Potentially Liable Party notices
INSURANCE: Potentially Liable Party notices under Montana’s CECRA are functional equivalent of “suits” under insurance policies, subject to unequivocal demonstration standard… insurer breached duty to defend when presented with request to defend and PLP letters, should have defended and filed dec action to [Read more…]
Courts, CA’s legal assistant as city judge
COURTS: Petition by former JP for writ of prohibition challenging establishment of City Court with CA’s legal assistant as Judge [Read more…]
Product liability/negligence, $7,490,000 CO verdict
PRODUCT LIABILITY/NEGLIGENCE: $7,490,000 CO verdict for 18 Plaintiffs against heater manufacturer improperly reduced by 30% negligence of installer since jury not asked to apportion negligence/product, but should be reduced by $2 [Read more…]
Comparative negligence, $7,490,000 CO verdict
COMPARATIVE NEGLIGENCE/AG NOTICE: Extension to notify AG of “unclear” constitutional challenge to §27-1-703 denied in appeal of 30% reduction of $7,490,000 verdict for 18 [Read more…]
$7,490,000 verdict, 18 Plaintiffs, CO exposure
VERDICT: $7,490,000, 18 Plaintiffs, CO exposure, brain, defective heating system, 70% negligence by manufacturer, 30% negligence by settled installer. [Read more…]