INSURANCE: Auto insurer not obligated to pay insured under med-pay amounts for medicals paid by BCBS as insured did not “incur” those expenses… Macek. [Read more…]
Settlement, insurance bad faith
INSURANCE BAD FAITH: Bus rollover bad faith case settled following Plaintiff’s objection to Ostby’s recommendation that insurers had reasonable basis for intervening causation [Read more…]
Insurance bad faith, reasonable basis in law
INSURANCE BAD FAITH: Insurers had reasonable basis in law to present intervening causation defense that rollover of bus that hit deer caused by defect of bumper that pressed against tire despite ruling that driver was negligent per se for going into the median… [Read more…]
Insurance, duty to procure UIM/med-pay
INSURANCE: Fact issues preclude summary judgment as to whether agent was negligent in not procuring UIM and only $5,000 med-pay when insureds sought same coverage in [Read more…]
Insurance, ESOP, $29 million stipulated judgment
INSURANCE: Defense of corporate officers in grocery chain ESOP litigation was tendered when insurer on notice in federal litigation and repeated requests for payment of defense costs in state action, insurer had duty to defend, policy not one of mere indemnification of defense costs, breached duty by [Read more…]
Insurance, stolen unattended vehicle in driveway
INSURANCE: Unattended Motor Vehicles statute not applicable to vehicle stolen while warming up in private driveway (1st impression)… declaratory action not appropriate for determining whether coverage under owner’s policy for damages incurred by driver of vehicle rear- [Read more…]
Pleading, police officer’s complaints against Chief
PLEADING: Police officer’s litany of complaints of mistreatment and retaliation by Chief for “proactive enforcement style” fails to provide sufficient nexus to any cause recognized in Montana or sufficient [Read more…]
Insurance, UIM/med pay procurement
INSURANCE: Negligence/fiduciary duty claims alleging failure to procure UIM/med pay in excess of $5,000 in transfer of policy from Oregon rejected on summary judgment… McKinnon. [Read more…]
Attorney-client, work product, comp bad faith
ATTORNEY-CLIENT/WORK PRODUCT: Employer may not withhold in bad faith action letter from comp insurer’s lawyer written prior to comp mediation, adjuster’s disclosure constitutes waiver of privilege… employer as disinterested 3rd-party precluded from participating in [Read more…]
Bankruptcy, legal malpractice, Barton doctrine
BANKRUPTCY: Malpractice and other claims against former attorney alleging misconduct as UCC chair and against co-defendant lawyers subject to Barton, District Court lacks jurisdiction as Plaintiff did not seek leave from Bankruptcy Court… Bankruptcy Court not barred by Stern from proposed findings & conclusions… Molloy. [Read more…]