INSURANCE: No duty by CGL insurer to defend negligent construction claims against builder based on complaint claims of [Read more…]
Insurance, fees in dec action against insurer
INSURANCE: Montana law recognizes insured’s right to recoup attorney fees in successful declaratory action against its [Read more…]
Negligence, wind-blown sign injury, duty
NEGLIGENCE: Contractual obligations of project engineer in town wastewater project did not include duty to see that sign that was [Read more…]
Insurance/estate, nonclaim statute, MVA limits
INSURANCE/ESTATE: “To the limits of the insurance protection only” exception to nonclaim statute allows claim against estate to continue for determination of dollar damages, [Read more…]
Insurance, auto deletion error, mutual intent
INSURANCE: Policy properly reformed to reflect mutual intent to delete accident vehicle (subject of $400,000 consent judgment)… Lynch/Cebull affirmed (unpublished). [Read more…]
Insurance, CGL endorsements ambiguity
INSURANCE: Ambiguous CGL endorsements construed against insurer so that general contractor is additional insured with blanket coverage under policy obtained by supplier… [Read more…]
Easement by necessity, “river-locked” tract, unity
EASEMENT: State-owned river bed between Plaintiff’s parcel and parcels on public road defeats claim of easement by necessity because there was never unity of ownership [Read more…]
Insurance, comp exclusivity, corp by estoppel
INSURANCE: “Corporation by estoppel” properly not applied to avoid comp exclusivity as to injured garage door employee… CGL policy and endorsement do not provide coverage to company contracting with door company… whether agent received contract and knew it specified a [Read more…]
Insurance, 3rd-party UM insurer, phantom
INSURANCE: Supervisory control of Stadler denied as to dismissal of 3rd-party complaint against MVA Plaintiff’s UM insurer, preclusion of evidence of phantom motorist… order. [Read more…]
$146,670 verdict, house footing drainage
VERDICT: $146,670, house contractor/vendor and settled subdivision developer negligent as matter of law as to water entering crawl space, excavator found negligent by jury, contractor 53%, excavator 24%, developer 23%… defense verdict for contractor and excavator on [Read more…]