DAYCARE NEGLIGENCE: Claims as to child’s subdural hematomas properly rejected on summary judgment… Rienne McElyea affirmed. [Read more…]
Daycare negligence, subdural hematomas, defense SJ
DAYCARE NEGLIGENCE: Claims as to child’s subdural hematomas rejected on summary judgment… Rienne McElyea. [Read more…]
Evidence/procedure, Rule 62.1 indicative, new evidence
EVIDENCE/PROCEDURE: Jurisdiction lacking over Rule 60(b) motion following notice of appeal… Rule 62.1 indicative motion properly denied as “new evidence” in boat shooting was inadmissible hearsay and not obtained with reasonable diligence… Recht affirmed. [Read more…]
Boat shooting claims against marital rival
BOAT SHOOTING claims against marital rival properly dismissed on summary judgment… Recht affirmed (IOR I-3(c)). [Read more…]
Insurance, false representations, quadriplegic missionary
INSURANCE: Summary judgment granted that adjuster made false representation as to defense under reservation that was pertinent to coverage of claims by missionary rendered quadriplegic in MVA that ultimately settled for $26 million, denied as to other alleged misrepresentations. . . Plaintiff must still prove misrepresentation caused actual damages. . . Kutzman. [Read more…]
Arbitration, maritime policy, Montana yacht
ARBITRATION: Orders finding an arbitration clause in a maritime policy enforceable and compelling arbitration of 2 claims but not 10 others against underwriters that denied coverage for a yacht owned by Montanans that ran ashore off Panama affirmed in part and reversed in part, remanded to grant insurers’ motion to compel arbitration in its entirety. . . Watters affirmed, reversed. [Read more…]
Insurance, liability stacking
INSURANCE: Insurer met requirements to prevent stacking of liability policies in this case under §33-23-203, which it stipulated applies to its policies… Pinski. [Read more…]
Removal, insurer/adjuster bad faith, joinder
REMOVAL: Remand of bad faith suit against insurer and adjuster on the basis of asserted defects in removal notice denied under 1988 amendments to Title 28, but granted on basis that Complaint alleged sufficient facts to state claim of unfair settlement practices by adjuster, Defendants’ failure to show that joinder should be deemed fraudulent… Morris. [Read more…]
Insurance, UIM, family member vehicle exclusion
INSURANCE: Exclusion of UIM on family vehicle valid under Monroe… Monroe not in conflict with Bennett/ Hardy coverage for which insurer received consideration, [Read more…]