INSURANCE: Actions of driver who drove into parked camp trailer and fired rifle shots at it excluded under criminal act exclusions of home and auto policies and intentional act exclusion of auto policy… Christensen. [Read more…]
Legal malpractice, bootstrap to class settlement
LEGAL MALPRACTICE: Attempt to bootstrap malpractice claim by Ohio hotel corporation which manages Hiltons in Montana against Philadelphia insurer’s San Francisco adjusters into Montana via $4,031,519 class settlement with Montana hotels properly rejected for lack of specific personal jurisdiction…Vannatta affirmed. [Read more…]
12(b)(6) dismissal with v. without prejudice
12(b)(6) DISMISSAL: MVA Plaintiffs’ claim that medical providers charged impermissible rates failed to demonstrate “concrete” harm and thus Article III standing, but should have been dismissed without prejudice to allow amendment… Morris affirmed, reversed (memorandum). [Read more…]
Insurance, surreptitious shower recording of minor
INSURANCE: Coverage of surreptitious shower recording of minor excluded “sexual misconduct,” insurer had no duty to defend against civil claims resulting in $500,000 consent judgment… Fehr affirmed. [Read more…]
Insurance, UIM, motorcyclist, unattainable condition
INSURANCE: UIM improperly denied motorcyclist with 3 other vehicles with UIM who was unable to satisfy coverage condition because insurer did not insure motorcycles in Montana… MP properly denied under policy terms which do not include motorcycles… Todd reversed, affirmed. [Read more…]
Employment discrimination, statute of limitations
EMPLOYMENT DISCRIMINATION: Dismissal based on statute of limitations vacated, remanded for further consideration of whether Title VII, ADA, §1981 claims are timely… Morris reversed (memorandum). [Read more…]
Work comp, 3% fire costs fee challenge not justiciable
WORK COMP policyholders’ challenge to 3% fee to offset state fire costs not justiciable after scheme’s termination… proposed claims against MSF and BOI members properly denied based on immunity… Larson affirmed. [Read more…]
Insurance, luxury home construction claims
INSURANCE: Insurer has duty to defend contractor against all claims in complaint by luxury home owners, but does not have duty to indemnify for $2.6 million+ liquidated damages, breach of warranty, MCPA, unjust enrichment, emotional distress claims, and fact issues preclude summary judgment on duty to indemnify for other claims… Molloy. [Read more…]
$404,100.29 verdict, wrongful resuscitation
VERDICT: $409,100.29, wrongful resuscitation. [Read more…]
Insurance, $300,000 consent, basement flooding
INSURANCE: Insurer owes purchaser of home with basement flooding the $300,000 amount of a confessed judgment against seller, $20,000 that seller paid to purchaser, $16,943.11 attorney fees/costs from the underlying case, prejudgment interest, fees in pursuing damages for breach of duty to defend seller (Plaintiff to submit documentation supporting 40% contingency)… Haynes. [Read more…]