INSURANCE: Insurer has duty to defend off-duty police officer against claims stemming from bar parking lot altercation in which Plaintiff alleges he was “brutally assaulted” as he was attempting to drive through the lot and the officer claims he acted in self-defense because of Plaintiff showing a firearm in his vehicle… underlying Complaint allegations read in conjunction with other facts known to insurer including self-defense claim asserted as affirmative defense in officer’s Answer… DeSoto. [Read more…]
Sexual assault, civil suit stay for “potential” criminal
SEXUAL ASSAULT: Stay of civil suit until expiration of statute of limitations for “potential” criminal prosecution denied… Eddy. [Read more…]
Smoking shelters, abatement, “class of one”
SMOKING SHELTERS: Abatement action against bar’s shelter not violative of Clean Indoor Air Act or DPHHS regulations, summary judgment improperly granted to bar and denied to Health Board, but bar’s selective enforcement “class of one” equal protection claim asserts sufficient facts for jury consideration, improperly dismissed… Olson reversed. [Read more…]
Insurance, Montana v. Kansas law
INSURANCE: Montana law to be applied to Kansas policy pursuant to choice of law provision and occurrence of MVA in Montana… Morris. [Read more…]
$4,373,138.50, water/sewer contract termination
VERDICT: $4,373,138.50 to contractor against engineers for City water & sewer main replacement contract termination… $650,000 settlement with City with confessed judgment/assignment of claims against engineers. [Read more…]
Indemnity, engineering of RR fuel unloading dock
INDEMNITY provisions of engineering agreement apply to engineering work on fuel unloading dock at Whitefish from which railroad employee fell, redress for injury shifted from engineering firm to railroad… judicial estoppel/admissions as to which year agreement applies, choice of law, definition of “renewal,” indemnity v. exculpatory vis-à-vis willful/negligent conduct, MCA 28-2-702 and 28-2-2111… Christensen. [Read more…]
Insurance, red-light UIM defense verdict
INSURANCE: UIM defense verdict, red-light MVA, verdict form… H. Brown affirmed (IOR I-3(c)). [Read more…]
Defense verdict, UIM, multiple injury claims
VERDICT: Defense, UIM, multiple injury claims. [Read more…]
Attorney disqualification, supervisory control
ATTORNEY DISQUALIFICATION: Supervisory control of J. Brown’s refusal to disqualify counsel denied for lack of showing breach of Joint Defense Agreement or violation of RPC or statutes governing practice… order. [Read more…]
Clean Indoor Air, casino smoking structures
CLEAN INDOOR AIR: Smoking structures attached to casinos are “enclosed public places” subject to CIAA notwithstanding “vents,” enforcement not precluded by purported judicial admission, estoppel… fees improperly awarded to owners who prevailed at preliminary injunction stage but lost on merits… Pinski reversed. [Read more…]