SUPERVISORY CONTROL of John Brown to vacate over-length TRO halting challenged construction of residence denied as likely only further delaying resolution… order. [Read more…]
Insurance, premises liability defense costs, primary/excess
INSURANCE: Primary insurer responsible for defense costs of premises liability suit pursuant to “Other Insurance” provisions in primary and excess policies. . . duty to defend not implicated since excess insurer did not abandon its insured. . . primary insurer required to reimburse excess insurer its fees & costs for defending insured from date defense tendered. . . Manley. [Read more…]
CPA/RCDA, buyer’s claims against seller’s builder
CPA/RCDA: Claim by purchasers of allegedly defective home viable against seller’s builder as individual member of contracting LLC under Court’s previous 1st-impression ruling that privity of contract not required for CPA claim against seller’s engineer… claim of personal [Read more…]
IME, “hired gun,” attic floor fall
IME/SUMMARY JUDGMENT: Attic fall Defendant entitled to “hired gun” Rule 35 exam, with measures to minimize intrusion… fact issues preclude summary judgment… subsequent defense verdict… McKinnon. [Read more…]
Defense verdict (20/80), attic floor fall
VERDICT: Defense (20/80), fall through attic floor, neck/back.
A Great Falls jury found 8-4 that Meadow Lark Country Club acted [Read more…]