DEFAULT JUDGMENT: Set-aside in house renovation loan dispute properly denied… Kutzman affirmed (memorandum). [Read more…]
Well contamination, 3rd-party driller settled/dismissed
WELL CONTAMINATION: Driller of well at bar & grill found to be contaminated with fuel from store/gas station across the street dismissed from store’s 3rd-party claims after settling with bar & grill although not joint tortfeasor but under Deere/Durden rationale… main case settled eve of trial… Berger. [Read more…]
Legal malpractice, malicious prosecution
LEGAL MALPRACTICE: Settlement in underlying litigation properly admitted under seal to establish that Plaintiff was not prevailing party as to malicious prosecution claim… all claims properly rejected… Pinski affirmed (IOR I-3(c)). [Read more…]
Water, “combined appropriation” rules
WATER: 1993 rule interpreting “combined appropriation” in WUA as “groundwater developments that are physically manifold into the same system” properly invalidated, 1987 rule that “groundwater developments need not be physically connected nor have a common distribution system to be considered a `combined appropriation”’ properly reinstated… DNRC improperly ordered to initiate rulemaking…. Sherlock affirmed, reversed. [Read more…]
House defects, building code, negligence/punitives
HOUSE DEFECTS: Evidence of non-party City’s action or inaction in enforcing building code inadmissible as to developers’ violation of code (negligence), but admissible as to state of mind vis-à-vis punitives, may be presented only in punitives part of bifurcated trial… Gilbert. [Read more…]
Home defects, summary judgment rulings
HOME DEFECTS: Summary judgment rulings as to claims of defects in subdivision home resulting from expansive clay soils… Sandefur. [Read more…]
Home defects, initial developer, later purchaser
HOME DEFECTS: Initial developer owed no duty to subsequent purchasers of home with settling defects (1st impression in Montana), not personally liable as partner of partnership… Neill. [Read more…]
Negligence, MVA defense verdict
NEGLIGENCE: Negligent entrustment in MVA properly rejected, affidavit averring mother’s knowledge of daughter’s driving [Read more…]
Insurance, UIM exclusion amendment notice
INSURANCE: Owned vehicle UIM exclusion void as against public policy for lack of reasonable notice of amendatory endorsement [Read more…]
Insurance, apartment complex collapsed carport
INSURANCE: Unattached carport covered in commercial policy insuring apartment complex premises based on [Read more…]