STREAMBED: No jurisdiction by Conservation District to enforce Streambed Act on private property in Glacier Park… DeSoto affirmed (memorandum). [Read more…]
Partition, siblings’ lakeshore property
PARTITION: Siblings’ lakeshore property properly ordered partitioned in-kind… Owen affirmed (memorandum). [Read more…]
Conservatorship, son v. daughter properties distribution
CONSERVATORSHIP: Estate with numerous rental properties properly distributed 60% to son and 40% to daughter over challenges by son seeking bigger share… Vannatta affirmed. [Read more…]
Insurance, duty to defend defective siding claims
INSURANCE: Seeking declaratory judgment as to duty to defend defective siding claims does not constitute direct or anticipatory repudiation breach of contract but is endorsed by Montana Supreme Court… duty to indemnify for insured’s out-of-pocket settlements brokered without insurer’s consent not plausible breach of contract… plaintiff in underlying State Court suit against siding Defendant not a necessary party to declaratory action under rationale forged by this Court in light of open question in 9th Circuit… Landis stay of declaratory action granted as to on-the-merits determination of whether claims in State Court suit are covered by Policy, denied in all other respects… Christensen. [Read more…]
Attorney disqualification, LLC partner v. partner
ATTORNEY DISQUALIFICATION: No grounds to disqualify attorney who was formerly member of firm that represented partnership and now represents the partnership and one partner being sued by the other partner… supervisory control of Menahan denied. [Read more…]
Insurance, log home beetle infestation
INSURANCE: Disputed facts as to whether log home builder knew of industry practice of treating logs with insecticide and chose not to treat them and whether beetle infestation could have been expected preclude summary judgment for insurer on coverage. . . also remanded as to whether any coverage was lost when homeowner and builder settled for $328,824 without insurer’s consent. . . Christensen reversed (unpublished). [Read more…]
Milk dating, Montana’s 12-day sell-by date
MILK DATING: Washington packager has Art. III standing to challenge Montana’s 12-day sell-by date… Haddon reversed (unpublished). [Read more…]
False Claims Act, qui tam, Salish Kootenai College
FALSE CLAIMS ACT: Qui tam against Salish Kootenai College for allegedly providing false student reports to retain grants improperly dismissed on basis of tribal sovereign immunity, remanded for application of White as to whether College, as a “person” under FCA, functioned as arm of Tribe… Morris reversed. [Read more…]
Insurance, log home beetle infestation
INSURANCE: Employers Mutual changes coverage analysis but does not result in coverage of beetle infestation claims against log home builder, reconsideration denied… homeowner’s counterclaims against insurer, 3rd-party claims against agent, rejected… Christensen. [Read more…]
Insurance, gasoline tanker spill, $13,066,474
INSURANCE: Ambiguous “general aggregate” limit in excess liability policy construed to provide additional $4 million for Homeowners for damages from gasoline tanker spill, Homeowners properly awarded attorney fees for insurer’s breach of duty to indemnify to proper limits… insurer did not breach duty to defend by withdrawing from defense and subsequently reinitiating defense (applying Independent Milk to breach of assumed duty to defend), not liable for $13,066,474 stipulated judgment entered 8 months later… McLean affirmed, reversed. [Read more…]