DISCOVERY: Vehicle rental company compelled to produce thoroughly educated & prepared 30(b)(6) designees to address topics listed in wrongful death Plaintiffs’ notices (all topics, not just topics specifically identified in Order, to avoid further pettifogging and taking a mile when given an inch), failure to provide knowledgeable designees shall be contempt of court… given Plaintiffs’ failure to specifically request what they now seek and that the materials were ultimately disclosed, sanctions under 37(c) are not appropriate, any other result would value the discovery motion more than the discovery… Molloy. [Read more…]
Insurance, alleged bad faith settlement of death case
INSURANCE: Motion by Plaintiff alleging bad faith settlement of vehicle death case to exclude certain testimony & opinions of insurer’s hybrid and retained experts mostly denied… Molloy. [Read more…]
Insurance, MVA policy limits without release for insured
INSURANCE: An insurer does not breach duty to insured when it pays policy limits to 3rd-party without release for insured when liability for MVA and total damages are reasonably clear… certified question answered for Molloy. [Read more…]
Insurance, beetle-infested log home
INSURANCE: Policy correctly held not applicable to construction of beetle-infested log home… Christensen affirmed (memorandum). [Read more…]
Insurance bad faith, challenge of MVA insurer’s valuation
INSURANCE BAD FAITH: Motions to compel by both sides in case challenging insurer’s valuation of underlying MVA case that settled for $4.275 million without release of Defendant granted over claims of attorney client and work-product privileges in advice of counsel defense… fees on either motion denied as parties are of a mind that they are both right and they are both wrong… Molloy. [Read more…]
Insurance, duty to pay MVA limits to 3rd-party
INSURANCE: Certified question from Molloy accepted as to insurer’s duty to pay policy limits to MVA 3rd-party without release of insured where claimed specials are below policy limits but total damages exceed limits… order. [Read more…]
LLC, distribution of multi-million-dollar settlement
LLC: Summary judgment granted and denied as to claims between Class B Members of Yellowstone LLCs relating to distributions of settlement of earlier suit, leaving only breach of contract for failing to obtain consent to settlement and common-law breach of fiduciary duty of original 9 counts. . . Berger. [Read more…]
Title insurance, “separate” lots unmarketable
TITLE INSURANCE: Insurer issued separate policies on lots that had been separated only for providing security for mortgages and thus did not exist as separate lots, deed not marketable, contract breached… Todd. [Read more…]
Property, lis, successor trust, contract
PROPERTY: Individual properly dismissed from Yellowstone Mountain Club litigation for lack of personal interest in property, title to lots correctly held to be knowingly taken subject to lis, successor trust not judicially estopped from asserting claims [Read more…]
Insurance, defend/indemnify, landslide lots
INSURANCE: Insurer has duty under CGL and umbrella policies to defend/indemnify sellers of landslide lots in suit resulting in $2,789,914/$2,883,080 awards including $545,443/$565,707 verdicts [Read more…]