Montana Supreme Court News

Viewpoint: Videotaping of Child in Shower is ‘Sexual Misconduct’ Excluded by Policy

Plaintiffs, R.S. and D.S. filed a lawsuit against a homeowner, Shawn Conrad, in Yellowstone County, Montana. The case involved a minor who took a shower at Conrad’s home. The female minor discovered hidden cameras that had been placed in the …

Montana Court Upholds Most Points in Ruling That Cost Insurer $98M for Libby Mine Claims

The Montana Supreme Court upheld all but one point in a ruling that requires Berkshire Hathaway’s National Indemnity Co. to reimburse the state nearly $98 million for the cost of asbestos litigation tied to the Libby Mine. In a 6-1 …

Montana Supreme Voids UIM Exclusion For Motorcyles Owned By Policyholder

An insurer wrongly denied uninsured motorist coverage to a policyholder who was injured while riding his motorcycle even though the policy excluded damages caused by motorcycle accidents, the Montana Supreme Court ruled Tuesday. The high court ruled that the insurance …

Supreme Court to Hear BP Unit’s Dispute over Montana Superfund Site

WASHINGTON — The U.S. Supreme Court on Monday agreed to a hear a bid by a unit of British oil major BP Plc to avoid a lawsuit by private landowners in Montana seeking to force the company to pay for …

Montana Courts Finds That Falling Boulders Constitute ‘Earth Movement’ for Purposes of Policy Exclusion

The Montana Supreme Court in Parker v. Safeco Ins. Co. of America, 384 Mont. 125, 2016 MT 173, 376 P.3d 114 (2016), held that an earth movement exclusion was not limited solely to damages caused by soil movement. The Court …

Montana Supreme Court Adopts Notice-Prejudice Rule

In 2011, the Montana Supreme Court issued its decision in Steadele v. Colony Ins. Co., 2011 MT 208, 361 Mont. 459, 260 P.3d 145 (2011) concluding that compliance with the notice requirement in an insurance policy was a condition precedent …

Right to Intervention Upheld by Montana Supreme Court

In Abbey/Land, LLC v. Interstate Mechanical, Inc., 378 Mont. 372, 345 P.3d 1032 (2015), the Court held that an insurance company has the right under Montana law to intervene in order to present its arguments and evidence concerning the reasonableness …

Montana Court Hears Arguments In Jury Award Cap Case

The Montana Supreme Court heard arguments Friday in an appeal of a case that could determine whether the state’s $10 million cap on jury awards for punitive damages will stand. The Bozeman Daily Chronicle reported attorneys debated before the court …

Montana Company Seeks to Strike State Cap on Punitive Damage Awards

A Butte-based office supply company is asking the Montana Supreme Court to uphold a lower judge’s ruling that the state’s cap on punitive damage awards is unconstitutional. The constitutional challenge filed by Masters Group International Inc. comes after a Butte-Silver …

Montana Weighs in on the Obligation to Provide Co-Counsel to Assist Another Insurer Defending Mutual Insureds

The insurance company’s duty to defend commonly requires the insurance company to hire legal counsel although that requirement may not be present in every case. The issue of dual representation recently came before the Montana Supreme Court in State Farm …