Alicia Gurries | Cozen O’Connor A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 MT 72, ¶ 1, answered in the negative a question certified by a federal district court regarding tensions inherent in Montana’s Property and Casualty Insurance Policy Simplification Act (“PSA”). The Ninth Circuit had submitted the… Continue reading Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute
Tag: Montana
Landmark Montana Supreme Court Decision Series: Pollution Exclusion
Lorelie S. Masters, Patrick M. McDermott and Rachel E. Hudgins | Hunton Andrews Kurth In this post in the Blog’s Landmark Montana Supreme Court Decision Series, we discuss the court’s ruling on the pollution exclusion in National Indemnity Co. v. State, 499 P.3d 516 (Mont. 2021). The exclusion at issue was the standard qualified pollution exclusion used… Continue reading Landmark Montana Supreme Court Decision Series: Pollution Exclusion
No Duty to Indemnify Where No Duty to Defend
Tred R. Eyerly | Insurance Law Hawaii The Montana Supreme Court held that because there was no duty to defend the insureds’ intentional acts, the insurer had no duty to defend. Farmers Ins. Exch. v. Wessel, 2020 Mont. LEXIS 2617 (Mont. Dec. 22, 2020). The insureds’ property was accessed by Turk Road.… Continue reading No Duty to Indemnify Where No Duty to Defend
Roof Matching in Montana
Jennifer Van Voorhis | Property Insurance Coverage Law Blog | December 13, 2017 We received a request for a blog related to decisions on roof matching under homeowner’s policies of insurance. In 1997 the Insurance Commissioner’s Office of Montana took a position on roof matching under the contractual duty to make a policyholder “whole” again,… Continue reading Roof Matching in Montana
Montana Supreme Court Holds that a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract are not Contrary to Montana Law
Emily D. Anderson | Constructlaw | November 30, 2017 Zirkelbach Constr., Inc. v. DOWL, LLC, 2017 Mont. Lexis 591 (Mont., Sept. 26, 2017) In interpreting a state statute which makes contractual limitations on a party’s liability unenforceable in certain instances, the Supreme Court of Montana recently upheld the validity of a contract provision in a… Continue reading Montana Supreme Court Holds that a Waiver of Consequential Damages and a Partial Limitation of Liability in a Design Contract are not Contrary to Montana Law