Archive | June, 2017

Asurion Svcs., LLC v. Mont. Insur. Guaranty Assoc.

Asurion Svcs., LLC v. Mont. Insur. Guaranty Assoc., 2017 MT 140 (June 13, 2017) (Shea, J.; Sandefur, J., dissenting) (4-1, aff’d)

Issue: Whether the district court erred in granting SJ to Asurion based on work comp exclusivity.

Short Answer: No.

Affirmed

Facts: While employed by Asurion, Harris filed industrial injury claims for two different incidents, occurring on May 5, 2002, and September 4, 2002. Asurion was insured by Lumbermens Mutual Casualty Company as a Plan 2 employer. Lumbermens accepted and adjusted Harris’s workers’ compensation claims until it was declared insolvent in May 2013. When Lumbermens went into liquidation, the MIGA assumed handling of Harris’s claims pursuant to the Montana Insurance Guaranty Association Act (Guaranty Act), § 33-10-101, et seq., MCA.…

City of Helena v. Community of Rimini

City of Helena v. Community of Rimini, 2017 MT 145 (June 13, 2017) (Wheat, J.; Rice, J., dissenting) (4-3, aff’d & rev’d)

Issue: (1) Whether § 85-2-227(4), MCA, is impermissibly retroactive as applied to Helena’s water rights claim; (2) whether the Water Court erred in reinstating 7.35 cfs of Helena’s Tenmile Creek water rights; (3) whether the Water Court erred in finding Helena had abandoned .6 cfs of its Tenmile Creek water rights; and (4) whether the Water Court erred in imposing specific place of use restrictions on Helena’s decreed Tenmile Creek water rights.

Short Answer: (1) No; (2) no; (3) yes; and (4)

Affirmed in part, reversed in part, and remanded

Facts: This case is on appeal for the second time, and involves two water rights claims filed by the city of Helena for waters of Tenmile Creek.…