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In re Golz

In re Golz, 2015 MT 318 (Nov. 10, 2015) (Shea, J.) (7-0, cert. ques. answered)

Issue: Whether a bankruptcy debtor may claim an exemption in an inherited Individual Retirement Account under § 25-13-608(1)(e), MCA.

Short Answer: No.

Certified question from U.S. Bankruptcy Court answered

Facts: Christopher Golz filed for chapter 7 bankruptcy in December 2014. Golz is 40 years old and employed by Simms Fishing Products. Golz’s spouse did not file bankruptcy with him.

Golz inherited an ORA account from his mother upon her death, the value of which was listed by Golz as $6,905.65. Golz claimed the IRA as exempt property, and the trustee objected. Golz has not contributed to the account and cannot invest additional money in the account.…

Atlantic Casualty Insur. Co. v. Greytak

Atlantic Casualty Insur. Co. v. Greytak, 2015 MT 149 (May 29, 2015) (McGrath, C.J.; Rice, J., concurring; McKinnon, J., concurring) (7-0, certified question answered)

Issue: Whether the notice-prejudice rule applies to insurers in third-party damages claims.

Short Answer: Yes.

Certified question answered

Facts: In March 2010, GTL sued Greytak and Tanglewood (Greytak) for non-payment of an obligation arising from a construction project. GTL was insured by Atlantic Casualty under a CGL policy. In March 2010 Greytak sent a letter to GTL asserting it had grounds for various counterclaims involving construction defects, and in November 2010 filed counterclaims in the state court action.

In April 2011, GTL and Greytak entered a settlement agreement that required GTL to notify Atlantic of Greytak’s counterclaims.…

Metro Aviation, Inc. v. United States

Metro Aviation, Inc. v. United States, 2013 MT 193 (July 16, 2013) (7-0) (Cotter, J.)

Issue: The Court answers three certified questions from the U.S. District Court for the District of Utah:
(1) May a person who has settled a claim with a victim bring an action for contribution against a joint tortfeasor under § 27-1-703. MCA, if the victim never filed a court action?
(2) When a defendant in a pending action settled with the plaintiff ahead of trial, does § 27-1-703, MCA, allow the settling defendant to bring a subsequent contribution action against a person who was not a party to the tort action?
(3) Does Montana recognize a common-law right of indemnity where the negligence of the party seeking indemnification was remote, passive, or secondary, compared to that of the party from whom indemnity is sought?…