Archive | Class definition

Roose v. Lincoln County Employee Group Health Plan

Roose v. Lincoln County Employee Group Health Plan, 2015 MT 324 (Nov. 17, 2015) (Wheat, J.; McKinnon, J., dissenting) (4-1, aff’d)

Issue: (1) Whether the district court abused its discretion in certifying the proposed class; and (2) if the class was properly certified, whether the district court abused its discretion by defining the class over broadly.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: Kent Roose was severely injured in a car accident in October 2007. The other driver, Stearns, was killed in the accident; his negligence is undisputed. Stearns’ liability insurance carrier tendered the limit of its coverage to Roose, and Stearns’ estate also paid Roose; however, these payments did not cover Roose’s $320,000 medical bill from Kalispell Regional Hospital.…

Diaz v. State

Diaz v. State, 2013 MT 219 (Aug. 6, 2013) (6-1) (Baker, J., for the majority; Wheat, J., dissenting)

Issue: Whether the district court abused its discretion by defining the class to include only those insureds who had timely filed claims for covered benefits.

Short Answer: No.

Affirmed…

Rolan v. New West

Rolan v. New West, 2013 MT 220 (Aug. 6, 2013) (7-0) (Baker, J.)

Issue: Whether the district court abused its discretion by adopting the class definition proposed by Rolan and denying New West’s motion to modify the class definition.