Archive | Notice-prejudice rule

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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.…

Estate of Gleason v. Central United Life Insurance Co.

Estate of Gleason v. Central United Life Insurance Co., 2015 MT 140 (May 20, 2015) (Wheat, J.; McKinnon, J., concurring & dissenting; Rice, J., concurring & dissenting) (5-2, aff’d & rev’d)

Issue: (1) whether the district erred in applying the notice-prejudice rule; (2) whether the district court erred when it instructed the jury that it must first find UTPA damages other than damages for failure to pay benefits before considering punitive damages; (3) whether the district court erred by failing to direct a verdict against Central United for violating the UTPA; (4) whether the district erred in not dismissing the UTPA claim because Central United had a reasonable basis in law for denying the claims; (5) whether the district court erred in determining the date from which the statute of limitations was applied; (6) whether the district court erred in allowing the parties to present evidence of other cases in and out of Montana; (7) whether the district court properly awarded trial costs to Central United; (8) whether the district court erred in awarding attorneys’ fees to the estate.…