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George v. Bowler

George v. Bowler, 2015 MT 209 (July 28, 2015) (Baker, J.) (5-0, aff’d)

Issue: Whether the district court properly granted summary judgment to Bowlers on the basis of workers’ compensation exclusivity.

Short Answer: yes.

Affirmed

Facts: Robert George was a warehouse manager for Carpets Plus, a corporation whose sole shareholder and president is Curtis Bowler, and whose secretary and treasurer is Jean Bowler. Carpets Plus operates on rented property owned by the Bowlers individuals. In 20008, the Bowlers applied for a permit to build a warehouse on their property for use by Carpets Plus, and listed “owners” as the general contractors for the construction project.

In September 2008, Curtis asked Robert to assemble carpet racks in the uncompleted warehouse. While doing so, Robert fell and was injured.…

F.H. Stoltze Land & Lumber Co. v. American States Insurance Co.

F.H. Stoltze Land & Lumber Co. v. American States Insurance Co., 2015 MT 165 (June 23, 2015) (Baker, J.) (5-0, aff’d)

Issue: Whether district court properly granted summary judgment to insurer on grounds that policy insurer has with Schlegel does not require it to defend and indemnify Stoltze in action where Schlegel could not be held liable.

Short Answer: Yes.

Affirmed

Facts: In 2003, Schlegel and Stoltze contracted for Schelgel to log Stoltze’s property. In the contract, Schlegel agreed to obtain liability insurance indemnifying Stoltze from liability for loss or injury arising from the logging operations. Schelgel also agreed that the indemnification would not be limited by Schlegel’s immunity, Schlegel having waived such immunity as a defense against Stoltze.

The policy extended coverage to any person for whom Schlegel was required by contract to provide insurance, but further provided there was no coverage if “in the absence of this endorsement, no liability would be imposed by law” on Schlegel.…