Tag: Montana

Merely Reciting Policy Exclusions Is Insufficient to Avoid a Defense ObligationMar 29, 2016

The Ninth Circuit affirmed the District Court decision that Scottsdale Insurance Co. breached the duty to defend its policyholder, a home builder, in an underlying construction defect lawsuit brought by a Montana couple. The insurer’s denial letter, relying on a supposed policy homebuilding exclusion, was ineffective because, while quoting a number of policy provisions and exclusions, the letter did not explain how any of them applied to the facts of…

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Case Alert – Insurers Must Demonstrate Prejudice From Late Notice In MontanaJun 24, 2015

The Supreme Court of the State of Montana recently handed down a pro policyholder decision in, Atl. Cas. Ins. Co. v. Greytak, 376 Mont. 546, 347 P.3d 263 (2014). In answering a certified question from the Court of Appeals for the Ninth Circuit, the Court clarified that Montana law does in fact apply the notice-prejudice” rule; specifically that insurers cannot simply deny coverage based on an insured’s failure to provide…

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