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March 30, 2022

Eight Circumstances for Excess Liability in Settlement: ...

... Comparing Limits, Liability, and Damages.

Another case involving small limits, great liability, and great damages is Young v. Hammer, Hewitt, Jacobs & Floch, PLLC, 405 Mont. 65, 491 P.3d 725, 2021 MT 180 (Mont. 2021).  That is "a legal malpractice case for failure to file a timely claim with an insurer" filed by Mary-Ann Young and her daughter Autumn Rose against the law firm which represented them on their bodily injury claims.

Ultimately the Montana trial court and the Montana Supreme Court agreed that Young and her daughter lost nothing, holding that there was no insurance coverage for their underlying claim.

Eight circumstances for excess liability in settlement are explored in an investigation of the decided case law in 1 DENNIS J. WALL, LITIGATION AND PREVENTION OF INSURER BAD FAITH §§ 3:36-3:44 (3d edition West Publishing Co., 2022 Supplements in process).

Please read the disclaimer.  ©2022 Dennis J. Wall.  All rights reserved.

Posted by on March 30, 2022 at 01:37 PM |

Tags: #LimitsLiabilityAndDamages, #LitigationAndPreventionOfInsurerBadFaith, #MontanaSupremeCourt

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