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Articles 1 - 4 of 4
Full-Text Articles in Law
Avoiding The Intentional Acts Exclusion In Casualty Insurance, Greg Munro
Avoiding The Intentional Acts Exclusion In Casualty Insurance, Greg Munro
Faculty Journal Articles & Other Writings
This article examines public policy that forbids the use of insurance to indemnify willful wrongdoing by an insured. The article notes that this policy against insuring the intentional wrongdoer is expressed in casualty insurance policies in which the basic insuring agreements restrict coverage to an "occurrence" which is defined in the policies as an "accident." The article discusses the importance of knowing how to plead and develop the facts so that the claim comes within the coverage of an "occurrence" so as to avoid the intentional acts exclusion of the policy.
Development And Status Of Insurance Bad Faith In Montana, Greg Munro
Development And Status Of Insurance Bad Faith In Montana, Greg Munro
Faculty Journal Articles & Other Writings
This article outlines the development of the tort of bad faith as it applies to insurance in Montana ending with particular attention to the issue of the existence now of bad faith tort outside the Unfair Claim Settlement Practices Act. The article concludes that the tort of insurance bad faith and the attendant potential for punitive damages are potent weapons in the fight to make insurance companies honor their promises and duties to claimants and insureds.
The "Household" Or "Family" Exclusion In Auto Policies, Greg Munro
The "Household" Or "Family" Exclusion In Auto Policies, Greg Munro
Faculty Journal Articles & Other Writings
This article examines the household or family exclusion in casualty policies and how the Montana Supreme Court has responded to challenges to the exclusion. The article concludes that if attorneys adequately prepare the challenge, the courts in Montana will scrutinize the exclusion carefully.
Securing Insurance Coverage Of Medical Expense And Avoiding Subrogation, Greg Munro
Securing Insurance Coverage Of Medical Expense And Avoiding Subrogation, Greg Munro
Faculty Journal Articles & Other Writings
This article explores some of the law that will control issues encountered in pursuing payment of medical expenses under insurance policies and programs. The article concludes that attorneys must analyze the situation in light of statutes and case law and utilize useful techniques for avoiding the insurer's subrogation, offsets and limitations when making claims to secure payment of medical expenses.