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| Farmers Union Mut. Ins. Co. v. Rumph, DA 06-0449,
SUPREME COURT OF MONTANA, October 2, 2007, Decided
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Overview: Where a passenger was injured in a rollover accident caused by the insured's son, the insurance policies held by the insured's businesses did not provide coverage. The insurance company satisfied its duty to investigate under Mont. Code Ann. § 33-18-201(4), by reading the amended complaint and denying coverage.
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| Performance Mach. Co. v. Yellowstone Mt. Club, LLC, 05-190,
SUPREME COURT OF MONTANA, October 2, 2007, Decided
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Overview: Enforceable contract existed between the parties under Mont. Code Ann. § 30-2A-201(4)-(5) that included other provisions related to the lessee's admissions and testimony; in construing the agreement under Mont. Code Ann. §§ 28-3-303, 28-3-202, 28-3-401, the lessor was not entitled to the "agreed value" of the property from the lessor if damaged.
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| State v. Converse, DA 06-0607,
SUPREME COURT OF MONTANA, October 2, 2007, Decided
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Overview: Where a probation search of defendant's residence revealed 2.1 grams of methamphetamine, her supervised release for a federal offense was revoked. A state charge against defendant for the felony possession of dangerous drugs under Mont. Code Ann. § 45-9-102 did constitute double punishment for the same offense.
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| White v. Dep't of Labor & Indus., DA 06-0434,
SUPREME COURT OF MONTANA, October 2, 2007, Decided
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Overview: A real estate salesperson used a Montana Association of Realtors (MAR) buy-sell agreement form copyrighted by the National Association of Realtors (NAR); however, he was not a member of either MAR or NAR, and his use of the form violated Mont. Code Ann. §§ 37-1-316(5), (18), 37-51-321(1)(d). The salesperson was fined $ 250.
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| C.T.E.-H. v. T.M.E.C., DA 06-0829,
SUPREME COURT OF MONTANA, October 3, 2007, Decided
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Overview: Where the district court granted the father primary residential custody of the child and the mother moved to Wyoming, the district court did not err in finding that a change in residential parent was not in the child's best interests. The district court set out meticulous findings of fact on the factors set forth in Mont. Code Ann. § 40-4-212(1).
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| State v. Bender, DA 06-0662,
SUPREME COURT OF MONTANA, October 3, 2007, Decided
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Overview: Where defendant admitted dragging his wife across the carpet by her legs, his acts constituted partner or family member assault in violation of Mont. Code Ann. § 45-5-206(1)(a), (c). The district court did not err in denying defendant's motion to withdraw his guilty plea; defendant gave no indication that his plea was involuntary.
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| White v. Dep't of Labor & Indus., DA 06-0353,
SUPREME COURT OF MONTANA, October 3, 2007, Decided
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Overview: Where a real estate salesperson licensed in Montana advertised for the sale real of property, he violated Mont. Code Ann. §§ 37-1-316(18), 37-51-321(2)(a), because he did not have a signed, written listing agreement at the time he advertised the real property. The district court did not err by affirming the decision to suspend his license.
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