Depositions are a formal court proceeding and result in testimony that can sometimes be used at trial. Depositions are an attorney’s tool to find out about the other side’s case in the discovery phase of litigation. They generally take place after litigation has begun, but before trial. Everything … [Read more...] about What’s a Deposition?
Collaborative Divorce Agreements
COLLABORATE, DON’T LITIGATE! Divorce is an ugly 7-letter word: if you have children, it is worse. Many attorneys in states other than Montana offer what’s called "collaborative" divorces. Because of its size, and the lack of sufficient numbers of attorneys (yes, I’m saying there aren’t enough … [Read more...] about Collaborative Divorce Agreements
Septic Tank Safety
I don't spend much time reading the newspaper. I deal with tragedy and frustration at work, I don't want to get bogged down in the national tragedies and frustrations at home after hours, too. But, last week, I was waiting to meet with a doctor and I picked up the paper. I was greatly saddened to … [Read more...] about Septic Tank Safety
Dubray-Montana Law on Advance-Payments
In my previous post, I discussed the Ridley decision of the Montana Supreme Court. This is the case that requires insurance companies to pay for an injured party's medical expenses where liability is "reasonably clear" and the medical expenses are "causally related" to the accident. As anyone who … [Read more...] about Dubray-Montana Law on Advance-Payments
Ridley-Montana Law on Advance-Payments
Back when I was first out of law school, I took a job with a firm that does some insurance defense. One of my first interactions with an insurance company was a conversation I had with an adjuster who was wondering whether she actually had to pay for an injured person's medical expenses -- before … [Read more...] about Ridley-Montana Law on Advance-Payments
Subrogation and the Made Whole Doctrine
In this post, I discussed what subrogation is. I also explained, in my practice, that because of this right (and usually, language in the contract) health insurance companies today now claim a lien on settlements to the extent of the health insurance company’s payments. At first blush, it makes … [Read more...] about Subrogation and the Made Whole Doctrine
Young Athletes and Brain Injury
I ran across an interesting article today about the concussion dangers to young athletes participating in sports. “Shake it Off” May Be Fatal Advice 50 Youth Football Players Were Killed or Sustained Serious Head Injuries from 1997 to 2007 It really piqued my interest, because I know a high-school … [Read more...] about Young Athletes and Brain Injury
Subrogation and Health Insurance Liens. What are they and why do they matter?
An ordinary dictionary will define subrogation as the substitution of one party for another. And, that’s what it is; with a few technicalities, in the legal world. As I understand it, for our purposes, the idea of substituting one party for another in the legal world began in England, not long … [Read more...] about Subrogation and Health Insurance Liens. What are they and why do they matter?