Legal Opinion
Kruzich v. Old Republic Insurance
Montana Supreme Court
Decided June 10, 2008No. DA 06-0436PublishedCited by 7 opinions
1Opinion of the CourtJustice Nelson
¶1 Old Republic Insurance Company (Old Republic) appeals a judgment of the Workers’ Compensation Court (WCC) setting aside the 1994 settlement agreement between Old Republic and Henry Kruzich, and reopening Henry’s claim. We reverse.
¶2 We address the following issue on appeal: Did the WCC err in rescinding the settlement agreement based upon mutual mistake of fact?
FACTUAL AND PROCEDURAL BACKGROUND
¶3 In August 1988, Henry suffered a serious head injury while employed with Blue Range Mining of Butte, when an ore bucket struck Henry on the side of the face. At the time of Henry’s injury, Blue…
2Cases cited34 opinions
- Richard W. Shear v. The National Rifle Association of America, a New York CorporationCourt of Appeals for the D.C. Circuit · 1979
- Hartford Fire Insurance v. Federated Department Stores, Inc.District Court, S.D. New York · 1989
- Boles v. BlackstockSupreme Court of Alabama · 1986
- James R. Baker v. The Penn Mutual Life Insurance CompanyCourt of Appeals for the Tenth Circuit · 1986
- Opsahl v. Pinehurst Inc.Court of Appeals of North Carolina · 1986
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3Cited by7 opinions
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- Mears v. Safeco InsuranceDistrict Court, D. Montana · 2012
- Flynn v. Montana State FundMontana Supreme Court · 2011
- Elk Mountain Motor Sports, Inc. v. Montana Department of Labor & Industry, Uninsured Employers' FundMontana Supreme Court · 2012
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