Legal Opinion · Dissent
Associated Dermatology & Skin Cancer Clinic of Helena, P.C. v. Fitte
Montana Supreme Court
Decided December 28, 2016No. DA 16-0103Published
1DissentJustice Wheat
¶27 I respectfully dissent from the majority. I would hold that Mountain West’s untimely attempt to interplead the CGL funds failed because Behlmer and DeTienne had legally established their right and priority to the funds. The following sets out the full timeline of events relevant to this case:
* June 22.2012—Fitte started afire on his property that damaged Behlmer and DeTienne’s property. Fitte had two insurance policies with Mountain West: a personal liability/homeowners policy with a limit of $300,000, and a commercial policy with a CGL limit of $1 million, and an automotive limit of…
2Cases cited6 opinions
- Sanders v. Armour Fertilizer WorksSupreme Court of the United States · 1934
- Charles W. White v. Federal Deposit Insurance Corporation, as Receiver for Texas American Bank-Galleria, Federal Deposit Insurance Corporation, as Successor in Interest to Ncnb Texas National Bank v. Toni Y. Kozak, Trustee of Black Family Trust, Howard R. Block, Porter & Clements and John E. O'neill, Intervenors-AppellantsCourt of Appeals for the Fifth Circuit · 1994
- Texaco, Inc. v. PonsoldtCourt of Appeals for the Ninth Circuit · 1997
- Avant Petroleum, Inc. v. Banque ParibasCourt of Appeals for the Second Circuit · 1988
- James Talcott Construction, Inc. v. P & D Land EnterprisesMontana Supreme Court · 1993
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