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Moreau v. Transportation Insur. Co.

Moreau v. Transportation Insur. Co., 2018 MT 1 (Jan. 2, 2018) (McGrath, C.J.) (5-0, aff’d)

Issue: Whether the Workers’ Compensation Court erred in granting summary judgment to Transportation Insurance Company.

Short Answer: No.


Facts: Moreau’s husband, Edwin, worked for W.R. Grace in Libby from 1963-1992. In 2009, Edwin died from asbestos-related lung cancer.

In 2000, Grace established the Libby Medical Plan to pay medical expenses for employees injured by asbestos. The Plan paid about $95,000 of Edwin’s medical expenses. In September 2012, as part of Grace’s bankruptcy, certain rights and duties of the Plan were transferred to the Libby Medical Plan Trust. Grace remained responsible for the Plan’s ongoing obligations incurred before that time.

In 2010, Moreau, as PR of Edwin’s estate, filed a work comp claim for occupational disease benefits.…

Roose v. Lincoln County Employee Group Health Plan

Roose v. Lincoln County Employee Group Health Plan, 2015 MT 324 (Nov. 17, 2015) (Wheat, J.; McKinnon, J., dissenting) (4-1, aff’d)

Issue: (1) Whether the district court abused its discretion in certifying the proposed class; and (2) if the class was properly certified, whether the district court abused its discretion by defining the class over broadly.

Short Answer: (1) No, and (2) no.


Facts: Kent Roose was severely injured in a car accident in October 2007. The other driver, Stearns, was killed in the accident; his negligence is undisputed. Stearns’ liability insurance carrier tendered the limit of its coverage to Roose, and Stearns’ estate also paid Roose; however, these payments did not cover Roose’s $320,000 medical bill from Kalispell Regional Hospital.…