Summary Judgment: Generally

Wommack v. National Farmers Union Property & Casualty Co., et al. [04/28/15] 2015 MTWCC 7 Where no respondents presented argument that National Farmers Union is or could be liable for Petitioner’s OD, and where Petitioner merely argues that liability for his last injurious exposure lies among the insurers providing coverage during his years of employment but does not specifically argue that National Farmers Union was liable, National Farmers Union is entitled to judgment as a matter of law in accordance with § 39-72-303(1), MCA, In re Mitchell, and Nelson, since it was not the insurer during the last years of Petitioner’s exposure to asbestos.

Liberty Northwest v. Montana State Fund In Re: Mitchell [02/01/08] 2008 MTWCC 10 Not only are summary judgment motions typically disfavored by this Court, but ARM 24.5.329(1)(b), specifically provides that where the Court concludes the issues may be resolved as expeditiously at trial, it may decline to consider motions for summary judgment. Where no less than seventeen substantive briefs have been filed in multiple motions for summary judgment, the Court is at a loss to think of a better application of this rule.
Sandru v. Rochdale Ins. Co. [6//07/04] 2004 MTWCC 49 On a motion for summary judgment the Court will not consider contentions or issues not pled in the petition.
Sandru v. Rochdale Ins. Co. [6//07/04] 2004 MTWCC 49 While summary judgment is an extreme remedy which should not be granted if there is any dispute regarding material facts, it should be granted where undisputed material facts entitle the moving party to judgment as a matter of law.
Crawford v. Liberty NW [4/3004] 2004 MTWCC 41 The Court will not consider legal theories where there is no factual predicate for doing so.
Fuss v. Ins. Co. of North America and Valor Ins. Co., Inc. [11/25/03] 2003 MTWCC 68 Although disputed facts preclude summary judgment, the Court may determine issues of law when ruling on a motion for summary judgment.

Liberty NW v. Robin Marquardt [10/30/03] 2003 MTWCC 63 The Court will not consider issues raised in a motion for summary judgment which are outside the scope of the pleadings.

Oster v. State Compensation Ins. Fund [10/31/95] 1995 MTWCC 85 The Court will not convert respondent's motion to dismiss into one for summary judgment where no sworn and admissible evidence has been presented.
Ahl v. Transportation Ins. Co. [05/11/95] 1995 MTWCC 35 Where petitioner has failed to identify specific medical bills that he believes must be paid following settlement reserving medical benefits to him, it is impossible for the Court to determine whether those bills relate to the industrial injury, requiring denial of claimant’s motion for summary judgment. Claimant’s contention that all medical bills must be paid without regard to statutory and medical provider rules has no legal foundation.

ANR Freight Systems, Inc. v. Garrett Freight Lines/Farmers Ins. Group and Thoreson [01/26/95] 1995 MT 5 In dispute over whether insurer or self-insurer is liable for claimant’s present back condition, summary judgment would not be granted to self-insurer where its motion is based entirely on evidence from one doctor and discovery is not completed. Where dispute involves a series of injuries and/or aggravations, surgery, and various medical opinions, it is better resolved by careful analysis of medical opinions and medical history following trial, not by summary judgment.