Claims: Reservation of Rights

Clapham v. Twin City [08/01/12] 2012 MTWCC 27 Section 39-71-615, MCA, is not a separate method by which insurers may choose to pay medical benefits under a reservation of rights except for non-wage-loss cases.  It therefore is inapplicable to situations where the claimant incurs a wage loss.

Montana State Fund v. Zurich American (In Re Golt) [01/21/09] 2009 MTWCC 3 Where Claimant was not made a party to an action between insurers, this Court cannot order Claimant to reimburse the insurer who paid benefits under a reservation of rights.

Liberty Mutual Fire Ins. Co. v. Scott Griner [ 11/16/00] 2000 MTWCC 69 Letter which states that the insurer is reserving its rights to seek an adjudication that a prior insurer is liable for claimant's condition, but is accepting liability if the prior insurer is not liable, is clear on its face and requires no interpretation

UEFund v. American International Group/Payless Shoesource, Inc. (Donald Revell) [9/8/00] 2000 MTWCC 49A Where UEF presented evidence that liabilty was not accepted on claim, but benefits paid under reservation of rights, Court order granting intervention would be amended to omit reference to acceptance of liability. Other parties are not precluded from arguing at trial that liability was in fact accepted.