Common Fund Litigation: Insurers

Common Fund Litigation: Insurers

Reesor v. Montana State Fund [07/20/05] 2005 MTWCC 40 If the petitioner’s attorney is not entitled to common fund fees because no common fund exists or application of the common fund doctrine would be unconstitutional, the Court has no further jurisdiction to order payment of benefits to claimants not involved in the main litigation or to order payment of common fund attorney fees. Thus, all legal rulings regarding absolute defenses to a claim of a common fund must be applied to all insurers and self-insurers whether or not they raised the legal defenses which are successful.

Rausch v. Montana State Fund & Ruhd v. Liberty [02/22/05] 2005 MTWCC 9 Where a decision creates a common fund, insurers have a duty to identify and pay the benefitted claimants the benefits to which they are entitled.