Common Fund Litigation: Parties

Common Fund Litigation: Parties

MONTANA SUPREME COURT DECISIONS

Schmill v. Liberty Northwest Ins. Corp. [12/22/09] 2009 MT 430 The Murer and Ruhd holdings confirm that claimants have a vested right to payment of past due benefits, regardless of which insurer is responsible for payment. Due process is not violated when a court construes the meaning of a statute applicable to all workers’ compensation insurers bound by uniform laws. Once potential beneficiaries are granted a vested right, a corresponding duty to pay arose as a matter of law.

MONTANA WORKERS' COMPENSATION COURT DECISIONS

Rausch v. Montana State Fund & Ruhd v. Liberty [02/22/05] 2005 MTWCC 9 Where a common fund has been established, the Workers’ Compensation Court has jurisdiction and authority to join insurers to enforce payment of benefits to benefitted claimants and also enforce the common fund attorney fee lien.