Equity: Equitable Reimbursement
MONTANA SUPREME COURT DECISIONS |
State Farm v. Bush Hog, 2009 MT 349, 353 Mont. 173, 219 P.3d 1249 [10/21/09] It is not equitable to require a stranger to the employer-employee relationship to indemnify an employer for liability that was wholly avoidable if the employer had simply obeyed the WCA and provided coverage for its employees. Allowing an action for contribution or indemnity in such a situation would relieve an uninsured employer of the responsibility and consequences of his own violation of the workers’ compensation laws. |
MONTANA WORKERS' COMPENSATION COURT DECISIONS |
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H&D Investments v. Uninsured Employers' Fund [01/13/09] 2009 MTWCC 1 If an equitable obligation for reimbursement of the UEF for benefits paid to an injured worker exists, it exists against the uninsured employer. |