Jurisdiction: Pre-emptive Strikes
American Home Assurance v. Mary Bry [2/27/04] 2004 MTWCC 18 Where insurer has denied liability the Court will not consider the insurer's petition to compel claimant's cooperation in the further investigation and determine its liability. |
Champion International Corp. v. Brennan [06/13/95] 1995 MTWCC 46 The Workers’ Compensation Court does not permit insurers or self-insured employers to use principles of declaratory judgment to determine the timing of litigation of a worker’s potential entitlement to benefits under the Workers’ Compensation or Occupational Disease Acts. Where adjudication may never be necessary concerning entitlement to benefits, the insurer cannot use a pre-emptive strike to force claimant to settle or litigate just so it can close its files. |
Champion Int'l Corp. v. Bernhard [06/13/95] 1995 MTWCC 45 Where adjudication may never be necessary concerning entitlement to benefits, the insurer cannot use a pre-emptive strike to force claimant to settle or litigate just so it can close its files. |