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.