Summary Judgment: Criteria

Liberty NW v. Robin Marquardt [10/30/03] 2003 MTWCC 63 The moving party is not entitled to summary judgment unless it presents uncontroverted facts showing it is entitled to judgment as a matter of law. Where the moving party is an insurer seeking a judgment ordering a claimant to submit to an independent medical examination or a functional capacities evaluation, summary judgment will not be granted where the facts proffered with the motion fail to demonstrate good cause for the IME or FCE.

Montana Contractor Compensation Fund v. Liberty Northwest Ins. Corp [2/19/03] 2003 MTWCC 10 A disagreement over the "interpretation" of uncontested facts does not give rise to a material issue of fact preventing summary judgment. Stanley v. Holms, 1999 MT 41, ¶ 32, 293 Mont. 343, 975 P.2d 1242, 293 Mont. 343 (1999). The party opposing a motion for summary judgment is entitled to a trial only when minds can "reasonably differ" as to the facts essential to the resolution of the legal issues in the case. Schmidt v. Washington Contractors Group, Inc., 1998 MT 194, ¶6, 290 Mont. 276, 964 P.2d 34.

Re: Thunstrom [8/8/02] 2002 MTWCC 39 Where an insurer moves for summary judgment directing a claimant to submit to an out-of-state independent medical examination, the statute governing such examination provides for the examination to take place as close as practical to the claimant's residence, and the claimant objects to the out-of-state examination based on distance, the insurer, to prevail on its motion, must present uncontroverted facts showing that it is not practical to obtain an examination in-state and closer to claimant's residence. It cannot rest on mere allegations that the out-of-state examination is appropriate.

Wiard v. Liberty Northwest Ins. Corp. [7/20/01] 2001 MTWCC 31A Court policies and rules do not preclude the grant of summary judgment. Where a party did not object to consideration of the motion, he cannot complain that the Court reached the merits of the motion.

Meyer v. Liberty Northwest Ins. Corp. [1/12/00] 2000 MTWCC 3 Even if the issue raised by claimant in her motion for summary judgment were resolved in her favor, other issues exist which require trial and prevent summary judgment in the case. Motion denied where Court cannot find no triable issue of fact in case.

Stormont v. National Union Fire of Pittsburgh [1/3/96]1996 MTWCC 1 While lack of supporting affidavits and discovery may not always be fatal to a motion for summary judgment (for example, where the briefs reveal agreement to facts necessary to resolve the motion), summary judgment will be denied where the moving party does not comply with rules requiring authenticated evidence or sworn discovery to support the motion.