IN THE MATTER OF MOLLIE R. TELLES TRAVELERS PROPERTY & CASUALTY COMPANY OF AMERICA Petitioner/Insurer
ROYAL INSURANCE COMPANY OF AMERICA Respondent/Insurer.
Submitted: March 29, 2005
DECISION AND SUMMARY JUDGMENT
The claimant developed carpal tunnel syndrome as a result of
her employment but was not diagnosed with the condition until
after her employment had ended. The employer's insurer at
the time she was diagnosed accepted liability for her carpal
tunnel syndrome claim under a reservation of rights, then
petitioned the Court for indemnification from the insurer
which insured the employer during the period of the
An insurer which insures an employer after the
claimant ceased working for the employer is not liable for an
occupational disease arising during the employment. Section
39-72-303, MCA (2001-2003), which governs liability as
between two insurers insuring a single employer, applies only
where both insurers provided coverage while the claimant was
actually employed by the employer.
Occupational Disease: Insurer Liable.
Section 39-72-303(2), MCA (2001-2003), which governs
liability between two insurers for the same employer, is
inapplicable to an insurer which did not insure the employer
while the claimant was employed. It has application only
where the employer was insured by two or more different
insurers while the claimant was employed.
Constitutions, Statutes, Rules, and Regulations:
Montana Code Annotated: 39-72-303, MCA (2001-2003).
Section 39-72-303, MCA (2001-2003), which governs liability
between two insurers for the same employer, is inapplicable
to an insurer which did not insure the employer while the
claimant was employed. It has application only where the
employer was insured by two or more different insurers while
the claimant was employed.
Summary Judgment: Motion for Summary
Judgment. Summary judgment may be granted to a
non-moving party where the parties agree on the essential
facts and the issue is one of law.
This is a dispute between two insurers - Travelers Property
& Casualty Company of America (Travelers) and Royal
Insurance Company of America (Royal) - as to which of them is
liable for the claimant's occupational disease. Royal
moves for summary judgment.
The parties agree on the facts material and essential to
Royal's motion for summary judgment. Those undisputed
facts are as follows:
¶2a The claimant, Mollie R. Telles, worked at Stream
International/Selectron (Stream International) from January
29, 2001, until August 15, 2003.
¶2b On August 15, 2003, and for some time prior to that
date, Stream International was insured by Royal.
¶2c In 2002 the claimant filed a claim with respect to
degenerative arthritis of her neck and upper back. Royal,
which insured Stream International at the ...